Exclusions, Limitations, and Disclaimers Sample Clauses

Exclusions, Limitations, and Disclaimers. SOBERLINK makes no warranties, express or implied, as to the ability of the SOBERLINK® device to determine whether, or the extent to which, a User’s mental or physical functioning, or judgment, may be impaired, including whether the User is intoxicated under any definition of that word. SOBERLINK expressly disclaims any liability for direct, indirect, incidental, special, or consequential damages of any nature under any legal theory. Any act or failure to act based on a reading from this device shall be at the User’s own risk or upon those who rely upon such reading. SOBERLINK assumes no responsibility for consequences to, or of, Users who use this device and later are shown to have been under the influence of alcohol or have had their judgment or any mental or bodily function impaired by alcohol. Correlation between breath alcohol content and blood alcohol concentration depends on many variables, including environmental factors (such as air quality, wind, humidity, temperature, etc.) and health conditions of the User. A low BrAC reading does not mean that the User’s physical or mental performance or judgment can respond to an emergency. The concentration of alcohol in the blood of a User cannot be exactly determined by using a breath alcohol-screening device. SOBERLINK does not warrant that the operation of the device will be error-free. SOBERLINK is not responsible for any consequences arising from the failure to follow instructions related to the device’s use. Because of the variables involved in the dissipation of alcohol consumption, individual metabolism, and self-administration, the User and associated third parties agree: (1) not to hold SOBERLINK or its agent and representatives, the manufacturer, dealer, wholesaler, or distributor, responsible for the consequences of any decision, based on the use of this device to operate a vehicle, boat, or aircraft or other equipment; and (2) to hold SOBERLINK or its agent and representatives harmless from the claims of others arising out of any such decision. TO THE EXTENT PERMITTED BY THE LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, SOBERLINK SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. IF SOBERLINK CANNOT LAWFULLY ...

Exclusions, Limitations, and Disclaimers. 7.1 All implied warranties, conditions and other terms, express or implied, whether by statute, common law, custom, usage or otherwise, including implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, informational content or accuracy, quiet enjoyment, title and non-infringement, and error-free operation with regard to the Radix® Software, and the provision of or failure to provide support services, are excluded.

Exclusions, Limitations, and Disclaimers. We will exercise all care to provide accurate, complete and timely information but We accept no liability for any errors or omissions in that information. You are responsible for making an independent judgment and assessment of these factors and may not rely upon any opinions, interpretations, statements, assurances or representations that We may give. In entering this Contract, You agree that You have examined the functionality and capability of the Service and are satisfied that the Service is suitable for You. You are not relying on any representation given by or on behalf of Us (written or otherwise) other than as contained in this Contract including without limitation any descriptions, illustrations or specifications contained in any document, including manuals, catalogues or publicity materials produced by Us. We cannot warrant that any Service will be compatible with every computer and operating environment. It is Your responsibility to find out whether the Service is compatible with Your computers and operating environment. We are not liable for any delay, damage, loss, injury, failure or breakdown that You may suffer as a consequence of any defect or deficiency in the Service, including any delay, damage, loss, injury, failure or breakdown to Your software and equipment. We do not warrant that each Service will meet Your requirements. We do not represent and warrant that the use of the Services will reduce the Your costs. You use the Services entirely at Your own risk. We are not responsible for any failure, delay, or interruption in Your use of the Services, including without limitation: system crashes; computer malfunctions; hardware faults; system errors; security breaches; theft; incompatibility issues; telecommunications problems; or any Supplier problems.