Common use of Warranties and Remedies Clause in Contracts

Warranties and Remedies. End-User understands that CSI obtains the information reported in its information products from various third party sources. CSI makes no representation or warranty whatsoever, express or implied, including but not limited to, implied warranties of merchantability or fitness for particular purpose, or implied warranties arising from the course of dealing or a course of performance with respect to the accuracy, validity, or completeness of any information products and/or consumer reports, that the information products will meet End-User’s needs, or will be provided on an uninterrupted basis; CSI expressly disclaims any and all such representations and warranties. CSI will not be liable for any indirect, incidental, consequential, or special damages for loss of profits, whether incurred as a result of negligence or otherwise, even if CSI has been advised of the possibility of such damages. End-User agrees to indemnify and hold harmless CSI, its successors and assigns, officers, directors, employees, agents, vendors, and suppliers from any and all claims, actions or liabilities arising from or with respect to information products provided by it. CSI nevertheless agrees to be responsible for actual damages to the extent of and maximum stated herein for third party claims directly resulting from CSI’s sole negligence in assembling the consumer report. CSI’s maximum aggregate liability for damages in this regard shall not exceed an amount equal to the price paid by End-User to CSI for the consumer report(s) at issue. CSI does not guarantee End- User’s compliance with all applicable laws in its use of reported information, and makes no effort to provide compliance related services in connection with its furnishing of reports. End-User understands that any conversation or communication with CSI’s representatives regarding searches, verifications or other services offered by CSI are not to be considered a legal opinion regarding such use. End-User agrees that it will consult with its own legal or other counsel regarding the legality of using or relying on reported information.

Appears in 2 contracts

Samples: Certification and Service Agreement, Certification and Service Agreement

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Warranties and Remedies. End-User understands that CSI obtains the information reported in its information products from various third party sources. CSI makes no representation or warranty whatsoever, express or implied, including but not limited to, implied warranties of merchantability or fitness for particular purpose, or implied warranties arising from the course of dealing or a course of performance with respect to the accuracy, validity, or completeness of any information products and/or consumer reports, except to the extent CSI complies with the Fair Credit Reporting Act Section 607(b) [15 U.S.C. § 1681e] and Section 613(a)(2) [15 U.S.C. § 1681k], makes no representation or warranty that the information products will meet End-User’s needs, or will be provided on an uninterrupted basis; CSI expressly disclaims any and all such representations and warranties. CSI will not be liable for any indirect, incidental, consequential, or special damages for loss of profits, whether incurred as a result of negligence or otherwise, even if CSI has been advised of the possibility of such damages. End-User agrees to indemnify and hold harmless CSI, its successors and assigns, officers, directors, employees, agents, vendors, and suppliers from any and all claims, actions or liabilities arising from or with respect to information products provided by it. CSI nevertheless agrees to be responsible for actual damages to the extent of and maximum stated herein for third party claims directly resulting from CSI’s sole negligence in assembling the consumer report. CSI’s maximum aggregate liability for damages in this regard shall not exceed an amount equal to the price paid by End-User to CSI for the consumer report(s) report at issue. CSI does not guarantee End- End-User’s compliance with all applicable laws in its use of reported information, and makes no effort to provide compliance related services in connection with its furnishing of reports. End-User understands that any sample notices or forms or conversation or communication with CSI’s representatives regarding sample notices or forms or searches, verifications or other services offered by CSI are not to be considered a legal opinion regarding such use. End-User agrees that CSI is not acting as End-User’s counsel and cannot provide legal advice to End-User. End-User agrees that it will consult with its own legal or other counsel regarding employment screening specific to End-User’s needs, including but not limited to policies, procedures, adverse action, disclosures, forms, notices and other responsibilities related to the legality procurement or use of using consumer reporting agency-provided information in compliance with applicable federal, state, local and international laws. End-User certifies that it has reviewed all electronic procedures, disclosures, forms, notices and other End-User responsibilities related to the procurement or relying on reported informationuse of consumer reporting agency-provided information and has or will make any edits, changes or modifications, if any, recommended by counsel or otherwise, in complying with applicable federal, state, local and international laws prior to procuring any consumer reports.

Appears in 2 contracts

Samples: Certification and Master Service Agreement, Certification and Master Service Agreement

Warranties and Remedies. End-User understands that CSI obtains the information reported in its information products from various third party sources. CSI makes no representation or warranty whatsoever, express or implied, including but not limited to, implied warranties of merchantability or fitness for particular purpose, or implied warranties arising from the course of dealing or a course of performance with respect to the accuracy, validity, or completeness of any information products and/or consumer reports, except to the extent CSI complies with the Fair Credit Reporting Act Section 607(b) [15 U.S.C. § 1681e] and Section 613(a)(2) [15 U.S.C. § 1681k], makes no representation or warranty that the information products will meet End-User’s needs, or will be provided on an uninterrupted basis; CSI expressly disclaims any and all such representations and warranties. CSI will not be liable for any indirect, incidental, consequential, or special damages for loss of profits, whether incurred as a result of negligence or otherwise, even if CSI has been advised of the possibility of such damages. End-User agrees to indemnify and hold harmless CSI, its successors and assigns, officers, directors, employees, agents, vendors, and suppliers from any and all claims, actions or liabilities arising from or with respect to information products provided by it. CSI nevertheless agrees to be responsible for actual damages to the extent of and maximum xxxxxxx stated herein for third party claims directly resulting from CSI’s sole negligence in assembling the consumer report. CSI’s maximum aggregate liability for damages in this regard shall not exceed an amount equal to the price paid by End-User to CSI for the consumer report(s) report at issue. CSI does not guarantee End- End-User’s compliance with all applicable laws in its use of reported information, and makes no effort to provide compliance related services in connection with its furnishing of reports. End-User understands that any sample notices or forms or conversation or communication with CSI’s representatives regarding sample notices or forms or searches, verifications or other services offered by CSI are not to be considered a legal opinion regarding such use. End-User agrees that CSI is not acting as End-User’s counsel and cannot provide legal advice to End-User. End-User agrees that it will consult with its own legal or other counsel regarding employment screening specific to End-User’s needs, including but not limited to policies, procedures, adverse action, disclosures, forms, notices and other responsibilities related to the legality procurement or use of using consumer reporting agency-provided information in compliance with applicable federal, state, local and international laws. End-User certifies that it has reviewed all electronic procedures, disclosures, forms, notices and other End-User responsibilities related to the procurement or relying on reported informationuse of consumer reporting agency-provided information and has or will make any edits, changes or modifications, if any, recommended by counsel or otherwise, in complying with applicable federal, state, local and international laws prior to procuring any consumer reports.

Appears in 1 contract

Samples: Certification and Master Service Agreement

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Warranties and Remedies. End-User understands that CSI obtains the information reported in its information products from various third party sources. CSI makes no representation or warranty whatsoever, express or implied, including but not limited to, implied warranties of merchantability or fitness for particular purpose, or implied warranties arising from the course of dealing or a course of performance with respect to the accuracy, validity, or completeness of any information products and/or consumer reports, except to the extent CSI complies with the Fair Credit Reporting Act Section 607(b) [15 U.S.C. § 1681e] and Section 613(a)(2) [15 U.S.C. § 1681k], makes no representation or warranty that the information products will meet End-User’s needs, or will be provided on an uninterrupted basis; CSI expressly disclaims any and all such representations and warranties. CSI will not be liable for any indirect, incidental, consequential, or special damages for loss of profits, whether incurred as a result of negligence or otherwise, even if CSI has been advised of the possibility of such damages. End-User agrees to indemnify and hold harmless CSI, its successors and assigns, officers, directors, employees, agents, vendors, and suppliers from any and all claims, actions or liabilities arising from or with respect to information products provided by it. CSI nevertheless agrees to be responsible for actual damages to the extent of and maximum stated herein for third party claims directly resulting from CSI’s sole negligence in assembling the consumer report. CSI’s maximum aggregate liability for damages in this regard shall not exceed an amount equal to the price paid by End-User to CSI for the consumer report(s) report at issue. CSI does not guarantee End- End-User’s compliance with all applicable laws in its use of reported information, and makes no effort to provide compliance related services in connection with its furnishing of reports. End-User understands that any sample notices or forms or conversation or communication with CSI’s representatives regarding sample notices or forms or searches, verifications or other services offered by CSI are not to be considered a legal opinion regarding such use. End-User agrees that CSI is not acting as End-User’s counsel and cannot provide legal advice to End-User. End-User agrees that it will consult with its own legal or other counsel regarding employment screening specific to End-User’s needs, including but not limited to policies, procedures, adverse action, disclosures, forms, notices and other responsibilities related to the legality procurement or use of using or relying on reported informationconsumer reporting agency-provided information in compliance with applicable federal, state, local and international laws.

Appears in 1 contract

Samples: Certification and Master Service Agreement

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