Common use of Warranty Disclaimer Clause in Contracts

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR IN THE SLA, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITY.

Appears in 3 contracts

Samples: Quivers Master Services Agreement, Quivers Master Services Agreement, Quivers Master Services Agreement

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Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR IN FOR THE SLALIMITED WARRANTIES STATED ABOVE, CLIENT UNDERSTANDS THE SOLUTIONS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ALL RELATED SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS CUSTOMER’S USE OF THEM IS AT ITS OWN RISK. AVEPOINT DOES NOT MAKE, AND HEREBY SPECIFICALLY DISCLAIMS, AND CUSTOMER RELEASES AND WAIVES, ANY AND ALL OTHER WARRANTIES OF ANY KINDWARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE OR FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE, INCLUDING WITHOUT LIMITATION ANY WARRANTY BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NONNONINFRINGEMENT. AVEPOINT DOES NOT WARRANT THAT CUSTOMER’S USE OF THE SOLUTIONS WILL BE UNINTERRUPTED OR ERROR-INFRINGEMENT. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICESFREE, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, NOR DOES AVEPOINT WARRANT THAT IT WILL REVIEW CUSTOMER DATA FOR ACCURACY OR THAT QUIVERS SERVICES IT WILL PRESERVE OR MAINTAIN CUSTOMER DATA WITHOUT LOSS. AVEPOINT SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF AVEPOINT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AVEPOINT DOES NOT WARRANT THAT THE SOLUTIONS WILL MEET ANY OF CLIENTCUSTOMER’S REQUIREMENTS, WILL OPERATE IN ANY COMBINATION THAT MAY BE SELECTED FOR USE BY CUSTOMER OR BE UNINTERRUPTEDIN COMBINATION WITH OTHER THIRD-PARTY SOFTWARE BEYOND THE THIRD-PARTY SOFTWARE EXPRESSLY APPROVED AS COMPLIANT IN THE DOCUMENTATION. EXCEPT AS TO COMPATIBILITY OF THE LICENSED SOFTWARE AS DESCRIBED IN AVEPOINT’S DOCUMENTATION, TIMELYAVEPOINT MAKES NO WARRANTIES TO CUSTOMER WITH RESPECT TO CUSTOMER'S COMPUTER EQUIPMENT OR SYSTEM SOFTWARE OR ITS CAPACITY. FURTHERMORE, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX AVEPOINT DOES NOT WARRANT THAT ANY SOFTWARE ERRORS, DEFECTS, OR GUARANTEE THAT CLIENT INEFFICIENCIES WILL BE ABLE CORRECTED, NOR DOES AVEPOINT ASSUME ANY LIABILITY FOR FAILURE TO ACCESS CORRECT ANY SUCH ERROR, DEFECT OR INEFFICIENCY. AVEPOINT MAKES NO WARRANTY, AND CUSTOMER ASSUMES THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGESENTIRE RISK, AS WELL AS MAINTENANCETO THE INTEGRITY OF ANY DATA AND THE RESULTS, DOWNTIME AND OTHER INTERRUPTIONSCAPABILITIES, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY SUITABILITY, USE, NON-USE OR PERFORMANCE OF THE SOLUTIONS. IN NO EVENT SHALL AVEPOINT BE LIABLE TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE CUSTOMER FOR ANY DAMAGE TO CLIENT DAMAGES RESULTING FROM OR RELATED TO THE USE OF QUIVERS SERVICESTHE SOLUTIONS. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGALCUSTOMER MAY HAVE OTHER STATUTORY RIGHTS, TAXBUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, REGULATORYIF ANY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON SHALL BE LIMITED TO THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED SHORTEST PERIOD PERMITTED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYLAW.

Appears in 3 contracts

Samples: Master Software Licence and Subscription Agreement, Master Software Licence and Subscription Agreement, Master Software Licence and Subscription Agreement

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN BLP MAKES NO EXPRESS OR IMPLIED WARRANTIES RELATING TO THE PRODUCTS OR SERVICES COVERED BY THIS SECTION 15 OR IN THE SLAAGREEMENT, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL OTHER INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE CONTRIBUTOR NOR MULTEX MAKE ANY KINDWARRANTIES WHATSOEVER, EXPRESS EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION LIMITATION, ANY WARRANTY OF MERCHANTABILITY, WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR NONMERCHANTABILITY, CONCERNING THIS AGREEMENT, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-INFRINGEMENTMULTEX RESEARCH SERVICE OR THE REPORTS. XXXXXXX THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES NO ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE SOFTWARE SHALL BE UNINTERRUPTED OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTSCOMPLETENESS OF THE REPORTS. XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS MULTEX AND THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGESCONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, AS WELL AS MAINTENANCEINDIRECT, DOWNTIME AND OTHER INTERRUPTIONSCOMPENSATORY, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITYCONSEQUENTIAL, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERSSPECIAL, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGALLOST PROFITS, TAX, REGULATORYPUNITIVE, OR OTHER REQUIREMENTSDAMAGES, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATIONCOSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF GIFT CARDSOF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE MANNER OF ACCEPTING CREDIT CARDREPORTS. Multex's and its Contributors shall not have any obligation or liability to BLP or any third party relating to, DEBIT CARDor arising (i) the supplying, OR ANY OTHER FORMS OF PAYMENT ONLINEfurnishing or the failure to supply or furnish the Reports (including the information contained therein) or Services, CURRENCY RULES AND REGULATIONS(ii) errors or omissions in connecting, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERSrouting, processing, transmitting, distributing or displaying the Reports, or (iii) the accuracy of the Reports or securities or commodities information and prices, and related market and statistical information and prices displayed, carried or furnished by or through the Services. COMPLIANCE WITH ANY SUCH LEGALMultex and Contributors shall not have any liability for damages, REGULATORYdirect or indirect, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYspecial, consequential, compensatory, lost profits, for any defaults arising out of this Agreement. Multex maximum liability hereunder for any other cause not exculpated hereunder, whether in tort or contract, shall not exceed the actual damages. Multex may discontinue and terminate providing all or a portion of the Reports upon ten (10) days prior notice (or such shorter notice if the Contributor so directs) (i) if the Contributor of such Reports notifies and directs Multex to discontinue or terminate providing the Reports, (ii) BLP has breached its agreement with the Contributor, (iii) Contributor has terminated its agreement with BLP, (iv) Contributor discontinues offering such Reports, (v) Contributor, for whatever reason, directs Multex to discontinue providing the Reports to BLP, (vi) BLP has not received authorization from Contributor to receive the Reports, and (vii) Contributor terminates its agreement with Multex. BLP recognizes and understands that Multex cannot and does not guarantee in any way, the content, timeliness, or availability of the Reports or Services. Accordingly, BLP agrees that Multex shall not have any obligation or liability to BLP (whether caused directly or indirectly) relating to or arising out of (i) the interruption, delay or failure in connecting, transmitting, routing, delivery, or distributing the Services or Reports, (ii) errors in connecting, transmitting, processing, disseminating, furnishing, displaying or distributing the Reports or Services, (iii) the unavailability of Reports or Services, (iv) the accuracy of the Reports (including the securities, pricing or commodities information contained therein) or the accuracy of the Reports as may be displayed, furnished or transmitted by or through the Services, (v) errors in entitling BLP with Reports that BLP is not entitled to receive or the failure to entitle BLP, (vi) the acts or omissions of the Contributors, including the termination or discontinuance of the Reports by Contributors to Multex or BLP. Multex's sole liability to BLP or any Third Party for claims, notwithstanding the form of such claims (e.g., contract, negligence or otherwise), arising out of items (i) through (vi) above, shall be to use reasonable efforts to resume the Services, make the Services or Reports available to BLP or correct any errors as promptly as reasonably and feasibly practicable.

Appears in 3 contracts

Samples: Multex Com Inc, Multex Systems Inc, Multex Systems Inc

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED SET FORTH IN THIS SECTION 15 AGREEMENT, EACH OF NOVATION, VHA, UHC AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THE SLATHIS AGREEMENT, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ARE PROVIDED SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY SERVICE PROVIDER HEREBY DISCLAIMS ALL OTHER IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR NON-INFRINGEMENTCOURSE OF PERFORMANCE WITH REGARD TO THE SERVICES. XXXXXXX EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY WITH RESPECT TO ACCURACY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTSDATA. XXXXXXX SERVICE PROVIDER DOES NOT WARRANT OR GUARANTEE THAT CLIENT IT WILL BE ABLE TO ACCESS CORRECT ALL REPORTED DEFECTS IN THE QUIVERS SITE SERVICES OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT THE SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICESUNINTERRUPTED OR ERROR-FREE. QUIVERS EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO COUNSEL WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION SERVICES PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYTHIRD PARTIES.

Appears in 3 contracts

Samples: Outsourcing Agreement (Global Healthcare Exchange, LLC), Outsourcing Agreement (Global Healthcare Exchange, LLC), Outsourcing Agreement (Neoforma Inc)

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED SET FORTH IN THIS SECTION 15 OR IN 8, THE SLACOMMERCIAL SOFTWARE, CLIENT UNDERSTANDS THE DOCUMENTATION AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, SUPPORT SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WITHOUT WARRANTY OF ANY KIND, EXPRESS AND ELASTIC AND ITS LICENSORS MAKE NO WARRANTIES WHETHER EXPRESSED, IMPLIED OR IMPLIEDSTATUTORY REGARDING OR RELATING TO THE COMMERCIAL SOFTWARE, INCLUDING WITHOUT LIMITATION THE DOCUMENTATION, THE SUPPORT SERVICES OR ANY WARRANTY OTHER MATERIALS OR SERVICES FURNISHED OR PROVIDED TO MSP UNDER THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ELASTIC AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AND NON-INFRINGEMENT. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICESINFRINGMENT WITH RESPECT TO THE COMMERCIAL SOFTWARE, THE DOCUMENTATION, THE SUPPORT SERVICES AND ANY INFORMATION, MATERIALS, PRODUCTS OR OTHER SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTSMATERIALS PROVIDED BY ELASTIC HEREUNDER, AND WITH RESPECT TO THE USE OF THE FOREGOING. XXXXXXX FURTHER, ELASTIC DOES NOT WARRANT RESULTS OF USE OR GUARANTEE THAT CLIENT COMMERCIAL SOFTWARE WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERSERROR FREE, THAT ARE INCONSISTENT HEREWITH ALL ERRORS WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS CORRECTED OR PARTICIPATING MERCHANTS. THAT THE USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT ELASTIC SOFTWARE WILL BE UNINTERRUPTED. MSP AGREES THAT IT IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE RESULTS OBTAINED IN CONNECTION WITH ITS USE OF QUIVERS SERVICESTHE COMMERCIAL SOFTWARE. QUIVERS PROVIDES NO COUNSEL IN ADDITION, MSP UNDERSTANDS AND AGREES THAT THE COMMERCIAL SOFTWARE IS NOT DESIGNED OR ADVICE REGARDING LEGALINTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, TAXAIRCRAFT, REGULATORYWEAPONS SYSTEMS, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYLIFE SUPPORT SYSTEMS.

Appears in 3 contracts

Samples: License and Support Agreement, License and Support Agreement, License and Support Agreement

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED SET FORTH IN THIS SECTION 15 AGREEMENT, EACH OF NOVATION, VHA, UHC AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THE SLATHIS AGREEMENT, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ARE PROVIDED “SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER "AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY " SERVICE PROVIDER HEREBY DISCLAIMS ALL OTHER IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR NON-INFRINGEMENTCOURSE OF PERFORMANCE WITH REGARD TO THE SERVICES. XXXXXXX EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY WITH RESPECT TO ACCURACY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTSDATA. XXXXXXX SERVICE PROVIDER DOES NOT WARRANT OR GUARANTEE THAT CLIENT IT WILL BE ABLE TO ACCESS CORRECT ALL REPORTED DEFECTS IN THE QUIVERS SITE SERVICES OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT THE SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICESUNINTERRUPTED OR ERROR-FREE. QUIVERS EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO COUNSEL WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION SERVICES PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYTHIRD PARTIES.

Appears in 2 contracts

Samples: Outsourcing Agreement (University Healthsystem Consortium), Outsourcing Agreement (Vha Inc)

Warranty Disclaimer. EXCEPT AS EXPRESSLY (a) THE CREDIT UNION CANNOT FORESEE OR ANTICIPATE ALL TECHNICAL OR OTHER DIFFICULTIES RELATED TO THE APPLICATION OR SERVICES. THESE DIFFICULTIES MAY RESULT IN LOSS OF DATA, PERSONALIZATION SETTINGS OR OTHER APPLICATION INTERRUPTIONS. WE ASSUME NO RESPONSIBILITY FOR ANY DISCLOSURE OF ACCOUNT INFORMATION TO NON-PARTIES, THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS OR PERSONALIZATION SETTINGS IN CONNECTION WITH YOUR USE OF THE APPLICATION. (b) WE ASSUME NO RESPONSIBILITY FOR THE OPERATION, SECURITY, FUNCTIONALITY OR AVAILABILITY OF ANY COMPUTING DEVICE OR NETWORK, WHICH YOU UTILIZE TO ACCESS THE APPLICATION OR USE SERVICE. (c) YOU AGREE TO EXERCISE CAUTION WHEN UTILIZING THE APPLICATION ON YOUR COMPUTING DEVICE AND TO USE GOOD JUDGMENT AND DISCRETION WHEN OBTAINING OR TRANSMITTING INFORMATION. (d) THE SERVICES AND APPLICATION PROVIDED IN THIS SECTION 15 OR IN THE SLA, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ARE HEREUNDER IS PROVIDED "AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ," WITH ALL OTHER WARRANTIES OF ANY KINDDISCLAIMED, INCLUDING, ALL EXPRESS OR IMPLIEDIMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND ANY SIMILAR WARRANTY WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR NON-INFRINGEMENTANY STATE THEREOF. XXXXXXX MAKES THERE IS NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OF PROPRIETARY RIGHTS. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SERVICES AND LICENSED APPLICATION SHALL BE BORNE SOLELY BY YOU. (e) THERE IS NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICESTHAT THE SERVICES AND APPLICATION WILL MEET YOUR REQUIREMENTS, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS ACCESS TO THE SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT ANY DEFECTS IN THE SERVICES AND APPLICATION WILL BE ABLE TO ACCESS CORRECTED. YOU ACKNOWLEDGE THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE QUIVERS SITE OR USE OF THE QUIVERS SERVICE APPLICATIONS AND APPLICATION ARE AT ALL TIMES. CLIENT UNDERSTANDS YOUR SOLE RISK AND ACKNOWLEDGES THAT INTERNET CONGESTION DISCRETION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WE WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS LIABLE OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT YOU OR YOUR PROPERTY. YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO FOLLOW PROPER BACKUP PROCEDURES TO PROTECT AGAINST LOSS OR ERROR RESULTING FROM THE USE OF QUIVERS SERVICESTHE SERVICES AND LICENSED APPLICATION. QUIVERS PROVIDES (f) NO COUNSEL ADVICE OR ADVICE REGARDING LEGALINFORMATION, TAXWHETHER ORAL OR WRITTEN, REGULATORYOBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. (g) SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON SO CERTAIN OF THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYFOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.

Appears in 2 contracts

Samples: Banking and Mobile Deposit Terms and Conditions Agreement, Banking and Mobile Deposit Terms and Conditions Agreement

Warranty Disclaimer. EXCEPT For Purchases from Alaskan Copper & Brass Company: SELLER IS A WHOLESALER OF GOODS ONLY, AND AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR IN THE SLA, CLIENT UNDERSTANDS AND AGREES SUCH ONLY WARRANTS THAT THE QUIVERS SERVICESGOODS WILL CONFORM TO THE EXPRESS SPECIFICATIONS AND DIMENSIONAL DESCRIPTION STATED OR REFERENCED ON THE APPLICABLE QUOTATION, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL ACKNOWLEDGMENT OR INVOICE. SELLER MAKES NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IMPLIED (INCLUDING WITHOUT LIMITATION ANY NO WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, USAGE OR NON-INFRINGEMENT. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICESTRADE), ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITYENTITY WITH REGARD TO THE GOODS COVERED HEREBY AND FORBIDS PURCHASER TO REPRESENT OTHERWISE TO ANYONE WITH WHICH IT DEALS. SELLER HEREBY ASSIGNS TO PURCHASER THE WARRANTIES, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERSIF ANY, COVERING THE GOODS WHICH SELLER RECEIVES FROM THIRD PARTIES, BUT SELLER SHALL HAVE NO DUTY TO ENFORCE SUCH WARRANTIES. For purchases from Alaskan Copper Works: SELLER WARRANTS TO PURCHASER, BUT NOT TO ANYONE ELSE, THAT ARE INCONSISTENT HEREWITH THE GOODS WILL HAVE NO EFFECT CONFORM TO THE EXPRESS SPECIFICATIONS AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION DIMENSIONAL DESCRIPTION SHOWN ON THE PROVISIONAPPLICABLE QUOTATION, OPERATIONACKNOWLEDGMENT OR INVOICE. SELLER MAKES NO OTHER WARRANTY OF ANY KIND, EXPRESS OR USE IMPLIED, (INCLUDING NO WARRANTY OF GIFT CARDSMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USAGE OR TRADE), TO ANY PERSON OR ENTITY WITH REGARD TO THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, GOODS OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES SERVICES COVERED HEREBY AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE FORBIDS PURCHASER TO REPRESENT OTHERWISE TO ANYONE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYWHICH IT DEALS.

Appears in 2 contracts

Samples: www.alaskancopper.com, www.alascop.com

Warranty Disclaimer. TO THE GREATEST EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY PROVIDED FOR THE EXPRESS LIMITED WARRANTY SET OUT IN THIS SECTION 15 OR IN 13(A), THE SLA, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITETHE SOFTWARE, AND THE INFORMATION SOFTWARE SERVICES, THE PROFESSIONAL SERVICES AND ANY CONTENT CONTAINED THEREON, OTHER PRODUCTS OR SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED TO CUSTOMER “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL THERE ARE NO OTHER WARRANTIES OF ANY KINDWARRANTIES, EXPRESS REPRESENTATIONS OR CONDITIONS, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THEM OR ANY WARRANTY OTHER PRODUCT, SERVICE OR MATERIAL PROVIDED HEREUNDER OR IN CONNECTION HEREWITH. XXXXXX, ITS LICENSORS AND SUPPLIERS DISCLAIM ANY IMPLIED WARRANTIES OR CONDITIONS REGARDING THE SOFTWARE, THE SOFTWARE SERVICES, THE SERVICES, THE PROFESSIONAL SERVICES AND ANY OTHER PRODUCTS, SERVICES AND MATERIALS PROVIDED HEREUNDER OR IN CONNECTION HEREWITH, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE OR NON-INFRINGEMENT. XXXXXXX MAKES NO WARRANTY XXXXXX DOES NOT REPRESENT OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS WARRANT THAT THE SERVICES OR THE SOFTWARE SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, SHALL OPERATE ERROR FREE OR FREE FROM VIRUSES UNINTERRUPTED, SHALL MEET ANY OR OTHER HARMFUL COMPONENTSALL OF CUSTOMER’S PARTICULAR REQUIREMENTS, THAT ALL ERRORS OR DEFECTS IN THE SERVICES OR SOFTWARE SERVICES CAN BE FOUND OR CORRECTED. XXXXXXX WITHOUT LIMITING THE FOREGOING, XXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. MAKE ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON WHATSOEVER WITH REGARD TO PRODUCTS OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, THIRD PARTIES (INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDSTHIRD PARTY COMPONENTS, THE MANNER HARDWARE, THE OPERATION OF ACCEPTING CREDIT CARDTHE INTERNET, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, NETWORK OR OTHER REQUIREMENTS COMMUNICATION SERVICES) AND ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE FOREGOING OR THE APPROPRIATENESS OF YOUR DATA MANAGEMENT SYSTEM OR THE ACCURACY OF DATA CONTAINED IN SUCH SYSTEM. NO AGREEMENTS VARYING OR EXTENDING ANY EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT SHALL BE BINDING ON EITHER PARTY UNLESS IN WRITING AND SIGNED BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYAN AUTHORIZED SIGNING OFFICER OF XXXXXX.

Appears in 2 contracts

Samples: A Service Agreement, A Service Agreement

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION 15 OR IN 10.1, THE SLASOFTWARE, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICESDOCUMENTATION, QUIVERS SOLUTION AND QUIVERS SITEDISKETTES, CD-ROM, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, OTHER MEDIA ARE PROVIDED ON AN “AS IS” BASIS. MKS SPECIFICALLY DISCLAIMS AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS EXCLUDES ALL OTHER WARRANTIES OF ANY KINDOR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION BUT NOT LIMITED TO CONFORMITY TO ANY WARRANTY OF REPRESENTATION OR DESCRIPTION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR PURPOSE, TITLE, NON-INFRINGEMENTINFRINGEMENT OR ANY CONDITIONS OF QUALITY OR ANY WARRANTIES ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR FITNESS FOR ULTRAHAZARDOUS ACTIVITIES. XXXXXXX MKS MAKES NO WARRANTY WHATSOEVER, EXPRESS OR REPRESENTATION REGARDING QUIVERSIMPLIED, WITH RESPECT TO THE SOFTWARE, DOCUMENTATION, MAINTENANCE SERVICES AND THIRD PARTY SOFTWARE. . THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. IN PARTICULAR, MKS SHALL NOT HAVE ANY RESPONSIBILITY WHATSOEVER FOR ANY PORTIONS OF THE SOFTWARE WHICH HAVE BEEN MODIFIED BY YOU OR ON YOUR BEHALF WITHOUT MKSSERVICESPRIOR WRITTEN CONSENT. YOU ARE RESPONSIBLE FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS, ANY INFORMATIONAND FOR THE INSTALLATION, MATERIALS, PRODUCTS OR SERVICES USE AND RESULTS OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTSTHE SOFTWARE. XXXXXXX MKS DOES NOT WARRANT THAT THE SOFTWARE SHALL MEET YOUR REQUIREMENTS OR GUARANTEE THAT CLIENT WILL ITS OPERATION SHALL BE ABLE UNINTERRUPTED OR ERROR FREE, NOR THAT SOFTWARE ERRORS OR DEFECTS SHALL BE CORRECTED. YOU MAY HAVE CERTAIN STATUTORY RIGHTS TO ACCESS WHICH THESE EXCLUSIONS DO NOT APPLY; HOWEVER, TO THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE FULL EXTENT PERMITTED BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDSLAW, THE MANNER DURATION OF ACCEPTING CREDIT CARDSTATUTORILY REQUIRED WARRANTIES, DEBIT CARDIF ANY, OR ANY OTHER FORMS OF PAYMENT ONLINESHALL BE LIMITED TO THE WARRANTY PERIOD SET FORTH IN THIS SECTION 11.1. MOREOVER, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION IN NO EVENT SHALL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO DEALER, AGENT OR COLLECTED EMPLOYEE OF MKS IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS LIMITED WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYJURISDICTION TO JURISDICTION.

Appears in 2 contracts

Samples: Software License Agreement, Software License Agreement

Warranty Disclaimer. EXCEPT AS EXPRESSLY THE SERVICE, INCLUDING ALL CONTENT THEREIN, IS PROVIDED IN THIS SECTION 15 OR IN THE SLA, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ARE PROVIDED “"AS IS," "WITH ALL FAULTS" AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL OTHER WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED EXCEPT AS SET FORTH HEREIN. GEOFORCE DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, AND DATA ACCURACY. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX GEOFORCE DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS MAKE ANY REPRESENTATIONS REGARDING THE QUIVERS SITE OPERATION OF THE SERVICES, THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES RESULTS OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS THE MATERIALS IN THE SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINEWEBSITE LINKED TO THE SERVICES. GEOFORCE DOES NOT WARRANT THAT THE SERVICES WILL BE FREE FROM INFECTION, CURRENCY RULES AND REGULATIONSVIRUSES, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGALWORMS, REGULATORYTROJAN HORSES, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYCODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. GEOFORCE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED. SOME STATES, TERRITORIES, AND COUNTRIES DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS, SO, TO THAT EXTENT, THE ABOVE EXCLUSION MAY NOT APPLY TO CUSTOMER.

Appears in 2 contracts

Samples: Geoforce Canada Global Purchase Agreement, Global Purchase Agreement

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR IN 9, THE SLA, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS WITH ALL OTHER WARRANTIES FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. CUSTOMER, EXPRESS OR ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND USERS AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES AND YOUR APPLICATION(S), INCLUDING WITHOUT LIMITATION ANY WARRANTY ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. XXXXXXX MAKES WITHOUT LIMITATION TO THE FOREGOING, Logtrade PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION REGARDING QUIVERS’ OF ANY KIND THAT THE SERVICES OR YOUR APPLICATION(S) WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, ANY INFORMATIONOPERATE WITHOUT INTERRUPTION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, PERFORMANCE OR RELIABILITY STANDARDS OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES THAT ANY ERRORS OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT DEFECTS CAN OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYCORRECTED.

Appears in 2 contracts

Samples: Terms and Conditions, Terms and Conditions

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15 BY INSTALLING, COPYING OR IN THE SLAOTHERWISE USING LIGHTING ANALYSTS’ PRODUCTS, CLIENT UNDERSTANDS CUSTOMER AGREES TO TAKE AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ARE PROVIDED USE LIGHTING ANALYSTS’ PRODUCTS “AS IS”. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 6.1 (LIMITED WARRANTY) HEREOF, LIGHTING ANALYSTS MAKES AND “AS AVAILABLE.” QUIVERS EXPRESSLY THE CUSTOMER RECEIVES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SOFTWARE, THE MATERIALS, THE PAYMENT SERVICES, IF ANY, THE MAINTENANCE, THE SUPPORT, AND/OR ANY SERVICES PROVIDED BY LIGHTING ANALYSTS. ANY STATEMENTS OR REPRESENTATIONS ABOUT THE PAYMENT SERVICES, THE LICENSED SOFTWARE, THE SOFTWARE, AND THEIR FUNCTIONALITY IN THE MATERIALS OR ANY COMMUNICATION WITH THE CUSTOMER CONSTITUTES DESCRIPTIVE INFORMATION AND NOT AN EXPRESS WARRANTY OR GUARANTEE. IN ADDITION, LIGHTING ANALYSTS SPECIFICALLY DISCLAIMS ALL ANY OTHER WARRANTY INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LIGHTING ANALYSTS DOES NOT WARRANT THAT THE OPERATION OR NONOUTPUT OF THE SOFTWARE WILL BE ACCURATE, ERROR-INFRINGEMENTFREE, RELIABLE, COMPLETE OR UNINTERRUPTED. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATIONLIGHTING ANALYSTS DOES NOT WARRANT THAT THE SOFTWARE, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS PAYMENT SERVICES, OR THAT QUIVERS SERVICES PROVIDED HEREUNDER WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGESBUGS, AS WELL AS MAINTENANCEVIRUSES, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORYERRORS, OR OTHER REQUIREMENTSLIMITATIONS. Some states do not allow the exclusion of implied warranties, INCLUDING WITHOUT LIMITATION ON THE PROVISIONtherefore the above exclusions may not apply to Customer, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYin which case any implied warranties are limited in duration to thirty (30) days from date of purchase.

Appears in 2 contracts

Samples: Software License Agreement, Software License Agreement

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR IN THE SLANO WARRANTIES. LICENSOR, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICESITS AFFILIATES, QUIVERS SOLUTION AND QUIVERS SITERESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, OR ANY OTHER GUARANTEES OR CONDITIONS WITH RESPECT TO USE OF THE INFORMATION LICENSED PROGRAMS. LICENSEE’S USE OF ALL SUCH PROGRAMS ARE AT LICENSEE’S AND ANY CONTENT CONTAINED THEREON, ARE PROVIDED CUSTOMERS’ OWN RISK. LICENSOR PROVIDES THE LICENSED PROGRAMS ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES ”. LICENSOR DOES NOT GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM, OR PROCESSED BY, THE LICENSED PROGRAMS. TO THE EXTENT PERMITTED UNDER LAW, LICENSOR EXCLUDES ANY KIND, EXPRESS OR IMPLIEDIMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR PURPOSE, WORKMANLIKE EFFORT, DATA ACCURACY, AND NON-INFRINGEMENT. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY GUARANTEE OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR OR ERROR-FREE OPERATION IS MADE. LICENSEE IS ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION, NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR FREE FROM VIRUSES PERFORMANCE OF THE SOFTWARE AND/OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES ACCOMPANYING MATERIALS, AND NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYSOFTWARE IN A PRODUCTION ENVIRONMENT.

Appears in 2 contracts

Samples: Software Trial License Agreement, Software Trial License Agreement

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR IN AGREEMENT, THE SLAPURECLOUD SERVICE, CLIENT UNDERSTANDS EQUIPMENT, AND AGREES THAT THE QUIVERS OTHER SERVICES, QUIVERS SOLUTION DELIVERABLES, PRODUCTS AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ”. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF ANY KINDMERCHANTABILITY, EXPRESS OR IMPLIEDSATISFACTORY QUALITY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITYTITLE, FITNESS FOR A PARTICULAR PURPOSE OR PURPOSE, NON-INFRINGEMENT. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATIONCOMPATIBILITY, MATERIALSSECURITY, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICESQUIET ENJOYMENT, TIMELINESS, COMPLETENESS, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTSACCURACY. WITHOUT LIMITING THE FOREGOING, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES WE DO NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE ACCESS TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, PURECLOUD SERVICE OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, SERVICES OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION MATERIALS PROVIDED BY US WILL BE UNINTERRUPTED OR COLLECTED FROM ONLINE CUSTOMERSERROR-FREE. COMPLIANCE WITH ANY SUCH LEGALIT IS YOUR RESPONSIBILITY TO SELECT THE SERVICE NECESSARY TO ACHIEVE YOUR INTENDED RESULTS. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, REGULATORYSO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHERRIGHTS WHICH VARY BY JURISDICTION. IF THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, OR OTHER REQUIREMENTS YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYLAW.

Appears in 2 contracts

Samples: Service Terms and Conditions, Service Terms and Conditions

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR IN YOUR USE OF THE SLA, CLIENT UNDERSTANDS AND AGREES THAT DGAssistant SOFTWARE SERVICE IS AT YOUR SOLE RISK. THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ARE DGAssistant SOFTWARE SERVICE IS PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY YOU BEAR THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AVAILABILITY OF APPLICATIONS AND CONTENT FROM THE DGAssistant SOFTWARE SERVICE. DGAssistant MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE DGAssistant SOFTWARE SERVICE OR SUPPORT SERVICES (IF ANY). YOU UNDERSTAND THAT DGAssistant USES AFFILIATES, THIRD- PARTY VENDORS AND HOSTING PARTNERS TO PROVIDE THE NECESSARY HARDWARE, SOFTWARE, NETWORKING, AND RELATED TECHNOLOGY REQUIRED TO RUN THE DGAssistant SOFTWARE SERVICE. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, DGAssistant DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS, STATUTORY, AND IMPLIED, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS OR WARRANTIES OF ANY KINDTITLE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR PURPOSE, AND NON-INFRINGEMENT. XXXXXXX MAKES NO WARRANTY , AVAILABILITY, ERROR-FREE OR REPRESENTATION REGARDING QUIVERS’ SERVICESUNINTERRUPTED OPERATION, AND ANY INFORMATIONWARRANTIES ARISING FROM A COURSE OF DEALING, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICESCOURSE OF PERFORMANCE, OR USAGE OF TRADE. TO THE EXTENT THAT QUIVERS SERVICES WILL MEET DGAssistant MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT SUCH WARRANTY WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYMINIMUM PERMITTED UNDER APPLICABLE LAW.

Appears in 2 contracts

Samples: General Terms, www.dgassistant.com

Warranty Disclaimer. THE LIMITED WARRANTY SET FORTH IN SECTION 6 IS THE ONLY WARRANTY PROVIDED BY RETROSPECT AND DOES NOT APPLY IF YOU ARE PURCHASING A TRIAL LICENSE. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR IN FOR THE SLAFOREGOING, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION SOFTWARE AND ANY CONTENT CONTAINED THEREON, SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS RETROSPECT MAKES NO WARRANTY OF ANY KIND WITH REGARD TO THE SOFTWARE OR ANY SERVICES PROVIDED BY RETROSPECT HEREUNDER. RETROSPECT EXPRESSLY DISCLAIMS ALL ANY OTHER WARRANTIES OF ANY KINDWARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION LIMITATION, ANY WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENTNONINFRINGEMENT. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICESFURTHER, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX RETROSPECT DOES NOT WARRANT RESULTS OF USE OR GUARANTEE THAT CLIENT THE SOFTWARE IS BUG FREE OR THAT ITS USE WILL BE ABLE UNINTERRUPTED. RETROSPECT AND ITS LICENSORS DO NOT AND CANNOT WARRANT THE RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMESYOU. CLIENT UNDERSTANDS THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND YOU MAY ALSO HAVE OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY RIGHTS WHICH VARY FROM JURISDICTION TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYJURISDICTION.

Appears in 2 contracts

Samples: User License Agreement, End User License Agreement

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION 15 OR IN 11.1, THE SLASOFTWARE, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICESDOCUMENTATION, QUIVERS SOLUTION AND QUIVERS SITEDISKETTES, CD-ROM, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, OTHER MEDIA ARE PROVIDED ON AN “AS IS” BASIS. MKS SPECIFICALLY DISCLAIMS AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS EXCLUDES ALL OTHER WARRANTIES OF ANY KINDOR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION BUT NOT LIMITED TO CONFORMITY TO ANY WARRANTY OF REPRESENTATION OR DESCRIPTION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR PURPOSE, TITLE, NON-INFRINGEMENTINFRINGEMENT OR ANY CONDITIONS OF QUALITY OR ANY WARRANTIES ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR FITNESS FOR ULTRAHAZARDOUS ACTIVITIES. XXXXXXX MKS MAKES NO WARRANTY WHATSOEVER, EXPRESS OR REPRESENTATION REGARDING QUIVERSIMPLIED, WITH RESPECT TO THE DOCUMENTATION, MAINTENANCE SERVICES AND THIRD PARTY SOFTWARE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. IN PARTICULAR, MKS SHALL NOT HAVE ANY RESPONSIBILITY WHATSOEVER FOR ANY PORTIONS OF THE SOFTWARE WHICH HAVE BEEN MODIFIED BY YOU OR ON YOUR BEHALF WITHOUT MKSSERVICESPRIOR WRITTEN CONSENT. YOU ARE RESPONSIBLE FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS, ANY INFORMATIONAND FOR THE INSTALLATION, MATERIALS, PRODUCTS OR SERVICES USE AND RESULTS OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTSTHE SOFTWARE. XXXXXXX MKS DOES NOT WARRANT THAT THE SOFTWARE SHALL MEET YOUR REQUIREMENTS OR GUARANTEE THAT CLIENT WILL ITS OPERATION SHALL BE ABLE UNINTERRUPTED OR ERROR FREE, NOR THAT SOFTWARE ERRORS OR DEFECTS SHALL BE CORRECTED. YOU MAY HAVE CERTAIN STATUTORY RIGHTS TO ACCESS WHICH THESE EXCLUSIONS DO NOT APPLY; HOWEVER, TO THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE FULL EXTENT PERMITTED BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDSLAW, THE MANNER DURATION OF ACCEPTING CREDIT CARDSTATUTORILY REQUIRED WARRANTIES, DEBIT CARDIF ANY, OR ANY OTHER FORMS OF PAYMENT ONLINESHALL BE LIMITED TO THE WARRANTY PERIOD SET FORTH IN SECTION 11.1. MOREOVER, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION IN NO EVENT SHALL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO DEALER, AGENT OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH EMPLOYEE OF MKS IS AUTHORIZED TO MAKE ANY SUCH LEGALMODIFICATIONS, REGULATORY, EXTENSIONS OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYADDITIONS TO THIS LIMITED WARRANTY.

Appears in 2 contracts

Samples: Software License Agreement, Software License Agreement

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS SECTION 15 AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATION OR IN THE SLA, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND EXTENDS ANY CONTENT CONTAINED THEREON, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION TO THE OTHER PARTY WITH RESPECT TO ANY WARRANTY TECHNOLOGY, LICENSED PRODUCT, GOODS, SERVICES, RIGHTS OR OTHER SUBJECT MATTER OF THIS AGREEMENT AND HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AND NON-INFRINGEMENTINFRINGEMENT WITH RESPECT TO ANY AND ALL OF THE FOREGOING. XXXXXXX MAKES NO EACH PARTY HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE DEVELOPMENT, MANUFACTURE OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, COMMERCIALIZATION OF THE LICENSED PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, PURSUANT TO THIS AGREEMENT WILL BE SUCCESSFUL OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT PARTICULAR SALES LEVEL WITH RESPECT TO THE LICENSED PRODUCTS WILL BE ABLE ACHIEVED. CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO ACCESS AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 24b-2 OF THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES SECURITIES EXCHANGE ACT OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITY1934.

Appears in 2 contracts

Samples: License and Collaboration Agreement (Alnylam Pharmaceuticals, Inc.), License and Collaboration Agreement (Alnylam Pharmaceuticals, Inc.)

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED SET FORTH IN THIS SECTION 15 AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR IN THE SLA, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITH RESPECT TO ANY ITEMS OR SERVICES PROVIDED HEREUNDER, INCLUDING, WITHOUT LIMITATION LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENTARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, AND EACH PARTY HEREBY DISCLAIMS THE SAME. XXXXXXX MAKES NO WARRANTY NECS DOES NOT REPRESENT OR REPRESENTATION REGARDING QUIVERS’ SERVICESWARRANT THAT ANY SERVICES OR NECS PROPERTY WILL BE FREE OF ERRORS, ANY INFORMATION, MATERIALS, PRODUCTS DEFECTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICESINACCURACIES, OR THAT QUIVERS SERVICES THEY WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTSACCESSIBLE WITHOUT INTERRUPTION. XXXXXXX NECS DOES NOT WARRANT OR GUARANTEE THAT CLIENT ANY TECHNICAL ASSISTANCE WILL BE ABLE TO ACCESS RESULT IN A RESOLUTION OF THE QUIVERS SITE ISSUES FOR WHICH THE ASSISTANCE WAS PROVIDED. NECS DOES NOT WARRANT OR GUARANTEE THAT THE QUIVERS APPLICATION SERVICE APPLICATIONS AT WILL FUNCTION ON ALL TIMESCOMPUTERS. CLIENT LIKEWISE, NECS DOES NOT GUARANTEE THAT ANY WEB FORM PROVIDED AS PART OF THE APPLICATION SERVICE WILL FUNCTION ON ALL BROWSERS OR OPERATING SYSTEMS. FOR THE AVOIDANCE OF DOUBT, NOTWITHSTANDING SECTION 7.2, ANY SERVICES PROVIDED BY NECS IN BETA FORMAT ARE PROVIDED AS IS, WITHOUT ANY WARRANTIES EXPRESS OR IMPLIED, AND CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, ALL FUNCTIONS OF THE APPLICATION SERVICE MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE AVAILABLE AT THE TIME OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYBETA TEST.

Appears in 2 contracts

Samples: Software Terms of Service, Software Terms of Service

Warranty Disclaimer. Except as set expressly provided in Solodev's Agreement, Solodev is not liable for any delay or failure to perform its obligations under this Agreement, where the delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications, or third-party supplier failure). EXCEPT AS EXPRESSLY PROVIDED SET FORTH IN THIS SECTION 15 OR IN THE SLAAGREEMENT, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND NEITHER PARTY MAKES ANY CONTENT CONTAINED THEREON, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WARRANTY OF ANY KIND, EXPRESS OR WHETHER EXPRESS, IMPLIED, INCLUDING STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, AND CONDITIONS OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION LIMITATION, WARRANTIES RELATED TO ANY WARRANTY COURSE OF MERCHANTABILITYDEALING, USAGE OR TRADE PRACTICE, OR IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ THE SERVICES, ANY INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, MATERIALSCONTENT, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONSSERVICES MADE AVAILABLE BY SOLODEV OR ANY THIRD PARTY VENDORS ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS AND NEITHER SOLODEV, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ITS PARENT COMPANY, NOR THEIR AFFILIATES AND SUBSIDIARIES MAKE ANY REPRESENTATIONS OR WARRANTIES MADE REGARDING THE SERVICES. FREE SERVICES AND BETA SERVICES ARE PROVIDED “AS IS,” EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTSTHIRD-PARTY PROVIDERS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYDefects should be promptly reported via submitting electronic tickets to xxxx@xxxxxxx.xxx.

Appears in 2 contracts

Samples: d7umqicpi7263.cloudfront.net, d7umqicpi7263.cloudfront.net

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR IN THE SLA, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS' SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTSBRANDS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITY.. XXXXXXX MAKES NO REPRESENTATIONS THAT THE MATERIALS CONTAINED WITHIN THE QUIVERS SITE ARE APPROPRIATE FOR LOCATIONS OUTSIDE THE UNITED STATES. IF CLIENT USES THE QUIVERS SITE FROM LOCATIONS OUTSIDE THE UNITED STATES, CLIENT IS SOLELY RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LOCAL LAWS OF THE JURISDICTION FROM WHICH CLIENT ACCESS IT, INCLUDING WITHOUT LIMITATION THE EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES. ​

Appears in 1 contract

Samples: Quivers Master Services Agreement

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR IN THE SLA, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. XXXXXXX QUIVERS MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX QUIVERS DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITY. LIMITATION OF LIABILITY IN NO EVENT WILL QUIVERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION), WHETHER SUCH LIABILITY IS FORESEEABLE, EVEN IF QUIVERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT, EQUITY OR OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARISING OUT OF, OR RESULTING FROM, ANY SUBJECT MATTER OF THIS AGREEMENT. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, SUCH LIABILITY ARISING OUT OF, OR RESULTING FROM: (1) THE ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE QUIVERS SERVICES; (2) THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES; (3) THE ACQUISITION OF ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE QUIVERS SERVICES; (4) MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE QUIVERS SERVICES, INCLUDING WITHOUT LIMITATION THE UPLOADING OR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE QUIVERS SITE, INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS; OR (5) UNAUTHORIZED ACCESS TO OR ALTERATION OF USERS’ TRANSMISSIONS OR DATA. NOTWITHSTANDING THE FACT THAT QUIVERS OR OTHER PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE QUIVERS SITE MAY MONITOR OR REVIEW TRANSMISSIONS, POSTINGS, DISCUSSIONS, OR CHATS, QUIVERS AND ALL PARTIES INVOLVED IN CREATING, PRODUCING, DELIVERING OR OPERATING THE QUIVERS SITE, ASSUME NO RESPONSIBILITY OR LIABILITY WHICH MAY ARISE FROM THE CONTENT THEREOF, INCLUDING BUT NOT LIMITED TO CLAIMS FOR DEFAMATION, LIBEL, SLANDER, OBSCENITY, PORNOGRAPHY, PROFANITY, OR MISREPRESENTATION. QUIVERS’ LIABILITY TO CLIENT ARISING OUT OF, OR RESULTING FROM, ANY SUBJECT MATTER OF THIS AGREEMENT, WHETHER BASED IN TORT, CONTRACT, STRICT PRODUCT LIABILITY OR EQUITABLE THEORIES, SHALL NOT EXCEED THE SUM OF ALL PAYMENTS MADE OR OWED BY CLIENT PURSUANT TO THIS AGREEMENT DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY. THE LIMITATIONS SPECIFIED HEREIN WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Appears in 1 contract

Samples: Quivers Master Services Agreement

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED FOR THE LIMITED WARRANTY IN THIS SECTION 15 OR IN 9.1, THE SLA, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ARE RAPTA OFFERING IS PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL ”. NEITHER RAPTA NOR ITS SUPPLIERS MAKE ANY OTHER WARRANTIES OF ANY KINDWARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY STATUTORY OR OTHERWISE, AND EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENTAND NONINFRINGEMENT. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX RAPTA DOES NOT WARRANT OR GUARANTEE THAT CLIENT CUSTOMER’S USE OF THE RAPTA OFFERING WILL BE ABLE SECURE, UNINTERRUPTED OR ERROR-FREE, NOR DOES RAPTA WARRANT THAT THE RESULTS FROM USE OF THE RAPTA OFFERING WILL BE ACCURATE OR RELIABLE. RAPTA DOES NOT WARRANT THAT RAPTA WILL REVIEW THE CUSTOMER DATA SUBMITTED TO ACCESS THE QUIVERS SITE RAPTA PLATFORM FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN THE QUIVERS SERVICE APPLICATIONS AT ALL TIMESCUSTOMER DATA WITHOUT LOSS OR CORRUPTION. CLIENT UNDERSTANDS AND ACKNOWLEDGES RAPTA SHALL NOT BE LIABLE FOR THE RESULTS OF ANY COMMUNICATIONS SENT OR ANY COMMUNICATIONS THAT INTERNET CONGESTION AND OUTAGESWERE FAILED TO BE SENT USING THE RAPTA OFFERING. RAPTA SHALL NOT BE LIABLE FOR DELAYS, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE QUIVERS SITE INTERNET AND ELECTRONIC COMMUNICATIONS, THIRD-PARTY PLATFORMS OR QUIVERS SERVICE APPLICATIONSOTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF RAPTA. RAPTA EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. CUSTOMER’S USE OF QUIVERS SERVICES THE RAPTA OFFERING WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS. CUSTOMER IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE ENSURING THAT CUSTOMER’S AND ITS USER’S USE OF QUIVERS SERVICESAND ACCESS TO THE RAPTA OFFERING IS IN ACCORDANCE WITH APPLICABLE LAW. QUIVERS PROVIDES RAPTA FURTHER MAKES NO COUNSEL WARRANTY IN CONNECTION WITH UPLOAD OR ADVICE REGARDING LEGALDOWNLOAD OF “SENSITIVE DATA TYPES”, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITY.DEFINED AS DATA PERTAINING TO

Appears in 1 contract

Samples: rapta.ai

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN EXPLICITLY SET FORTH HEREIN, OPTIGO (WHICH FOR THE PURPOSES OF THIS SECTION 15 OR IN THE SLASUBSECTION INCLUDES ITS AFFILIATES, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICESAGENTS, QUIVERS SOLUTION AND QUIVERS SITEEMPLOYEES, DIRECTORS, OFFICERS, LICENSORS, AND SUPPLIERS) MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE INFORMATION SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, ACCURACY OR COMPLETENESS OF OPTIGO’S PRODUCT SUITE, DATA SYNCHED TO OR MADE AVAILABLE FROM THE SERVICE, OR THE CONSULTING SERVICES FOR ANY PURPOSE. TO THE EXTENT PERMITTED BY LAW, OPTIGO’S PRODUCT SUITE AND ANY CONTENT CONTAINED THEREON, CONSULTING SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY WITHOUT WARRANTY OR CONDITION OF ANY KIND. OPTIGO DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS WHETHER EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, WITH REGARD TO OPTIGO’S PRODUCT SUITE AND THE CONSULTING SERVICES, INCLUDING WITHOUT LIMITATION ANY WARRANTY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-PURPOSE, TITLE, FUNCTIONALITY, AND NON- INFRINGEMENT. XXXXXXX MAKES NO IF SUBSCRIBER HAS OTHER STATUTORY RIGHTS THAT MAY NOT BE OTHERWISE DISCLAIMED OR LIMITED HEREUNDER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPTIGO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR REPRESENTATION REGARDING QUIVERS’ SERVICESCOMPLETENESS OF OPTIGO’S PRODUCT SUITE, OR ANY INFORMATIONCONTENT THEREIN OR GENERATED THEREWITH, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS OF THE CONSULTING SERVICES, OR THAT QUIVERS THAT: (A) THE USE OF OPTIGO’S PRODUCT SUITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (B) OPTIGO’S PRODUCT SUITE WILL OPERATE IN COMBINATION WITH ANY THIRD PARTY PRODUCTS; (C) OPTIGO’S PRODUCT SUITE OR CONSULTING SERVICES WILL MEET SUBSCRIBER’S REQUIREMENTS OR EXPECTATIONS); (D) ANY DATA, INCLUDING SUBSCRIBER DATA, STORED IN OPTIGO’S PRODUCT SUITE WILL BE ACCURATE OR RELIABLE OR THAT ANY SUCH STORED DATA WILL NOT BE LOST OR CORRUPTED; (E) ERRORS OR DEFECTS IN OPTIGO’S PRODUCT SUITE WILL BE IDENTIFIED OR CORRECTED; OR (F) OPTIGO’S PRODUCT SUITE IS FREE OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITY.

Appears in 1 contract

Samples: Optigo Visual Bacnet Terms and Conditions

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR IN THE SLA, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE.QUIVERS EXPRESSLY DISCLAIMS ALL OTHER BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR NON-INFRINGEMENT. XXXXXXX MAKES NO WARRANTY ADVICE OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALSWHETHER ORAL OR WRITTEN, PRODUCTS OBTAINED BY YOU FROM XXXXXXXXXXXXXXX.XX OR THROUGH THE SERVICES OBTAINED THROUGH QUIVERS SERVICESWILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, XXXXXXXXXXXXXXX.XX, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT QUIVERS THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT ANY CONTENT RESULTING FROM OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS DOWNLOADED OR OTHERWISE OBTAINED THROUGH, THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS THE SERVICES IS DOWNLOADED AND USED AT CLIENT’S SOLE YOUR OWN RISK. CLIENT , AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LIABILITY ARISING THEREFROM TO THE EXTENT NOT EXPRESSLY SET FORTH OTHERWISE HEREIN, INCLUDING ANY DAMAGE TO CLIENT RESULTING YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE SUCH DOWNLOAD OR YOUR USE OF QUIVERS THE SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGALFURTHER, TAXXXXXXXXXXXXXXXX.XX DOES NOT WARRANT, REGULATORYENDORSE, GUARANTEE, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND XXXXXXXXXXXXXXX.XX WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. FEDERAL LAW, SOME STATES, PROVINCES, AND OTHER FORMS JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF PAYMENT ONLINECERTAIN IMPLIED WARRANTIES, CURRENCY RULES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYAPPLICABLE LAW.

Appears in 1 contract

Samples: Terms of Service August

Warranty Disclaimer. TO THE GREATEST EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY PROVIDED FOR THE EXPRESS LIMITED WARRANTY SET OUT IN SECTION 8(a) OF THIS SECTION 15 OR IN AGREEMENT, THE SLA, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS HOSTING SERVICES, QUIVERS SOLUTION AND QUIVERS SITESOFTWARE, AND THE INFORMATION PROFESSIONAL SERVICES AND ANY CONTENT CONTAINED THEREON, OTHER PRODUCTS OR SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED TO CUSTOMER “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL THERE ARE NO OTHER WARRANTIES OF ANY KINDWARRANTIES, EXPRESS REPRESENTATIONS OR CONDITIONS, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THEM OR ANY WARRANTY OTHER PRODUCT, SERVICE OR MATERIAL PROVIDED HEREUNDER OR IN CONNECTION HEREWITH. S&S, ITS LICENSORS AND SUPPLIERS DISCLAIM ANY IMPLIED WARRANTIES OR CONDITIONS REGARDING SOFTWARE, THE HOSTING SERVICES, THE PROFESSIONAL SERVICES AND ANY OTHER PRODUCTS, SERVICES AND MATERIALS PROVIDED HEREUNDER OR IN CONNECTION HEREWITH, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE OR NON-NON- INFRINGEMENT. XXXXXXX MAKES NO WARRANTY CONTRACTOR DOES NOT REPRESENT OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS WARRANT THAT THE HOSTING SERVICES OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, THE SOFTWARE SHALL OPERATE ERROR FREE OR FREE FROM VIRUSES UNINTERRUPTED, SHALL MEET ALL OF CUSTOMER’S PARTICULAR REQUIREMENTS, THAT ALL ERRORS OR OTHER HARMFUL COMPONENTSDEFECTS IN THE HOSTING SERVICES OR SOFTWARE CAN BE FOUND OR CORRECTED. XXXXXXX WITHOUT LIMITING THE FOREGOING, S&S DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. MAKE ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON WHATSOEVER WITH REGARD TO PRODUCTS OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, THIRD PARTIES (INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDSTHIRD PARTY COMPONENTS, THE MANNER HARDWARE, THE OPERATION OF ACCEPTING CREDIT CARDTHE INTERNET, DEBIT CARD, CUSTOMER’S INTERNAL NETWORK OR CUSTOMER’S OTHER COMMUNICATION SERVICES) AND ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE FOREGOING OR THE APPROPRIATENESS OF CUSTOMER’S THIRD PARTY DATA MANAGEMENT SYSTEM (ANY OTHER FORMS SYSTEM THAT IS NOT COVERED UNDER THIS AGREEMENT) OR THE ACCURACY OF PAYMENT ONLINE, CURRENCY RULES DATA CONTAINED IN SUCH SYSTEM. NO AGREEMENTS VARYING OR EXTENDING ANY EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT SHALL BE BINDING ON EITHER PARTY UNLESS IN WRITING AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED SIGNED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYAN AUTHORIZED SIGNING OFFICER OF S&S AND CUSTOMER.

Appears in 1 contract

Samples: Hosting Service Agreement

Warranty Disclaimer. EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS EXPRESSLY PROVIDED IN THIS SECTION 15 BEING OFFERED BY Cross Sound Ferry Services, Inc., Cross Sound Ferry Services, Inc. DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR IN SERVICES ON THE SLAINTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, CLIENT UNDERSTANDS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. Cross Sound Ferry Services, Inc. HAS NO CONTROL OVER AND AGREES THAT ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE QUIVERS SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, QUIVERS SOLUTION PRODUCTS, AND QUIVERS SITEOTHER INFORMATION, AND THE INFORMATION QUALITY AND ANY CONTENT CONTAINED THEREON, MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET. ● 6. LIMITATION OF LIABILITY. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND" BASIS. Cross Sound Ferry Services, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR Inc. DOES NOT WARRANT THAT QUIVERS THE SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELYERROR-FREE, SECURE, ERROR FREE OR FREE FROM OF VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX Cross Sound Ferry Services, Inc. MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AND CUSTOMER WAIVES ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED BY OR THROUGH Cross Sound Ferry Services, Inc. DIRECTLY OR INDIRECTLY. YOU EXPRESSLY ACKNOWLEDGE THAT THERE ARE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN WIRELESS COMMUNICATIONS AND TECHNOLOGY AND Cross Sound Ferry Services, Inc. DOES NOT WARRANT MAKE ANY ASSURANCES OR GUARANTEE THAT CLIENT WARRANTIES RELATING TO SUCH RISKS. NO ADVICE OR INFORMATION GIVEN BY Cross Sound Ferry Services, Inc. OR ITS REPRESENTATIVES WILL BE ABLE TO ACCESS CREATE A WARRANTY. Cross Sound Ferry Services, Inc. AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE QUIVERS SITE SERVICES OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITYINTERNET, INCLUDING EMPLOYEES ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR REPRESENTATIVES OF QUIVERSCONSEQUENTIAL DAMAGES. IN ANY EVENT, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE Cross Sound Ferry Services, Inc.' CUMULATIVE LIABILITY TO ANY CUSTOMER FOR ANY DAMAGE AND ALL CLAIMS RELATING TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL THE SERVICES AND/OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON LICENSED PROGRAMS WILL NOT EXCEED THE PROVISION, OPERATION, OR USE TOTAL AMOUNT OF GIFT CARDS, SERVICE FEES PAID DURING A ONE YEAR PERIOD PRECEDING THE MANNER ACCRUAL OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYTHE CLAIM.

Appears in 1 contract

Samples: Please Read the Following

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR IN This Site is a beta site with functionality that will continually be refined. Testing is the only purpose behind using the Site and any interaction with the site is for purposes of analyzing user use patterns and gathering feedback and this is not intended as a commercial site in final form. While we try to maintain the timeliness, integrity and security of the Site, the Site may include inaccuracies, errors and materials that violate or conflict with these Terms. Additionally, third parties may make unauthorized alterations to the Site. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. Furthermore, PrescriberPoint will be sending beta updates for this Site and such beta updates are explicitly subject to these Terms. WE PROVIDE THE SLA, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ARE PROVIDED SITE ON AN “AS IS” AND “AS AVAILABLE.QUIVERS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KINDBASIS. WE MAKE NO GUARANTEE THAT THE SITE WILL REMAIN UPDATED, EXPRESS OR IMPLIEDCOMPLETE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICESCORRECT, OR SECURE OR THAT QUIVERS SERVICES ACCESS TO THE SITE WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECUREACCURATE, ERROR FREE FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT WE HAVE NO OBLIGATION TO CORRECT ANY BUGS, DEFECTS OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS ERRORS IN THE QUIVERS SITE OR TO OTHERWISE SUPPORT, DEVELOP OR MAINTAIN THE QUIVERS SERVICE APPLICATIONS SITE. YOU USE THE SITE, INCLUDING IN ITS BETA FORM, AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGESCONDITIONS, AS WELL AS MAINTENANCEWARRANTIES, DOWNTIME REPRESENTATIONS AND OTHER INTERRUPTIONSTERMS, WHICH MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY APPLY TO ACCESS THE SITE AND SITE DATA, WHETHER EXPRESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTSIMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD-PARTIES WITH RESPECT TO THE SITE AND ALL INFORMATION, AND CONTENT. NO INFORMATION OR ADVICE OBTAINED THROUGH THE SITE, OR AFFIRMATION BY US, BY WORDS OR ACTIONS, SHALL CONSTITUTE A WARRANTY. WE ALSO MAKE NO PROMISES OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, THAT THE CONTENT INCLUDED ON THE PROVISIONSITE IS ACCURATE, OPERATIONCOMPLETE, UP-TO-DATE, OR USE RELIABLE, AND IN NO EVENT WILL WE HAVE ANY LIABILITY TO YOU FOR LOSSES ARISING OUT OF GIFT CARDSYOUR RELIANCE ON THE SITE (INCLUDING ANY LOSS OF PROFIT, THE MANNER LOSS OF ACCEPTING CREDIT CARDBUSINESS, DEBIT CARDBUSINESS INTERRUPTION, PERSONAL INJURY/WRONGFUL DEATH, OR ANY OTHER FORMS LOSS OF PAYMENT ONLINEBUSINESS OPPORTUNITY). Because some states or jurisdictions do not allow the disclaimer of implied warranties, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYthe foregoing disclaimers may not apply to you.

Appears in 1 contract

Samples: Terms of Use

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS SECTION 15 OR IN AGREEMENT, TO THE SLA, CLIENT UNDERSTANDS MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (i) CHRONICLE DISCLAIMS ANY AND AGREES THAT ALL WARRANTIES WITH RESPECT TO THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AND NON-INFRINGEMENT. XXXXXXX MAKES NO WARRANTY INFRINGEMENT AND ANY WARRANTIES THAT COULD ARISE OUT OF COURSE OF DEALING OR REPRESENTATION REGARDING QUIVERS’ USAGE OF TRADE; (ii) CHRONICLE IS NOT RESPONSIBLE FOR CUSTOMER’S LACK OF COMPLIANCE WITH ANY PARTICULAR SECURITY STANDARDS AND SPECIFICATIONS APPLICABLE TO ANY NETWORK TELEMETRY THAT CUSTOMER MAY ELECT TO PROCESS THROUGH THE SERVICES; (iii) CHRONICLE SHALL NOT BE RESPONSIBLE, IN ANY MANNER WHATSOEVER, FOR ANY THIRD-PARTY HARDWARE, THIRD-PARTY OFFERINGS, ELECTIVE OFFERINGS OR OTHER TOOLS PROVIDED TO OR USED BY CUSTOMER IN CONNECTION WITH THE SERVICES, ANY INFORMATIONNOR FOR THE ACCURACY, MATERIALSRELIABILITY, PRODUCTS CONSISTENCY OR SERVICES OBTAINED AVAILABILITY OF THE ANALYTICS, INFORMATION OR DATA PROVIDED IN CONJUNCTION WITH, OR TO SUPPLEMENT, CUSTOMER’S REVIEW OF THE CST THROUGH QUIVERS THE SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY REGARDLESS OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX THE SOURCE; AND (iv) CHRONICLE DOES NOT WARRANT THAT ACCESS TO THE SERVICES OR GUARANTEE THAT CLIENT ACCESS TO CST BEING ANALYZED THROUGH THE SERVICES WILL BE ABLE TO ACCESS THE QUIVERS SITE UNINTERRUPTED OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYERROR-FREE.

Appears in 1 contract

Samples: Chronicle Agreement

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR IN TO THE SLAFULLEST EXTENT ALLOWED BY LAW, CLIENT UNDERSTANDS THE SERVICE AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, SITE ARE PROVIDED BY O’BRIEN MEDIA AND ITS LICENSORS “AS IS” AND “AS AVAILABLE.QUIVERS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND O’BRIEN MEDIA MAKES NO WARRANTY OF ANY KIND, EXPRESS WHETHER EXPRESS, IMPLIED, STATUTORY OR IMPLIEDOTHERWISE, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT. TO THE FULLEST EXTENT ALLOWED BY LAW, YOU ASSUME ALL RISK FOR YOUR USE OF THE SERVICE AND SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTY HARM CAUSED BY VIRUSES, WORKS, OR OTHER DAMAGING MATERIALS. IN NO EVENT DOES O’BRIEN MEDIA GUARANTEE ANY RESULTS, INCREASED TRAFFIC OR USER ENGAGEMENT FOR YOU. O’BRIEN MEDIA DOES NOT WARRANT THAT THE SERVICE OR SITE, OR ANY PORTION THEREOF, ARE ACCURATE, ERROR OR BUG FREE, THAT YOUR USE OF THE SERVICE OR SITE WILL BE UNINTERRUPTED, OR THAT THE SERVICE’S OR SITE’s OPERATION WILL NOT NEGATIVELY AFFECT OTHER SOFTWARE OR HARDWARE. THIS SECTION APPLIES TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. THE SERVICE IS OFFERED BY O’BRIEN MEDIA FROM ITS FACILITIES AND OPERATIONS IN THE UNITED KINGDOM AND UNITED STATES OF AMERICA. O’BRIEN MEDIA MAKES NO REPRESENTATIONS THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER COUNTRIES. THOSE WHO ACCESS OR USE THE SERVICE FROM JURISDICTIONS OUTSIDE THE UNITED KINGDOM OR UNITED STATES ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS. O’BRIEN MEDIA SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICESAND NON- INFRINGEMENT TO THE EXTENT PERMISSIBLE UNDER THE UK “SALE OF GOODS ACT”, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, 1979 (AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYAMENDED).

Appears in 1 contract

Samples: Website Analytics Service Agreement

Warranty Disclaimer. EXCEPT THE SOFTWARE IS PROVIDED ON AN “AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR IN THE SLA, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ARE PROVIDED AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR SHALL CREATE ANY ADDITIONAL LICENSOR WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF LICENSOR’S OBLIGATIONS HEREUNDER. LICENSOR MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH REGARD TO ANY WARRANTY HARDWARE, PRODUCTS, SOFTWARE, OR PROGRAMMING OBTAINED BY LICENSOR FROM THIRD PARTIES (COLLECTIVELY, THE “THIRD PARTY ITEMS”). LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE/NON-INFRINGEMENT, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE THIRD PARTY ITEMS. LICENSOR SHOULD CONSULT THE RESPECTIVE VENDORS/MANUFACTURERS OF THE THIRD PARTY ITEMS FOR WARRANTY AND PERFORMANCE INFORMATION. THE SOFTWARE MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT LICENSOR DOES NOT OPERATE OR NON-INFRINGEMENT. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICESCONTROL THE INTERNET AND THAT: (I) VIRUSES, ANY INFORMATIONWORMS, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICESTROJAN HORSES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTSOTHER UNDESIRABLE DATA OR SOFTWARE; OR (II) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR DATA, WEB SITES, COMPUTERS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTSNETWORKS. XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL LICENSOR SHALL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTSRESPONSIBLE FOR SUCH ACTIVITIES. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE SECURITY AND INTEGRITY OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES YOUR DATA AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYSYSTEMS.

Appears in 1 contract

Samples: End User License Agreement

Warranty Disclaimer. TO THE GREATEST EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY PROVIDED FOR THE EXPRESS LIMITED WARRANTY SET OUT IN THIS SECTION 15 OR IN 9(A), THE SLA, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITETHE SOFTWARE, AND THE INFORMATION SOFTWARE SERVICES, THE PROFESSIONAL SERVICES AND ANY CONTENT CONTAINED THEREON, OTHER PRODUCTS OR SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED TO CUSTOMER “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL THERE ARE NO OTHER WARRANTIES OF ANY KINDWARRANTIES, EXPRESS REPRESENTATIONS OR CONDITIONS, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THEM OR ANY WARRANTY OTHER PRODUCT, SERVICE OR MATERIAL PROVIDED HEREUNDER OR IN CONNECTION HEREWITH. CITYVIEW, ITS LICENSORS AND SUPPLIERS DISCLAIM ANY IMPLIED WARRANTIES OR CONDITIONS REGARDING THE SOFTWARE, THE SOFTWARE SERVICES, THE SERVICES, THE PROFESSIONAL SERVICES AND ANY OTHER PRODUCTS, SERVICES AND MATERIALS PROVIDED HEREUNDER OR IN CONNECTION HEREWITH, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE OR NON-INFRINGEMENT. XXXXXXX MAKES NO WARRANTY CITYVIEW DOES NOT REPRESENT OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS WARRANT THAT THE SERVICES OR THE SOFTWARE SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, SHALL OPERATE ERROR FREE OR FREE FROM VIRUSES UNINTERRUPTED, SHALL MEET ANY OR OTHER HARMFUL COMPONENTSALL OF CUSTOMER’S PARTICULAR REQUIREMENTS, THAT ALL ERRORS OR DEFECTS IN THE SERVICES OR SOFTWARE SERVICES CAN BE FOUND OR CORRECTED. XXXXXXX WITHOUT LIMITING THE FOREGOING, CITYVIEW DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. MAKE ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON WHATSOEVER WITH REGARD TO PRODUCTS OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, THIRD PARTIES (INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDSTHIRD PARTY COMPONENTS, THE MANNER HARDWARE, THE OPERATION OF ACCEPTING CREDIT CARDTHE INTERNET, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, NETWORK OR OTHER REQUIREMENTS COMMUNICATION SERVICES) AND ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE FOREGOING OR THE APPROPRIATENESS OF YOUR DATA MANAGEMENT SYSTEM OR THE ACCURACY OF DATA CONTAINED IN SUCH SYSTEM. NO AGREEMENTS VARYING OR EXTENDING ANY EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT SHALL BE BINDING ON EITHER PARTY UNLESS IN WRITING AND SIGNED BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYAN AUTHORIZED SIGNING OFFICER OF CITYVIEW.

Appears in 1 contract

Samples: Software Subscription Agreement

Warranty Disclaimer. CUSTOMER ACKNOWLEDGES THAT, EXCEPT AS PROVIDED HEREIN, THE SERVICE IS PROVIDED HEREUNDER WITH NO WARRANTY WHATSOEVER. CUSTOMER ACKNOWLEDGES AND AGREES THAT, WHILE CUSTOMS Info WILL REASONABLY ATTEMPT TO MAINTAIN THE SERVICE SO AS TO REFLECT CHANGES IN TAX LAWS AND REGULATIONS AND OTHERWISE CONTAIN CURRENT INFORMATION, CUSTOMS Info SHALL HAVE NO OBLIGATION TO DO SO AND NO LIABILITY TO CUSTOMER, ANY AUTHORIZED USER OR ANY THIRD PARTY FOR ANY FAILURE ON THE PART OF CUSTOMS Info TO DO SO. CUSTOMER ACKNOWLEDGES THAT ITS USE OF THE SERVICE IS AT ITS OWN RISK. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR IN HEREIN, THE SLA, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITESERVICE IS PROVIDED SOLELY ON AN “AS-IS” BASIS. CUSTOMS Info MAKES, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREONCUSTOMER RECEIVES, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS NO WARRANTIES, EXPRESS, IMPLIED, OR OTHERWISE. CUSTOMS Info EXPRESSLY DISCLAIMS ALL OTHER IMPLIED WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND/OR NON-INFRINGEMENTNONINFRINGEMENT AND ALL DUTIES AND OBLIGATIONS IMPLIED IN LAW. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX CUSTOMS Info DOES NOT WARRANT THAT THE SERVICE SHALL BE OPERABLE, SHALL PROPERLY STORE DATA, SHALL OPERATE UNINTERRUPTED OR GUARANTEE THAT CLIENT WILL ERROR FREE, SHALL BE ABLE TO ACCESS THE QUIVERS SITE SECURE, SHALL KEEP DATA CONFIDENTIAL, SHALL FUNCTION OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES OPERATE IN CONJUNCTION WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, PRODUCT OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYSHALL MEET CUSTOMER'S NEEDS.

Appears in 1 contract

Samples: www.descartes.com

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR IN THE SLACONTENT, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ACCESS TO THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL OTHER WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. WESTERN DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR NONERROR-INFRINGEMENTFREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT TRANSMISSION TO OR FROM THE WEBSITE AND ACCESS TO THE SITE WILL NOT BE INTERRUPTED, DISCONTINUED OR ERROR-FREE. XXXXXXX MAKES NO WARRANTY WESTERN DOES NOT WARRANT OR REPRESENTATION MAKE ANY REPRESENTATIONS REGARDING QUIVERS’ SERVICESTHE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. WESTERN EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, AVAILABILITY OF INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, FOUND ON THIRD-PARTY SITES THAT LINK TO OR THAT QUIVERS FROM THE WEBSITE. WESTERN CANNOT BE HELD RESPONSIBLE FOR THE MATERIAL CONTAINED ON THIRD PARTY SITES AND/OR RELATED SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX NOR DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. WESTERN MAKE ANY REPRESENTATIONS OR WARRANTIES MADE BY AS TO THE SECURITY OF ANY PERSON INFORMATION YOU MIGHT BE REQUESTED TO GIVE TO THIRD-PARTY SITES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTSCONDITIONS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDSTHEREFORE, THE MANNER OF ACCEPTING CREDIT CARDABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES ALL SUCH WARRANTIES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED CONDITIONS ARE EXCLUDED AND DISCLAIMED TO THE FULL EXTENT PERMITTED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYTHE LAW.

Appears in 1 contract

Samples: Website Terms of Use

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR IN THE SLACONTENT, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ACCESS TO THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL OTHER WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. ADALET DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR NON-INFRINGEMENTERROR‐FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT TRANSMISSION TO OR FROM THE WEBSITE AND ACCESS TO THE SITE WILL NOT BE INTERRUPTED, DISCONTINUED OR ERROR‐ FREE. XXXXXXX MAKES NO WARRANTY ADALET DOES NOT WARRANT OR REPRESENTATION MAKE ANY REPRESENTATIONS REGARDING QUIVERS’ SERVICESTHE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. ADALET EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, AVAILABILITY OF INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, FOUND ON THIRD‐PARTY SITES THAT LINK TO OR THAT QUIVERS FROM THE WEBSITE. ADALET CANNOT BE HELD RESPONSIBLE FOR THE MATERIAL CONTAINED ON THIRD PARTY SITES AND/OR RELATED SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX NOR DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ADALET MAKE ANY REPRESENTATIONS OR WARRANTIES MADE BY AS TO THE SECURITY OF ANY PERSON INFORMATION YOU MIGHT BE REQUESTED TO GIVE TO THIRD‐PARTY SITES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTSCONDITIONS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDSTHEREFORE, THE MANNER OF ACCEPTING CREDIT CARDABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES ALL SUCH WARRANTIES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED CONDITIONS ARE EXCLUDED AND DISCLAIMED TO THE FULL EXTENT PERMITTED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYTHE LAW.

Appears in 1 contract

Samples: Website Terms of Use

Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY, SELLER SELLS AND BUYER ACCEPTS ALL VEHICLES "AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR IN THE SLA, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITEIS", AND THE INFORMATION SELLER MAKES NO AND ANY CONTENT CONTAINED THEREON, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL CONDITIONS, GUARANTEES, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, WHETHER EXISTING BY COMMON LAW, STATUTE, OR OTHERWISE, REGARDING ANY VEHICLE (INCLUDING WITH RESPECT TO THE QUALITY, QUANTITY, FITNESS, MERCHANTABILITY, DURABILITY, OR SUITABILITY OF ANY VEHICLE), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. SELLER MAY MAKE DESIGN AND SPECIFICATION CHANGES TO FUTURE VEHICLES WITHOUT NOTICE OR OBLIGATION TO BUYER. NO ASSISTANCE, INFORMATION, OR SUGGESTION OR ANY OTHER WARRANTIES ORAL STATEMENT BY ANY AGENT OR EMPLOYEE OF SELLER REGARDING THE PURCHASE, USE, SELECTION, APPLICATION, TECHNICAL SPECIFICATIONS, OR SUITABILITY OF ANY VEHICLE WILL BE DEEMED TO BE A REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIEDAND BUYER MAY NOT RELY UPON ANY SUCH STATEMENT FOR ANY REASON. BUYER REPRESENTS AND WARRANTS TO SELLER THAT BUYER HAS RELIED EXCLUSIVELY UPON BUYER'S OWN KNOWLEDGE AND JUDGMENT REGARDING ALL VEHICLES, INCLUDING WITHOUT LIMITATION THE FITNESS OR SUITABILITY OF ANY WARRANTY VEHICLE FOR BUYER'S PARTICULAR, INTENDED, OR CONTEMPLATED USE OR PURPOSE. THE SOLE LIABILITY OF MERCHANTABILITY, FITNESS SELLER TO BUYER FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. XXXXXXX MAKES NO BREACH OF WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS REPAIR OR REPLACE ANY DEFECTIVE PART OR COMPONENT, WHICH DEFECTIVE PART OR COMPONENT BUYER RETURNS TO SELLER AND IS, IN SELLER'S SOLE DISCRETION, DEFECTIVE. THE QUIVERS SITE OPTION OF REPAIR OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT REPLACEMENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE F.O.B. SELLER'S PRINCIPAL PLACE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYBUSINESS.

Appears in 1 contract

Samples: www.extremedutyvehicles.com

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR Aruba warrants to you (and only you) that any media on which the Programs are recorded will be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date the Programs are delivered to you. If a defect in any such media should occur during this 90-day period, the media may be returned to Aruba (or if you received such Programs from a reseller, to such reseller) and Aruba or the reseller, as applicable, will replace the media without charge to you. Aruba shall have no responsibility to replace media if the failure of media results from accident, abuse or misuse of the media. ARUBA AND ITS SUPPLIERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SLA, CLIENT UNDERSTANDS AND AGREES PROGRAMS WILL MEET YOUR REQUIREMENTS OR THAT THE QUIVERS SERVICESOPERATION OF THE PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT FOR THE EXPRESS WARRANTY ABOVE, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, PROGRAMS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES TO YOU WITH NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION LIMITATION, ANY WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. LIMITATION OF LIABILITY YOUR EXCLUSIVE REMEDY AND THE ENTIRE LIABILITY OF ARUBA AND ITS SUPPLIERS RELATED TO THE PROGRAMS SHALL BE EXPRESSLY LIMITED TO REPLACEMENT OF MEDIA AS PROVIDED ABOVE. IN NO EVENT WILL ARUBA OR NON-INFRINGEMENT. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICESANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICESPRODUCTION, OR THAT QUIVERS SERVICES WILL MEET ANY DELIVERY OF CLIENT’S REQUIREMENTS, OR THE PROGRAMS BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE LIABLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL INDIRECT, INCIDENTAL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTSCONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION ON LIMITATION, LOST PROFITS OR LOST DATA, EVEN IF THEY HAVE BEEN ADVISED OF THE PROVISION, OPERATION, OR USE POSSIBILITY OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYDAMAGES.

Appears in 1 contract

Samples: Distribution Agreement (Aruba Networks, Inc.)

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR IN THE SLA, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, THEIR USE AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, RESULTS OF SUCH USE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE.QUIVERS EXPRESSLY DISCLAIMS ALL OTHER BASIS. XXXXXX MAKES NO GUARANTEES WITH RESPECT THERETO, AND DOES NOT GUARNATEE THAT ANY INVENTORY WILL BE AVAILABLE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, XXXXXX MAKES NO WARRANTIES (INCLUDING THE IMPLIED WARRANTIES OF ANY KINDMERCHANTABILITY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITYSATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR PURPOSE, AND NON-INFRINGEMENT. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES), ANY INFORMATIONGUARANTEES, MATERIALSREPRESENTATIONS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICESPROMISES, STATEMENTS, ESTIMATES, CONDITIONS, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTSOTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTSOTHERWISE EXCEPT AS EXPRESSLY SET FORTH HEREIN. XXXXXXX PAEDAE DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE CONVERSION RATES, PAY-UP RATES, RESPONSE RATES OR ABILITY TO ACCESS CONVERT THE QUIVERS SITE RESPONSES INTO SALES OR OTHER ACTIONS. PAEDAE DOES NOT WARRANT OR GUARANTEE THE QUIVERS SERVICE APPLICATIONS AT PROFILE OR DEMOGRAPHICS OF ANY END USER OR RESPONDENT. XXXXXX DOES NOT GUARANTEE TO MATCH COLORS, TEXT, PHOTO IMAGE OR SCREEN DESIGN. ALL TIMES. CLIENT UNDERSTANDS INSERTION ORDERS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENTCAMPAIGNS ARE CONTINGENT UPON XXXXXX’S ABILITY TO PROCURE NECESSARY ON-LINE ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONSAND INVENTORY. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITYXXXXXX WILL MAKE GOOD FAITH EFFORTS TO MEET SCHEDULED DELIVERY OF ADVERTISEMENTS AND ONLINE DATES, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH BUT MAKES NO GUARANTEE AND WILL HAVE NO EFFECT AND LIABILITY FOR ITS FAILURE TO MEET SAID DATES, NOR WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS IT HAVE ANY LIABLITY FOR THE CONTENT OF ANY ADVERTISEMENT OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE ANY SITES, APPES OR MEDIA ON WHICH THE ADVERTISEMENT APPEARS, NOR FOR ANY DAMAGE TO CLIENT RESULTING FROM INTERRUPTIONS IN THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYSERVICE.

Appears in 1 contract

Samples: Reseller Terms and Conditions

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR THE WARRANTIES IN THE SLAFIRST SENTENCE OF SECTION 6 (PROPRIETARY RIGHTS INDEMNIFICATION), CLIENT UNDERSTANDS IN SECTION 7 (WARRANTIES) AND AGREES THAT IN SECTION 4 (WARRANTIES) OF EXHIBIT A (PROFESSIONAL SERVICES) ARE THE QUIVERS SERVICES, QUIVERS SOLUTION SOLE AND QUIVERS SITEEXCLUSIVE WARRANTIES TO GE UNDER THIS AGREEMENT, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS IN LIEU OF ALL OTHER WARRANTIES OF ANY KINDWARRANTIES, EXPRESS WHETHER EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENTUSE, TITLE AND NONINFRINGEMENT. XXXXXXX MAKES GMI'S LICENSORS AND SUPPLIERS MAKE NO WARRANTY REPRESENTATIONS OR REPRESENTATION REGARDING QUIVERS’ SERVICESWARRANTIES, ANY INFORMATIONEXPRESS, MATERIALSSTATUTORY OR IMPLIED, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTSEXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT. XXXXXXX GMI DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE IN COMBINATIONS OTHER THAN AS SPECIFIED IN THE DOCUMENTATION OR GUARANTEE THAT CLIENT THE OPERATION OF THE SOFTWARE WILL BE ABLE UNINTERRUPTED OR ERROR-FREE. PRE-PRODUCTION RELEASES OF SOFTWARE ARE DISTRIBUTED "AS IS", HOWEVER, IF GE IS TO ACCESS RECEIVE A PRE-PRODUCTION RELEASE OF SOFTWARE IT SHALL BE NOTIFIED IN ADVANCE AS TO THE QUIVERS SITE OR STATUS OF THE QUIVERS SERVICE APPLICATIONS AT ALL TIMESSOFTWARE. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGESNEITHER THE SOFTWARE NOR THE GMI DELIVERABLES ARE INTENDED FOR USE DIRECTLY IN ANY NUCLEAR, AS WELL AS MAINTENANCEAVIATION, DOWNTIME AND OTHER INTERRUPTIONSMASS TRANSIT, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORYMEDICAL, OR OTHER REQUIREMENTSINHERENTLY DANGEROUS APPLICATION. GMI EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH USE. GE REPRESENTS AND WARRANTS THAT IT SHALL NOT DIRECTLY OR INDIRECTLY USE THE SOFTWARE OR THE GMI DELIVERABLES TO DEVELOP, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, TEST OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR DEPLOY ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY APPLICATIONS FOR SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYPURPOSES.

Appears in 1 contract

Samples: Software License and Services Agreement (General Magic Inc)

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED SET FORTH IN THIS SECTION 15 AGREEMENT, EACH OF NOVATION, VHA, UHC AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THE SLATHIS AGREEMENT, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ARE PROVIDED “SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER "AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY " SERVICE PROVIDER HEREBY DISCLAIMS ALL OTHER IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR NON-INFRINGEMENTCOURSE OF PERFORMANCE WITH REGARD TO THE SERVICES. XXXXXXX EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY WITH RESPECT TO ACCURACY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTSDATA. XXXXXXX SERVICE PROVIDER DOES NOT WARRANT OR GUARANTEE THAT CLIENT IT WILL BE ABLE TO ACCESS CORRECT ALL REPORTED DEFECTS IN THE QUIVERS SITE SERVICES OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT THE SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICESUNINTERRUPTED OR ERROR-FREE. QUIVERS EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO COUNSEL WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE -45- PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION SERVICES PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYTHIRD PARTIES.

Appears in 1 contract

Samples: Outsourcing Agreement (Vha Inc)

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS SECTION 15 PARAGRAPH 7.2, iPrint MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY SITES, PRODUCTS, SERVICES, TECHNOLOGY OR CONTENT PROVIDED HEREUNDER, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR ANY IMPLIED WARRANTIES ARISING OUT OF THE COURSE OF PERFORMANCE, DEALING OR TRADE USAGE. IN THE SLAADDITION, CLIENT UNDERSTANDS AND AGREES iPrint MAKES NO REPRESENTATION THAT THE QUIVERS OPERATION OR USE OF ANY SITES, PRODUCTS, SERVICES, QUIVERS SOLUTION AND QUIVERS SITETECHNOLOGY OR CONTENT PROVIDED HEREUNDER WILL COMPLY WITH APPLICABLE GOVERNMENT CODES OR LAW, OR WILL BE UNINTERRUPTED, ERROR FREE, OR SECURE, AND iPrint WILL NOT BE LIABLE FOR THE INFORMATION AND CONSEQUENCES OF ANY CONTENT CONTAINED THEREONINTERRUPTIONS, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL OTHER ERRORS, OR BREACHES OF SECURITY. iPrint MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KINDKIND WITH RESPECT TO ANY THIRD PARTY SOFTWARE, EXPRESS OR IMPLIEDTOOLS, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORYHARDWARE, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, MATERIALS OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, CONTENT WHICH MAY BE USED OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERSiPrint IN THE PERFORMANCE OF SERVICES HEREUNDER. COMPLIANCE WITH ANY SUCH LEGALWA ACKNOWLEDGES THAT iPrint HAS ENTERED INTO THIS AGREEMENT AND HAS SET ALL APPLICABLE COMPENSATION TERMS IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT AND THAT THE SAME FORM IS STRICTLY CLIENT’S RESPONSIBILITYTHE ESSENTIAL BASIS OF THE BARGAIN.

Appears in 1 contract

Samples: Development Agreement (Iprint Technologies Inc)

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN While the Society tries to keep information on this Website as accurate as possible, the Society disclaims any implied warranty or representation about its accuracy, completeness, or appropriateness for a particular purpose. Information on this site may be changed or updated without notice. Information may be out of date at any given time since the Society has no obligation to update information on this site. YOUR USE OF, AND RELIANCE ON, ANY INFORMATION OBTAINED FROM OR THROUGH THIS SECTION 15 OR IN THE SLAWEBSITE IS AT YOUR OWN RISK. ALL CONTENT, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS INCLUDING SOFTWARE, PRODUCTS, SERVICES, QUIVERS SOLUTION INFORMATION, TEXT AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT RELATED GRAPHICS CONTAINED THEREON, ARE WITHIN OR AVAILABLE THROUGH THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL OTHER BASIS. THE SOCIETY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY AS TO THE OPERATION OF MERCHANTABILITYTHIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SOCIETY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, REGARDING THE SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR NONTIMELINESS OF THE INFORMATION CONTAINED ON THIS SITE. WITHOUT LIMITATION, THE SOCIETY SPECIFICALLY DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-INFRINGEMENT. XXXXXXX FREE; (3) DEFECTS ON THIS SITE WILL BE CORRECTED; OR (4) THIS SITE OR THE SERVER THAT MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY IT AVAILABLE ARE FREE OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES WILL THE SOCIETY BE LIABLE FOR ANY DAMAGES, INCLUDING INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR GUARANTEE OTHER INDIRECT DAMAGES OR FOR LOST PROFITS OR LOSS OF USE DAMAGES THAT CLIENT WILL BE ABLE RESULT FROM THE USE OF, OR THE INABILITY TO ACCESS THE QUIVERS USE, THIS SITE OR THE QUIVERS SERVICE APPLICATIONS AT INFORMATION CONTAINED ON THIS SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL TIMES. CLIENT UNDERSTANDS DAMAGES, LOSSES AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGESCAUSES OF ACTION, AS WELL AS MAINTENANCEWHETHER IN CONTRACT, DOWNTIME AND OTHER INTERRUPTIONSTORT (INCLUDING, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS BUT NOT LIMITED TO, NEGLIGENCE) OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERSOTHERWISE, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING RESULT FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORYOF, OR OTHER REQUIREMENTSTHE INABILITY TO USE, INCLUDING WITHOUT LIMITATION THIS SITE OR THE INFORMATION CONTAINED ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYTHIS SITE EXCEED ONE U.S. DOLLAR.

Appears in 1 contract

Samples: Terms of Use Agreement

Warranty Disclaimer. EXCEPT BITGLASS MAKES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES, SOFTWARE OR OTHER CONTENT, MATERIALS OR INFORMATION PROVIDED OR MADE AVAILABLE IN CONNECTION WITH THIS AGREEMENT OTHER THAN AS EXPRESSLY PROVIDED SET FORTH IN THIS SECTION 15 OR IN 6.1 AND THE BITGLASS SLA, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY BITGLASS DISCLAIMS ALL OTHER IMPLIED WARRANTIES OF INCLUDING ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENTNONINFRINGEMENT OR IMPLIED WARRANTIES ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE. XXXXXXX MAKES WITHOUT LIMITING THE FOREGOING, BITGLASS PROVIDES NO WARRANTY THAT USE OF THE SERVICES OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES THE SITE WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE SECURE OR FREE FROM BUGS, VIRUSES OR ERROR (OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT THAN AS EXPRESSLY WARRANTED IN SECTION 6.1 ABOVE), THAT THE SERVICES OR GUARANTEE THAT CLIENT THE SITE, OR ANY FEATURES OR FUNCTIONALITY THEREOF, WILL BE ABLE TO ACCESS UNINTERRUPTED OR AVAILABLE WHEN NEEDED (OTHER THAN AS EXPRESSLY PROVIDED IN THE QUIVERS SITE BITGLASS SLA) OR THAT THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGESDATA, AS WELL AS MAINTENANCECONTENT, DOWNTIME COMMUNICATIONS AND OTHER INTERRUPTIONSINFORMATION CUSTOMER PROVIDES IN CONNECTION WITH ITS USE OF THE SERVICES AND THE SITE WILL BE SECURE, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY BACKED-UP OR PRESERVED. THE FOREGOING DISCLAIMERS AND LIMITATIONS SHALL APPLY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONSMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITYCUSTOMER ACKNOWLEDGES THAT, INCLUDING EMPLOYEES OR REPRESENTATIVES FOLLOWING THE TERMINATION OF QUIVERSTHIS AGREEMENT, THAT ARE INCONSISTENT HEREWITH BITGLASS WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OBLIGATION TO RETAIN OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR STORE ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGALDATA, TAXCONTENT, REGULATORY, COMMUNICATIONS OR OTHER REQUIREMENTSINFORMATION THAT CUSTOMER SUBMITS TO OR THROUGH THE SERVICES OR THE SITE. CUSTOMER IS ADVISED TO BACK UP AND STORE ANY DATA, INCLUDING WITHOUT LIMITATION ON THE PROVISIONCONTENT, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, COMMUNICATIONS OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYINFORMATION THAT IT SUBMITS TO OR USES WITH THE SERVICES AND THE SITE AND, SPECIFICALLY, TO BACKUP AND STORE SUCH DATA AND INFORMATION PRIOR TO THE TERMINATION OF THIS AGREEMENT.

Appears in 1 contract

Samples: 4361 Bitglass Subscription Agreement

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR IN Except for the limited warranty set forth herein, THE SLA, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, SERVICES ARE PROVIDED "AS IS" AND XXXXXXXX MAKES NO WARRANTY AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF TO THEIR USE OR PERFORMANCE. EXCEPT FOR ANY KINDWARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW, XXXXXXXX, ITS SUPPLIERS AND AUTHORIZED PARTNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, INCLUDING WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION ANY WARRANTY OF LIMITATION, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENTPURPOSE. XXXXXXX YOU ASSUME RESPONSIBILITY FOR SELECTING THE SERVICES TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE CONFIGURATION OF, USE OF, AND RESULTS OBTAINED FROM THE SERVICES. WITHOUT LIMITING THE FOREGOING PROVISIONS, XXXXXXXX MAKES NO WARRANTY THAT THE SERVICES WILL BE FREE FROM INTERRUPTIONS OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OTHER FAILURES OR THAT QUIVERS THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTSINTERRUPTION IN THE SERVICES CAN RESULT IN UNRECOVERABLE DATA LOSS. XXXXXXX XXXXXXXX DOES NOT WARRANT PERFORM BACKUPS OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMESIMPLEMENT FAULT TOLERANT CONFIGURATIONS ON YOUR BEHALF. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT YOU ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICESNEEDED BACKUP. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGALService levels are not in any way guaranteed by Xxxxxxxx, TAXand you agree to look solely to Provider regarding downtime and service interruptions not caused by the Software. The Services include online connection, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERSbut do not include set-­‐up or configuration of the Software. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYXxxxxxxx shall have no responsibility for your integration of the Services with other systems or any non-­‐Xxxxxxxx software.

Appears in 1 contract

Samples: Developer Agreement

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR IN AGREEMENT, THE SLASOFTWARE, CLIENT UNDERSTANDS SERVICES AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, SUPPORT SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY EXO MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING OR RELATING TO THE SUPPORT SERVICES, SERVICES, DELIVERABLES, WORK SOFTWARE, SOFTWARES, THE DOCUMENTATION OR ANY MATERIALS FURNISHED OR PROVIDED TO PARTNER UNDER THIS AGREEMENT. EXO DOES NOT WARRANT THAT THE SUPPORT SERVICES, SERVICES, DELIVERABLES, WORK SOFTWARE, SOFTWARES, THE DOCUMENTATION OR ANY MATERIALS FURNISHED OR PROVIDED TO PARTNER UNDER THIS AGREEMENT WILL OPERATE UNINTERRUPTED OR THAT THEY WILL BE FREE FROM DEFECTS OR THAT THE SOFTWARES ARE DESIGNED TO MEET PARTNER’S BUSINESS REQUIREMENTS. EXO HEREBY DISCLAIMS ALL OTHER WARRANTIES OF ANY KINDWARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY OF DATA, SYSTEM INTEGRATION, COURSE OF PERFORMANCE OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SUPPORT SERVICES, SERVICES, DELIVERABLES, WORK PRODUCT, SOFTWARES, THE DOCUMENTATION OR NON-INFRINGEMENTANY MATERIALS FURNISHED OR PROVIDED TO PARTNER UNDER THIS AGREEMENT. XXXXXXX PARTNER ACKNOWLEDGES THAT THE SOFTWARES ARE NOT INTENDED FOR USE IN CONNECTION WITH ANY HIGH RISK OR STRICT LIABILITY ACTIVITY (INCLUDING, WITHOUT LIMITATION, AIR OR SPACE TRAVEL, POWER PLANT OPERATION, OR LIFE SUPPORT OR EMERGENCY MEDICAL OPERATIONS) AND THAT EXO MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL SHALL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. LIABILITY IN CONNECTION WITH ANY USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE SOFTWARES IN SUCH SITUATIONS AND PARTNER EXPRESSLY WARRANTS IT SHALL NOT USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON PROVIDE THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SOFTWARES IN SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYCIRCUMSTANCES.

Appears in 1 contract

Samples: Exo Partner Agreement

Warranty Disclaimer. EXCEPT AS EXPRESSLY MERCHANT ACKNOWLEDGES THAT MAS HAS PROVIDED IN THIS SECTION 15 NO WARRANTIES, EITHER EXPRESS OR IN THE SLAIMPLIED, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICESWRITTEN OR ORAL, QUIVERS SOLUTION AND QUIVERS SITEINCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY SOFTWARE, SYSTEMS, AND THE INFORMATION EQUIPMENT UTILIZED FOR THIS EQUIPMENT AND ANY CONTENT CONTAINED THEREON, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS MAS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF SUCH WARRANTIES. FURTHER MERCHANT ACKNOWLEDGES THAT MAS HAS NO LIABILITY WITH RESPECT TO ANY KINDSOFTWARE, SYSTEMS, OR EQUIPMENT. MAS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITYREGARDING THE SERVICES IT PROVIDES HEREUNDER. SHOULD THERE BE ERRORS, FITNESS FOR A PARTICULAR PURPOSE OMISSIONS, INTERRUPTIONS OR NON-INFRINGEMENT. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT DELAYS RESULTING FROM MAS’ PERFORMANCE OR FAILURE TO PERFORM OF ANY KIND, MAS’ LIABILITY SHALL BE LIMITED TO CORRECTING SUCH ERRORS IF COMMERCIALLY REASONABLE OR SUPPLYING SUCH OMISSIONS IN THE WORK PRODUCT IN WHICH THEY HAVE OCCURRED. MERCHANT ACKNOWLEDGES AND ASSUMES ALL RISK ASSOCIATED WITH THE ACCEPTANCE OF CARDS AND THE USE OF QUIVERS SERVICESTHE SERVICES PROVIDED PURSUANT TO THIS AGREEMENT. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGALfrom this Agreement, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERSincluding all amounts due Merchant (including any rights 11. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITY.Limitation of Liability. NEITHER BPPR NOR MAS SHALL BE LIABLE to receive credits or payments hereunder);

Appears in 1 contract

Samples: Terms and Conditions

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION 15 OR IN 12.1, THE SLASOFTWARE, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICESDOCUMENTATION, QUIVERS SOLUTION AND QUIVERS SITEDISKETTES, CD-ROM, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, OTHER MEDIA ARE PROVIDED ON AN “AS IS” BASIS. MKS SPECIFICALLY DISCLAIMS AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS EXCLUDES ALL OTHER WARRANTIES OF ANY KINDOR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION BUT NOT LIMITED TO CONFORMITY TO ANY WARRANTY OF REPRESENTATION OR DESCRIPTION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR PURPOSE, TITLE, NON-INFRINGEMENTINFRINGEMENT OR ANY CONDITIONS OF QUALITY OR ANY WARRANTIES ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR FITNESS FOR ULTRAHAZARDOUS ACTIVITIES. XXXXXXX MKS MAKES NO WARRANTY WHATSOEVER, EXPRESS OR REPRESENTATION REGARDING QUIVERSIMPLIED, WITH RESPECT TO THE DOCUMENTATION, MAINTENANCE SERVICES AND THIRD PARTY SOFTWARE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. IN PARTICULAR, MKS SHALL NOT HAVE ANY RESPONSIBILITY WHATSOEVER FOR ANY PORTIONS OF THE SOFTWARE WHICH HAVE BEEN MODIFIED BY YOU OR ON YOUR BEHALF WITHOUT MKSSERVICESPRIOR WRITTEN CONSENT. YOU ARE RESPONSIBLE FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS, ANY INFORMATIONAND FOR THE INSTALLATION, MATERIALS, PRODUCTS OR SERVICES USE AND RESULTS OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTSTHE SOFTWARE. XXXXXXX MKS DOES NOT WARRANT THAT THE SOFTWARE SHALL MEET YOUR REQUIREMENTS OR GUARANTEE THAT CLIENT WILL ITS OPERATION SHALL BE ABLE UNINTERRUPTED OR ERROR FREE, NOR THAT SOFTWARE ERRORS OR DEFECTS SHALL BE CORRECTED. YOU MAY HAVE CERTAIN STATUTORY RIGHTS TO ACCESS WHICH THESE EXCLUSIONS DO NOT APPLY; HOWEVER, TO THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE FULL EXTENT PERMITTED BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDSLAW, THE MANNER DURATION OF ACCEPTING CREDIT CARDSTATUTORILY REQUIRED WARRANTIES, DEBIT CARDIF ANY, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITY.SHALL BE LIMITED TO THE WARRANTY PERIOD SET FORTH IN SECTION

Appears in 1 contract

Samples: Program License Agreement

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED SET FORTH IN THIS SECTION 15 OR IN AGREEMENT, THE SLA, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF NEITHER PARTY MAKES ANY KINDWARRANTY, EXPRESS OR IMPLIED, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. SCHOLASTIC SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING WITHOUT LIMITATION ANY BUT June 2012 v.15 NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR NON-INFRINGEMENT. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTSDELIVERABLES PROVIDED BY SCHOLASTIC HEREUNDER. XXXXXXX SCHOLASTIC DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS MAKE ANY REPRESENTATIONS REGARDING THE QUIVERS SITE USE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES RESULTS OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGALTHE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, TAXACCURACY, REGULATORYRELIABILITY, OR OTHER REQUIREMENTSOTHERWISE, INCLUDING WITHOUT LIMITATION ON INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE PROVISIONSYSTEM CONTENT. SCHOLASTIC EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, OPERATIONRESPONSIBILITY FOR, OR USE RELATIONSHIP OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH LEGALHYPERTEXT LINKS. NO ADVICE BY SCHOLASTIC OR A SCHOLASTIC- AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, REGULATORYSCHOLASTIC DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYERROR-FREE. FURTHER, Scholastic may use third party suppliers and providers who may assist in the provision of Services to Customer, and Scholastic shall not be held liable for damages to Customer resulting from actions of such third parties.

Appears in 1 contract

Samples: cdn.scholasticlearningzone.com

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR IN THE SLA, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ARE PROVIDED The Software is provided to you on an “AS IS” basis, without warranty of any kind from punQtum including, without limitation, a warranty of merchantability, fitness for a particular purpose and non-infringement. You may be entitled to warranties, conditions and terms that may not be excluded or limited by punQtum under law. EXCEPT FOR THOSE NON-EXCLUDABLE WARRANTIES, CONDITIONS AND TERMS, THE SOFTWARE, PUNQTUM AND THIRD PARTY ONLINE SERVICES ARE MADE AVAILABLE “AS AVAILABLEIS.” QUIVERS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KINDEXCEPT FOR THOSE NON- EXCLUDABLE WARRANTIES, CONDITIONS AND TERMS, PUNQTUM AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, GUARANTEES OR TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION ANY WARRANTY OF PERFORMANCE, RESULTS, SECURITY, NONINFRINGEMENT, MERCHANTABILITY, INTEGRATION, QUIET ENJOYMENT, SATISFACTORY QUALITY, AND FITNESS FOR A ANY PARTICULAR PURPOSE PURPOSE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME STATES. YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR NON-INFRINGEMENTDISCLAIMED. XXXXXXX MAKES PUNQTUM DOES NOT SEEK TO LIMIT YOUR WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW. These exclusions and limitations will apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. YOU ACKNOWLEDGE AND AGREE THAT: PUNQTUM HAS NO WARRANTY EXPRESS OR REPRESENTATION REGARDING QUIVERS’ SERVICES, IMPLIED OBLIGATION TO CONTINUE TO MAKE THE SOFTWARE OR ANY INFORMATION, MATERIALS, FEATURE THEREOF AVAILABLE NOR INTRODUCE ANY PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS COMPATIBLE WITH THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYSOFTWARE.

Appears in 1 contract

Samples: Licensing Agreement

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED FOR THE LIMITED WARRANTIES STATED ABOVE AND IN THIS CASES OF SECTION 15 OR IN 6.1A, THE SLA, CLIENT UNDERSTANDS SOLUTIONS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ALL RELATED SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS CUSTOMER’S USE OF THEM IS AT ITS OWN RISK. AVEPOINT DOES NOT MAKE, AND HEREBY SPECIFICALLY DISCLAIMS, AND CUSTOMER RELEASES AND WAIVES, ANY AND ALL OTHER WARRANTIES OF ANY KINDWARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE OR FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE, INCLUDING WITHOUT LIMITATION ANY WARRANTY BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NONNONINFRINGEMENT. AVEPOINT DOES NOT WARRANT THAT CUSTOMER’S USE OF THE SOLUTIONS WILL BE UNINTERRUPTED OR ERROR-INFRINGEMENT. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICESFREE, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, NOR DOES AVEPOINT WARRANT THAT IT WILL REVIEW CUSTOMER DATA FOR ACCURACY OR THAT QUIVERS SERVICES IT WILL PRESERVE OR MAINTAIN CUSTOMER DATA WITHOUT LOSS. AVEPOINT SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF AVEPOINT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AVEPOINT DOES NOT WARRANT THAT THE SOLUTIONS WILL MEET ANY OF CLIENTCUSTOMER’S REQUIREMENTS, WILL OPERATE IN ANY COMBINATION THAT MAY BE SELECTED FOR USE BY CUSTOMER OR BE UNINTERRUPTEDIN COMBINATION WITH OTHER THIRD-PARTY SOFTWARE BEYOND THE THIRD-PARTY SOFTWARE EXPRESSLY APPROVED AS COMPLIANT IN THE DOCUMENTATION. EXCEPT AS TO COMPATIBILITY OF THE LICENSED SOFTWARE AS DESCRIBED IN AVEPOINT’S DOCUMENTATION, TIMELYAVEPOINT MAKES NO WARRANTIES TO CUSTOMER WITH RESPECT TO CUSTOMER'S COMPUTER EQUIPMENT OR SYSTEM SOFTWARE OR ITS CAPACITY. FURTHERMORE, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX AVEPOINT DOES NOT WARRANT THAT ANY SOFTWARE ERRORS, DEFECTS, OR GUARANTEE THAT CLIENT INEFFICIENCIES WILL BE ABLE CORRECTED, NOR DOES AVEPOINT ASSUME ANY LIABILITY FOR FAILURE TO ACCESS CORRECT ANY SUCH ERROR, DEFECT OR INEFFICIENCY. AVEPOINT MAKES NO WARRANTY, AND CUSTOMER ASSUMES THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGESENTIRE RISK, AS WELL AS MAINTENANCETO THE INTEGRITY OF ANY DATA AND THE RESULTS, DOWNTIME AND OTHER INTERRUPTIONSCAPABILITIES, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY SUITABILITY, USE, NON-USE OR PERFORMANCE OF THE SOLUTIONS. IN NO EVENT SHALL AVEPOINT BE LIABLE TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE CUSTOMER FOR ANY DAMAGE TO CLIENT DAMAGES RESULTING FROM OR RELATED TO THE USE OF QUIVERS SERVICESTHE SOLUTIONS. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGALCUSTOMER MAY HAVE OTHER STATUTORY RIGHTS, TAXBUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, REGULATORYIF ANY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON SHALL BE LIMITED TO THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED SHORTEST PERIOD PERMITTED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYLAW.

Appears in 1 contract

Samples: Master Software Licence and Subscription Agreement

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR IN CONVERGENCE PROVIDES THE SLA, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION EQUIPMENT AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ARE PROVIDED SOFTWARE ON AN “AS IS” AND “AS AVAILABLE.QUIVERS EXPRESSLY BASIS WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND (EXCEPT FOR ANY THIRD PARTY MANUFACTURER WARRANTIES THAT MAY BE APPLICABLE TO EQUIPMENT PURCHASED BY CUSTOMER FROM CONVERGENCE), WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIEDIMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR AND NON-INFRINGEMENT. XXXXXXX CONVERGENCE MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS THE SERVICES WILL MEET ANY OF CLIENT’S CUSTOMER REQUIREMENTS, SPECIFICATIONS, EXPECTATIONS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE ERROR-FREE, THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, THAT THE SERVICES WILL OPERATE IN COMBINATION WITH CUSTOMER CONTENT, CUSTOMER APPLICATIONS, OR FREE FROM VIRUSES WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS OR OTHER HARMFUL COMPONENTSDATA NOT PROVIDED BY CONVERGENCE. XXXXXXX CUSTOMER ACKNOWLEDGES THAT CONVERGENCE DOES NOT WARRANT OR GUARANTEE CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT CLIENT WILL THE SERVICES MAY BE ABLE SUBJECT TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGESLIMITATIONS, AS WELL AS MAINTENANCE, DOWNTIME DELAYS AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM PROBLEMS INHERENT IN THE USE OF QUIVERS SERVICESSUCH COMMUNICATIONS FACILITIES. QUIVERS PROVIDES NO COUNSEL CONVERGENCE IS NOT RESPONSIBLE FOR MESSAGES OR ADVICE REGARDING LEGAL, TAX, REGULATORYINFORMATION LOST OR MISDIRECTED DUE TO INTERRUPTIONS OR FLUCTUATIONS IN THE SERVICES OR THE INTERNET IN GENERAL, OR OTHER REQUIREMENTSFOR ANY ISSUES RELATED TO THE PERFORMANCE, INCLUDING WITHOUT LIMITATION ON USE, OPERATION OR SECURITY OF THE PROVISIONSERVICES THAT ARISE FROM CUSTOMER’S USE, OPERATIONCUSTOMER CONTENT, CUSTOMER APPLICATIONS, OR USE THIRD PARTY CONTENT. CONVERGENCE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING THE RELIABILITY, ACCURACY, COMPLETENESS, CORRECTNESS OR USEFULNESS OF GIFT CARDSTHIRD PARTY CONTENT. TO THE EXTENT THAT CONVERGENCE CANNOT DISCLAIM ANY WARRANTIES IN CERTAIN JURISDICTIONS, THE MANNER SCOPE AND DURATION OF ACCEPTING CREDIT CARDSUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW. ALTHOUGH REASONABLE EFFORTS ARE MADE TO PROVIDE SECURITY FOR VOICEMAILS AND FAX TRANSMISSIONS, DEBIT CARD, CONVERGENCE MAKES NO GUARANTEES OR ANY OTHER FORMS WARRANTIES OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYSECURITY.

Appears in 1 contract

Samples: www.agreements.converge-tech.com

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SAAS SERVICES ARE PROVIDED ON AN “AS-IS” BASIS AND ZILLA DISCLAIMS ANY AND ALL WARRANTIES. XXXXX DOES NOT WARRANT THAT THE OPERATION OF THE SAAS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL SAAS SERVICES DEFECTS CAN BE CORRECTED. XXXXX DOES NOT WARRANT THAT THE RESULTS GENERATED BY THE SAAS SERVICES OR PROFESSIONAL SERVICES ARE ACCURATE OR WILL LEAD TO ANY PARTICULAR OUTCOME, AND XXXXX EXPRESSLY DISCLAIMS ALL LIABILITY WITH RESPECT TO SUCH RESULTS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS SECTION 15 AGREEMENT, NEITHER PARTY MAKES ANY ADDITIONAL REPRESENTATION OR IN THE SLA, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER. ALL OTHER EXPRESS OR IMPLIEDIMPLIED CONDITIONS, INCLUDING WITHOUT LIMITATION ANY WARRANTY REPRESENTATIONS AND WARRANTIES ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. EACH PARTY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT. XXXXXXX XXXXX MAKES NO WARRANTY WARRANTIES (EXPRESS OR REPRESENTATION REGARDING QUIVERS’ SERVICES, IMPLIED) WITH RESPECT TO ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYTHIRD-PARTY SOFTWARE.

Appears in 1 contract

Samples: Master Services Agreement

Warranty Disclaimer. EXCEPT AS EXPRESSLY THE SOFTWARE IS PROVIDED IN THIS SECTION 15 OR IN THE SLA, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ARE PROVIDED “TO YOU "AS IS" AND “AS AVAILABLE.” QUIVERS XXXXXXXXXX.XXX, ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIMS DISCLAIM ALL OTHER WARRANTIES OF ANY KINDAND CONDITIONS, EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-PURPOSE, AND NON- INFRINGEMENT. XXXXXXX MAKES NO WARRANTY ORAL OR REPRESENTATION REGARDING QUIVERS’ SERVICESWRITTEN INFORMATION OR ADVICE GIVEN BY XXXXXXXXXX.XXX, ANY INFORMATIONITS EMPLOYEES, MATERIALSDISTRIBUTORS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICESDEALERS, OR THAT QUIVERS SERVICES WILL MEET AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. LIMITATION OF CLIENT’S REQUIREMENTS, OR LIABILITY. IN NO EVENT SHALL XXXXXXXXXX.XXX BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE LIABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, YOU OR ANY OTHER FORMS THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF PAYMENT ONLINEOR RELATING TO THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SOFTWARE OR ANY DATA SUPPLIED THEREWITH, CURRENCY RULES AND REGULATIONSINCLUDING LOSS OF PROFITS, REVENUE, DATA, OR PRIVACY USE, WHETHER IN AN ACTION IN CONTRACT OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY TORT, WHETHER OR COLLECTED FROM ONLINE CUSTOMERSNOT XXXXXXXXXX.XXX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPLIANCE WITH ANY SUCH LEGALXXXXXXXXXXX.XXX TOTAL AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL IN NO EVENT EXCEED FIVE ($5.00) U.S. DOLLARS. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of any of the exclusive remedies provided for under this Agreement. In jurisdictions that do not allow the exclusion or limitation of liability for consequential, REGULATORYspecial or incidental damages, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYXxxxxxxxxx.Xxx’s liability under this Agreement shall be limited to the maximum extent permitted by applicable law.

Appears in 1 contract

Samples: visibility.biz

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR IN SECTION, THE SLA, CLIENT UNDERSTANDS SERVICE AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, PREMIUM SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE., QUIVERS EXPRESSLY DISCLAIMS “AS-IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TANIUM AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES WITH RESPECT TO THE SERVICE AND PREMIUM SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF ANY KINDNON-INFRINGEMENT, EXPRESS OR IMPLIEDTITLE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. TANIUM DOES NOT WARRANT THAT THE SERVICE OR NON-INFRINGEMENT. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS PREMIUM SERVICES WILL MEET ANY OF CLIENTCUSTOMER’S REQUIREMENTS, OR WILL CAUSE CUSTOMER TO BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE COMPLIANT WITH APPLICABLE LAW; THAT CUSTOMER’S USE OF THE SERVICE OR FREE FROM VIRUSES PREMIUM SERVICES WILL SATISFY ANY STATUTORY OR OTHER HARMFUL COMPONENTSREGULATORY OBLIGATIONS; THAT THE OPERATION OF THE SERVICE OR PREMIUM SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; OR THAT ERRORS OR DEFECTS IN THE SERVICE OR PREMIUM SERVICES WILL BE CORRECTED. XXXXXXX TANIUM DOES NOT WARRANT MAKE ANY REPRESENTATION OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS WARRANTY REGARDING THE QUIVERS SITE PERFORMANCE OR RESULTS OF THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS PREMIUM SERVICES. QUIVERS PROVIDES NO COUNSEL TANIUM DOES NOT PROVIDE WARRANTIES WITH RESPECT TO ANY THIRD-PARTY OR ADVICE REGARDING LEGALNON-GA PRODUCTS, TAXSCRIPTS, REGULATORYCONTENT, OR OTHER REQUIREMENTSTECHNOLOGIES. NO ORAL OR WRITTEN INFORMATION OR ADVICE, INCLUDING WITHOUT LIMITATION ON THE PROVISIONINCLUDING, OPERATIONBUT NOT LIMITED TO, SUGGESTIONS, ROUTINES, SCRIPTS OR USE OF GIFT CARDSQUERIES, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY TANIUM SHALL CREATE ANY ADDITIONAL TANIUM WARRANTIES OR COLLECTED FROM ONLINE CUSTOMERSIN ANY WAY INCREASE THE SCOPE OF WARRANTIES OR TANIUM’S LIABILITY OR OBLIGATIONS UNDER THIS AGREEMENT. COMPLIANCE TANIUM HAS NO RESPONSIBILITY OR LIABILITY FOR ANY THIRD-PARTY PRODUCTS OR TECHNOLOGIES USED BY CUSTOMER WHETHER INDEPENDENTLY OR IN CONJUNCTION WITH ANY SUCH LEGALTHE SERVICE OR PREMIUM SERVICES. If applicable law affords Customer implied warranties, REGULATORYguarantees or conditions despite these exclusions, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYthose warranties will be limited to one (1) year from the Effective Date and Customer’s remedies will be limited to the maximum extent allowed by Sections 7 (Limited Warranty; Disclaimer; Integrations with Third-Party Software and Services) and 9 (Limitation of Liability).

Appears in 1 contract

Samples: Subscription Agreement

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED STATED IN THIS SECTION 15 THESE TERMS AND CONDITIONS, THE COMPANY MAKES NO EXPRESS, IMPLIED OR IN THE SLA, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL OTHER STATUTORY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, (INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENTAPPLICATION) WITH RESPECT TO ANY GOODS OR SERVICES SOLD BY COMPANY. XXXXXXX MAKES COMPANY DISCLAIMS ALL WARRANTIES ARISING FROM ANY COURSE OF DEALING OR TRADE USAGE, AND ANY BUYER OF GOODS OR SERVICES FROM COMPANY ACKNOWLEDGES THAT THERE ARE NO WARRANTIES IMPLIED BY CUSTOM OR USAGE IN THE TRADES OF THE BUYER AND OF THE COMPANY, AND THAT PRIOR DEALINGS OF BUYER WITH THE COMPANY DO NOT IMPLY COMPANY WARRANTS THE GOODS OR SERVICES IN ANY WAY. ANY BUYER OF GOODS OR SERVICES FROM THE COMPANY AGREES WITH THE COMPANY THAT THE SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF ANY WARRANTY CONCERNING THE GOODS OR REPRESENTATION REGARDING QUIVERS’ SERVICES WHETHER BASED UPON CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR NEGLIGENCE, AND WHETHER FOR COMMERCIAL LOSS, PERSONAL INJURY OR OTHER MONETARY LOSS, SHALL BE AT COMPANY’S OPTION, TO REPAIR OR REPLACE THE GOODS OR SERVICES OR REFUND THE PURCHASE PRICE. THE COMPANY SHALL IN NO EVENT BE LIABLE FOR EXPENSE FOR REMOVAL, REINSTALLATION OR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES EVEN IF THE COMPANY FAILS IN ANY ATTEMPT TO REMEDY DEFECTS IN THE GOODS AND SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS BUT IN SUCH CASE THE BUYER SHALL BE ENTITLED TO NO MORE THAN A REFUND OF ALL MONIES PAID TO THE COMPANY BY THE BUYER FOR PURCHASE OF ALL GOODS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE CAUSE OF ACTION FOR BREACH OF ANY WARRANTY BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT THE COMPANY SHALL BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING BARRED UNLESS THE COMPANY RECEIVES FROM THE USE BUYER A WRITTEN NOTICE OF QUIVERS SERVICESTHE ALLEGED DEFECT OR BREACH WITHIN 20 DAYS FROM THE EARLIEST DATE ON WHICH THE BUYER COULD REASONABLY HAVE DISCOVERED THE ALLEGED DEFECT OR BREACH, AND NO ACTION FOR THE BREACH OF ANY WARRANTY SHALL BE COMMENCED BY THE BUYER LATER THAN TWELVE MONTHS FROM THE EARLIEST DATE ON WHICH THE BUYER COULD REASONABLY HAVE DISCOVERED THE ALLEGED DEFECT OR BREACH. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGALFor purposes of this paragraph, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITY“Goods” shall specifically include any and all parts thereof.

Appears in 1 contract

Samples: Terms and Conditions

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR IN FOR THE SLALIMITED WARRANTIES STATED ABOVE, CLIENT UNDERSTANDS THE SOLUTIONS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ALL RELATED SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS CUS- TOMER’S USE OF THEM IS AT ITS OWN RISK. AVEPOINT DOES NOT MAKE, AND HEREBY SPECIFICALLY DISCLAIMS, AND CUSTOMER RELEASES AND WAIVES, ANY AND ALL OTHER WARRANTIES OF ANY KINDWARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE OR FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE, INCLUDING WITHOUT LIMITATION ANY WARRANTY BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NONNONIN- FRINGEMENT. AVEPOINT DOES NOT WARRANT THAT CUS- TOMER’S USE OF THE SOLUTIONS WILL BE UNINTERRUPTED OR ERROR-INFRINGEMENT. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICESFREE, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, NOR DOES AVEPOINT WARRANT THAT IT WILL REVIEW CUSTOMER DATA FOR ACCURACY OR THAT QUIVERS SERVICES IT WILL PRESERVE OR MAINTAIN CUSTOMER DATA WITH- OUT LOSS. AVEPOINT SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF AVEPOINT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AVEPOINT DOES NOT WARRANT THAT THE SOLUTIONS WILL MEET ANY OF CLIENTCUS- TOMER’S REQUIREMENTS, WILL OPERATE IN ANY COMBI- NATION THAT MAY BE SELECTED FOR USE BY CUSTOMER OR BE UNINTERRUPTEDIN COMBINATION WITH OTHER THIRD-PARTY SOFT- WARE BEYOND THE THIRD-PARTY SOFTWARE EXPRESSLY APPROVED AS COMPLIANT IN THE DOCUMENTATION. EX- CEPT AS TO COMPATIBILITY OF THE LICENSED SOFTWARE AS DESCRIBED IN AVEPOINT’S DOCUMENTATION, TIMELYAVE- POINT MAKES NO WARRANTIES TO CUSTOMER WITH RE- SPECT TO CUSTOMER'S COMPUTER EQUIPMENT OR SYS- TEM SOFTWARE OR ITS CAPACITY. FURTHERMORE, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITY.6. 保証と免責

Appears in 1 contract

Samples: Master Software Licence and Subscription Agreement 本ソフトウェアライセンスおよびサブスクリプション契約

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR IN THE SLA, CLIENT UNDERSTANDS AND AGREES CUSTOMER ACKNOWLEDGES THAT THE QUIVERS CRED iQ SERVICES (INCLUDING BETA SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE.QUIVERS BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CRED iQ, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIMS ALL OTHER DISCLAIM ALL, AND MAKE NO, WARRANTIES OF ANY KINDKIND (WHETHER EXPRESS, EXPRESS STATUTORY, IMPLIED OR IMPLIEDOTHERWISE ARISING IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE) WITH RESPECT TO THE CRED iQ SERVICES, INCLUDING INCLUDING, WITHOUT LIMITATION ANY WARRANTY LIMITATION, THE CONDITIONS OR WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR PURPOSE, NON-INFRINGEMENT. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR LOSS OF DATA. CRED iQ FURTHER EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF OR RELATING TO ANY THIRD-PARTY SITES LINKED TO FROM THE CRED iQ SERVICES. CRED iQ DOES NOT WARRANT THAT QUIVERS THE FUNCTIONS CONTAINED IN THE CRED iQ SERVICES WILL MEET ANY CUSTOMER’S REQUIREMENTS OR THAT THE OPERATION OF CLIENT’S REQUIREMENTS, THE CRED iQ SERVICE WILL BE UNINTERRUPTED OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR ERROR-FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT DEFECTS WILL BE ABLE TO ACCESS CORRECTED. CRED iQ NEITHER ENDORSES THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. CONTENTS OF ANY REPRESENTATIONS OR WARRANTIES MADE BY CUSTOMER DATA NOR ASSUMES ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE RESPONSIBILITY FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE INFRINGEMENT OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, THIRD PARTY RIGHTS ARISING THEREFROM OR ANY OTHER FORMS OF PAYMENT ONLINECRIME FACILITATED THEREBY. EXCEPT AS OTHERWISE AGREED TO BY CRED iQ, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE CRED iQ IS NOT OBLIGATED TO PROVIDE CUSTOMER WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYUPDATES TO THE CRED iQ SERVICES BUT MAY ELECT TO DO SO IN ITS SOLE DISCRETION.

Appears in 1 contract

Samples: Master Subscriber Agreement

Warranty Disclaimer. EXCEPT AS EXPRESSLY LICENSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE LICENSED TECHNOLOGY, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ALL LICENSED TECHNOLOGY PROVIDED IN THIS SECTION 15 OR IN THE SLA, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ARE PROVIDED HEREUNDER IS “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. XXXXXXX LICENSOR MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICESTHAT THE LICENSED TECHNOLOGY IS FREE FROM CLAIMS OF INFRINGEMENT OF PATENTS, ANY INFORMATIONCOPYRIGHTS, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICESTRADE SECRETS, OR THAT QUIVERS SERVICES WILL MEET OTHER PROPRIETARY RIGHTS OF OTHERS. THERE ARE NO WARRANTIES, EITHER EXPRESS OR IMPLIED AND ANY OF CLIENT’S REQUIREMENTSAND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED AND NEGATED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS EMPLOYEES SHALL CREATE OR MAKE ANY MODIFICATION, EXTENSION OR ADDITION TO THIS WARRANTY. IN NO EVENT WHATSOEVER SHALL LICENSOR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE LIABLE TO THE LICENSEE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE THIRD PARTIES FOR ANY DAMAGE TO CLIENT RESULTING FROM DAMAGES CAUSED, IN WHOLE OR IN PART, BY THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL THE LICENSED TECHNOLOGY OR ADVICE REGARDING LEGALFOR ANY LOST REVENUES, TAXLOST PROFITS, REGULATORY, LOST SAVINGS OR OTHER REQUIREMENTSDIRECT OR INDIRECT, INCLUDING WITHOUT LIMITATION ON THE PROVISIONINCIDENTIAL, OPERATION, SPECIAL OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, CONSEQUENTIAL DAMAGES INCURRED BY LICENSEE OR ANY OTHER FORMS THIRD PARTY, EVEN IF LICENSOR IS ADVISED OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, THE POSSIBILITY OF SUCH DAMAGES OR PRIVACY CLAIMS. LICENSOR’S LIABILITY ARISING FROM OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH RELATED TO THIS AGREEMENT SHALL NOT UNDER ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYCIRCUMSTANCES EXCEED AN AMOUNT EQUAL TO THE LICENSE FEES PAID UNDER SECTION 6 ABOVE.

Appears in 1 contract

Samples: License Agreement (Rego Payment Architectures, Inc.)

Warranty Disclaimer. THE SITE AND ALL SERVICES ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. XXXXXX XXXXXX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. LENDER DOES NOT GUARANTEE THAT THE SITE OR ANY SERVICE ON THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE AND SERVICES MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. THE BORROWER AGREES THAT THE LENDER WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO THE BORROWER OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF THE LENDER'S OR OTHER SERVERS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR STATED IN THE SLALENDER'S PRIVACY POLICY, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICESLENDER DOES NOT MAKE ANY REPRESENTATIONS, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION AS TO THE SECURITY OF ANY WARRANTY INFORMATION THE BORROWER MAY PROVIDE OR ACTIVITIES THE BORROWER ENGAGES IN DURING THE COURSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. BORROWER'S USE OF QUIVERS THE SITE AND ANY SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, SITE. THE LENDER IS NOT ACTING AS A BUSINESS ASSOCIATE OR USE OF GIFT CARDS, SUBCONTRACTOR (AS SUCH TERMS ARE DEFINED AND USED IN HIPAA) AND THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION SERVICES PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERSTHE LENDER ARE NOT HIPAA COMPLIANT. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYTHE LENDER HAS NO LIABILITY UNDER THIS AGREEMENT FOR SENSITIVE DATA.

Appears in 1 contract

Samples: Master Revolving Credit Agreement (Cannabis Bioscience International Holdings, Inc.)

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR IN TO THE SLAMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLIENT UNDERSTANDS THE SERVICES AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ARE PROVIDED "AS IS" AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ”, WITH ALL OTHER WARRANTIES FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR AND RAN GROUP AND THE DISTRIBUTION CHANNELS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT THERETO, EITHER EXPRESS, IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD- PARTY RIGHTS, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, OF ACCURACY, OF QUIET ENJOYMENT, OF AVAILABILITY AND AS TO SUBJECT MATTER OF CONTENT. RAN GROUP DOES NOT WARRANT: (1) THAT THE SERVICES’ FUNCTIONS OR NON-INFRINGEMENT. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ ANY SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS CONTENT OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES THIRD PARTY PROPERTIES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE UNINTERRUPTED OR FREE FROM OF ERRORS OR OMISSIONS; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE SERVICES OR THE SERVERS HOSTING CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTSCODE; OR (4) THAT THE SERVICES, CONTENT OR THIRD PARTY PROPERTIES AVAILABLE THROUGH THE SERVICES WILL CONTINUE TO BE AVAILABLE. XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL RAN GROUP SHALL HAVE NO EFFECT LIABILITY FOR ANY SUCH ISSUES. YOUR ACCESS TO AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS THE SERVICES AND CONTENT IS AT CLIENT’S SOLE YOUR OWN RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR IF YOU ARE DISSATISFIED WITH THE SERVICES OR ANY DAMAGE OF THE SERVICES OR CONTENT AVAILABLE THROUGH THE WEBSITE OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CLIENT RESULTING FROM DISCONTINUE ACCESSING AND USING THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL TO THE EXTENT PERMITTED BY LAW THE EXCLUSION OR ADVICE REGARDING LEGAL, TAX, REGULATORYLIMITATION OF CERTAIN WARRANTIES, OR OTHER REQUIREMENTSSOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. The Distribution Channel will not be responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, INCLUDING WITHOUT LIMITATION ON THE PROVISIONincluding: (i) product liability claims; (ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. If you have any questions on those issues, OPERATIONyou should contact us at the address below. The Distribution Channel will also not be responsible for investigation, OR USE OF GIFT CARDSdefense, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYsettlement and discharge of any third party intellectual property infringement claim.

Appears in 1 contract

Samples: User License Agreement

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Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR IN THE SLASET FORTH ABOVE, CLIENT UNDERSTANDS CASE COMMONS DISCLAIMS ANY AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KINDWARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NONINFRINGEMENT, QUIET ENJOYMENT AND WARRANTIES ARISING OUT OF COURSE OF DEALING OR NON-INFRINGEMENTUSAGE OF TRADE. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGESYOU AGREE THAT, AS WELL AS MAINTENANCEBETWEEN YOU AND CASE COMMONS, DOWNTIME YOU ARE RESPONSIBLE FOR THE ACCURACY AND OTHER INTERRUPTIONSQUALITY OF YOUR DATA INPUT INTO ANY SOFTWARE. FURTHERMORE, MAY INTERFERE AT TIMES THE WARRANTIES SET FORTH ABOVE SHALL NOT APPLY TO: (A) ANY THIRD PARTY SOFTWARE OR HARDWARE, WHETHER OR NOT SUCH THIRD PARTY SOFTWARE OR HARDWARE IS PROVIDED BY CASE COMMONS; (B) ANY SOFTWARE THAT HAS BEEN MODIFIED, REPAIRED OR ALTERED, EXCEPT BY CASE COMMONS; (C) ANY SOFTWARE WHICH HAS NOT BEEN MAINTAINED IN ACCORDANCE WITH CLIENT’S ABILITY ANY HANDLING OR OPERATING INSTRUCTIONS SUPPLIED BY CASE COMMONS; OR (D) ANY SOFTWARE THAT HAS BEEN SUBJECTED TO ACCESS UNUSUAL PHYSICAL OR USE THE QUIVERS SITE ELECTRICAL STRESS, MISUSES, ABUSE, NEGLIGENCE OR QUIVERS SERVICE APPLICATIONSACCIDENTS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL VENDOR SHALL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE SOFTWARE, FIRMWARE, INFORMATION OR MEMORY DATA OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGALEND USER CONTAINED IN, TAX, REGULATORYSTORED ON, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE INTEGRATED WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYSOFTWARE RETURNED TO CASE COMMONS PURSUANT TO ANY WARRANTY UNDER THIS AGREEMENT.

Appears in 1 contract

Samples: End User License Agreement

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR IN THE SLA, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. XXXXXXX QUIVERS MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX QUIVERS DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTSBRANDS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITY. QUIVERS MAKES NO REPRESENTATIONS THAT THE MATERIALS CONTAINED WITHIN THE QUIVERS SITE ARE APPROPRIATE FOR LOCATIONS OUTSIDE THE UNITED STATES. IF CLIENT USES THE QUIVERS SITE FROM LOCATIONS OUTSIDE THE UNITED STATES, CLIENT IS SOLELY RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LOCAL LAWS OF THE JURISDICTION FROM WHICH CLIENT ACCESS IT, INCLUDING WITHOUT LIMITATION THE EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES. LIMITATION OF LIABILITY IN NO EVENT WILL QUIVERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION), WHETHER SUCH LIABILITY IS FORESEEABLE, EVEN IF QUIVERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT, EQUITY OR OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARISING OUT OF, OR RESULTING FROM, ANY SUBJECT MATTER OF THIS AGREEMENT. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, SUCH LIABILITY ARISING OUT OF, OR RESULTING FROM: (1) THE ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE QUIVERS SERVICES; (2) THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES; (3) THE ACQUISITION OF ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE QUIVERS SERVICES; (4) MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE QUIVERS SERVICES, INCLUDING WITHOUT LIMITATION THE UPLOADING OR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE QUIVERS SITE, INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS; OR (5) UNAUTHORIZED ACCESS TO OR ALTERATION OF USERS’ TRANSMISSIONS OR DATA. NOTWITHSTANDING THE FACT THAT QUIVERS OR OTHER PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE QUIVERS SITE MAY MONITOR OR REVIEW TRANSMISSIONS, POSTINGS, DISCUSSIONS, OR CHATS, QUIVERS AND ALL PARTIES INVOLVED IN CREATING, PRODUCING, DELIVERING OR OPERATING THE QUIVERS SITE, ASSUME NO RESPONSIBILITY OR LIABILITY WHICH MAY ARISE FROM THE CONTENT THEREOF, INCLUDING BUT NOT LIMITED TO CLAIMS FOR DEFAMATION, LIBEL, SLANDER, OBSCENITY, PORNOGRAPHY, PROFANITY, OR MISREPRESENTATION. QUIVERS’ LIABILITY TO CLIENT ARISING OUT OF, OR RESULTING FROM, ANY SUBJECT MATTER OF THIS AGREEMENT, WHETHER BASED IN TORT, CONTRACT, STRICT PRODUCT LIABILITY OR EQUITABLE THEORIES, SHALL NOT EXCEED THE SUM OF ALL PAYMENTS MADE OR OWED BY CLIENT PURSUANT TO THIS AGREEMENT DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY. THE LIMITATIONS SPECIFIED HEREIN WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Appears in 1 contract

Samples: Quivers Master Services Agreement

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED SET FORTH IN THIS SECTION 15 OR IN THE SLAAGREEMENT, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITEALL SERVICES HEREUNDER ARE PROVIDED ON AN "AS IS" BASIS, AND THE INFORMATION ALL USE THEREOF IS AT SERVICE PROVIDER’S AND ITS CUSTOMER’S OWN RISK. ITOPIA DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY CONTENT CONTAINED THEREONAND ALL EXPRESS AND IMPLIED WARRANTIES, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL OTHER INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON- INFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR NON-INFRINGEMENTTRADE PRACTICE. XXXXXXX MAKES EXCEPT AS OTHERWISE EXPRESSLY SET INDIRECT OR CONSEQUENTIAL DAMAGES WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO SERVICES. IN NO WARRANTY EVENT WILL ITOPIA OR REPRESENTATION REGARDING QUIVERS’ SERVICESITS AGENTS OR SUPPLIERS BE LIABLE TO SERVICE PROVIDER, ANY INFORMATION, MATERIALS, PRODUCTS CUSTOMER OR SERVICES OBTAINED THROUGH QUIVERS SERVICESUSER, OR THAT QUIVERS ANY THIRD PARTY FOR THE COST OF SUBSTITUTE SERVICES WILL MEET OR FOR ANY CLAIMS ARISING OUT OF CLIENTOR RELATED TO SERVICE PROVIDER’S REQUIREMENTSBUSINESS, ITS RELATIONSHIP WITH ITS CUSTOMERS OR USERS, OR OTHERWISE. NEITHER ITOPIA NOR ITS AGENTS OR SUPPLIERS SHALL BE UNINTERRUPTEDLIABLE FOR ANY DAMAGES ASSOCIATED WITH THE INTERRUPTION, TIMELYUNAVAILABILITY, SECUREOR LOSS OF USE OF SERVICES OR LOSS OF DATA, ERROR FREE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER ITOPIA NOR ITS AGENTS OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT SUPPLIERS WILL BE ABLE LIABLE FOR UNAUTHORIZED ACCESS TO SERVICE PROVIDER’S TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS THE QUIVERS SITE TO OR THE QUIVERS ALTERATION, THEFT OR DESTRUCTION OF SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGESPROVIDER’S DATA FILES, AS WELL AS MAINTENANCEPROGRAMS PROCEDURES OR INFORMATION THROUGH ACCIDENT, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS FRAUDULENT MEANS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARDDEVICES, OR ANY OTHER FORMS OF PAYMENT ONLINEMETHOD. EXCEPT FOR INDEMNIFICATION CLAIMS BASED ON INTELLECTUAL PROPERTY INFRINGEMENT AS SET FORTH IN SECTION 12 BELOW, CURRENCY RULES AND REGULATIONSITOPIA’S MAXIMUM AGGREGATE LIABILITY RELATED TO A CLAIM ARISING UNDER THIS AGREEMENT, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH UNDER ANY SUCH LEGALCONTRACT, REGULATORYNEGLIGENCE, TORT, STRICT LIABILITY OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYTHEORY, WILL BE LIMITED TO THE THREE MONTHS OF FEES PAID TO ITOPIA UNDER THIS AGREEMENT IMMEDIATELY PRECEEDING THE EVENT GIVING RISE TO SUCH LIABILITY; PROVIDED, HOWEVER, THAT SERVICE PROVIDER PROVIDES ITOPIA WITH WRITTEN NOTICE OF SUCH CLAIM WITHIN SIX (6) MONTHS OF THE OCCURRENCE GIVING RISE TO SUCH CLAIM. THESE LIMITATIONS OF LIABILITY ARE INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.

Appears in 1 contract

Samples: Itopia Reseller Agreement

Warranty Disclaimer. Except as set expressly provided in Solodev’s Agreement, or otherwise as a result of Solodev’s grossly negligent acts or omissions or willful misconduct, Solodev is not liable for any delay or failure to perform its obligations under this Agreement, where the delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications, or third-party supplier failure). EXCEPT AS EXPRESSLY PROVIDED SET FORTH IN THIS SECTION 15 OR IN THE SLAAGREEMENT, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND NEITHER PARTY MAKES ANY CONTENT CONTAINED THEREON, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WARRANTY OF ANY KIND, EXPRESS OR WHETHER EXPRESS, IMPLIED, INCLUDING STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, AND CONDITIONS OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION LIMITATION, WARRANTIES RELATED TO ANY WARRANTY COURSE OF MERCHANTABILITYDEALING, USAGE OR TRADE PRACTICE, OR IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ THE SERVICES, ANY INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, MATERIALSCONTENT, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONSSERVICES MADE AVAILABLE BY SOLODEV OR ANY THIRD-PARTY VENDORS ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS AND NEITHER SOLODEV, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ITS PARENT COMPANY, NOR THEIR AFFILIATES AND SUBSIDIARIES MAKE ANY REPRESENTATIONS OR WARRANTIES MADE REGARDING THE SERVICES. FREE SERVICES AND BETA SERVICES ARE PROVIDED "AS IS," EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTSTHIRD-PARTY PROVIDERS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYDefects should be promptly reported via submitting electronic tickets to xxxx@xxxxxxx.xxx.

Appears in 1 contract

Samples: Master Agreement

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR IN THE SLALICENSED PRODUCT, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, TAL DATA AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, XXXXXXXX NETWORK ARE PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AS AVAILABLE.” QUIVERS TO ACCURACY, FUNCTIONALITY, PERFORMANCE OR MERCHANTABILITY. XXXXXXXX AND THE SOURCES EXPRESSLY DISCLAIMS DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND ANY WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR NON-INFRINGEMENTCOURSE OF PERFORMANCE. XXXXXXX MAKES XXXXXXXX AND THE SOURCES MAKE NO REPRESENTATION, WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICESCOVENANT CONCERNING THE ACCURACY, COMPLETENESS, SEQUENCE, TIMELINESS OR AVAILABILITY OF THE LICENSED PRODUCT, THE XXXXXXXX NETWORK, THE TAL DATA OR ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE INFORMATION OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMESLIKELIHOOD OF PROFITABLE TRADING USING THE LICENSED PRODUCT, THE XXXXXXXX NETWORK OR TAL DATA. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS LICENSEE ACCEPTS FULL RESPONSIBILITY FOR ANY INVESTMENT DECISIONS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES STOCK TRANSACTIONS MADE BY ANY PERSON LICENSEE OR ENTITYITS AUTHORIZED USERS USING THE LICENSED PRODUCT, INCLUDING EMPLOYEES THE XXXXXXXX NETWORK OR TAL DATA. NO SALES PERSONNEL, EMPLOYEES, AGENTS OR REPRESENTATIVES OF QUIVERSXXXXXXXX OR ANY THIRD PARTY ARE AUTHORIZED TO MAKE ANY REPRESENTATION, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT WARRANTY OR COVENANT ON BEHALF OF XXXXXXXX. ACCORDINGLY, ADDITIONAL ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES AND WILL SHOULD NOT BE BINDING RELIED UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTSAND ARE NOT PART OF THIS AGREEMENT. LICENSEE ACKNOWLEDGES THAT USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDSLICENSED PRODUCT, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES XXXXXXXX NETWORK AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED THE TAL DATA MAY FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITY.TIME TO TIME BE

Appears in 1 contract

Samples: Townsend Analytics License Agreement (Terra Nova Financial Group Inc)

Warranty Disclaimer. EXCEPT AS EXPRESSLY OTHER THAN EXPRESS WARRANTIES IN THE AGREEMENT, XXXXXXXXX MAKES NO WARRANTY CONCERNING THE MAXIMIZER SYSTEM, MAXIMIZER TECHNOLOGY OR SERVICES AND CUSTOMER ACKNOWLEDGES THAT XXXXXXXXX’S SOLE OBLIGATION WITH REGARD TO THE SERVICES IS TO PROVIDE THE SUPPORT SERVICES DESCRIBED IN SECTION 2.3. ACCORDINGLY, THE SERVICES, THE MAXIMIZER SYSTEM, THE MAXIMIZER TECHNOLOGY AND ALL OTHER DATA, MATERIALS, AND DOCUMENTATION PROVIDED IN CONNECTION WITH THIS SECTION 15 OR IN THE SLA, CLIENT UNDERSTANDS AGREEMENT BY XXXXXXXXX AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ITS SUPPLIERS ARE PROVIDED “AS IS” AND “AS AVAILABLE.,QUIVERS EXPRESSLY DISCLAIMS ALL OTHER WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. MAXIMIZER AND ITS SUPPLIERS MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION LIMITATION, ANY WARRANTY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITYNONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENTANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX XXXXXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT THE SERVICES WILL BE ABLE TO ACCESS PROVIDED ERROR-FREE, UNINTERRUPTED, COMPLETELY SECURE, OR VIRUS-FREE. MAXIMIZER MAKES NO REPRESENTATIONS THAT THE QUIVERS SITE SOFTWARE IS APPROPRIATE OR AVAILABLE FOR USE IN THE QUIVERS SERVICE APPLICATIONS AT ALL TIMESLOCATION OF THE CUSTOMER. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO THOSE WHO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, SOFTWARE ARE RESPONSIBLE TO ENSURE THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. THEIR USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. IN COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITY.APPLICABLE LOCAL LAW.‌

Appears in 1 contract

Samples: Maximizer Services

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR IN HEREIN, THE SLA, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE.QUIVERS BASIS WITHOUT WARRANTY OF ANY KIND. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THREAT X HEREBY DISCLAIMS TO THE MAXIMUM AMOUNT PERMITTED BY LAW ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY REGARDING THE SERVICES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. CUSTOMER IS RESPONSIBLE FOR MAINTAINING AND BACKING UP ANY STORED DATA. CUSTOMER’S USE OF THE SERVICES IS AT CUSTOMER’S OWN RISK. THREAT X MAKES NO WARRANTY REGARDING RESULTS THAT MAY BE OBTAINED FROM CUSTOMER’S USE OF THE SERVICES. CUSTOMER ACKNOWLEDGES THAT THREAT X DOES NOT MAKE ANY GUARANTEE, WARRANTY OR OTHER WARRANTIES ASSURANCE THAT CUSTOMER WILL NOT BE HACKED OR OTHERWISE SUBJECTED TO SECURITY THREATS. EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY PROVIDED IN SECTION 7.2, THREAT X DOES NOT MAKE ANY WARRANTY OF ANY KIND, EXPRESS OR WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND THREAT X SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-NON- INFRINGEMENT. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE MAXIMUM EXTENT PERMITTED BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYAPPLICABLE LAW.

Appears in 1 contract

Samples: Terms of Service

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED NOTWITHSTANDING ANYTHING IN THE AGREEMENT OR IN THIS SECTION 15 EXHIBIT N (TRAINING AND PRODUCTION DEVICE LICENSE AGREEMENT), AND EXCEPT TO THE EXTENT OTHERWISE REQUIRED BY APPLICABLE LAW, T-MOBILE MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE TRAINING DEVICES, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE SLATRADE, CLIENT UNDERSTANDS AND AGREES BY COURSE OF DEALING OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS AS TO (I) NON-INFRINGEMENT, (II) MERCHANTABILITY, OR (III) FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE OR USE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, T-MOBILE DOES NOT REPRESENT, WARRANT OR CONDITION THAT THE QUIVERS SERVICESOPERATION OF THE TRAINING DEVICES WILL BE UNINTERRUPTED, QUIVERS SOLUTION AND QUIVERS SITEBUG FREE OR ERROR FREE. EXCEPT FOR THE WARRANTIES PROVIDED BY THE APPLICABLE MANUFACTURER(S) OF THE TRAINING DEVICES, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, TRAINING DEVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS PROVIDER ACKNOWLEDGES THAT IT RELIES ON NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXCEPT THOSE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES SET FORTH HEREIN OR IN THE SERVICES AGREEMENT. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE TERM OF ANY KINDLICENSE(S) GRANTED UNDER THIS EXHIBIT N (TRAINING AND PRODUCTION DEVICE LICENSE AGREEMENT). TO THE EXTENT PERMITTED BY APPLICABLE LAW, EXPRESS (A) IN NO EVENT WILL T-MOBILE BE LIABLE FOR COST OF COVER OR IMPLIEDSPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES HEREUNDER (INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT DAMAGES RESULTING FROM THE USE LOSS OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL USE, LOSS OF DATA, LOSS OF PROFITS OR ADVICE REGARDING LEGAL, TAX, REGULATORY, LOSS OF BUSINESS) ARISING OUT OF OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, IN CONNECTION WITH THIS AGREEMENT OR ANY OTHER FORMS TRAINING DEVICES PROVIDED HEREUNDER, EVEN IF T-MOBILE HAS BEEN ADVISED OF PAYMENT ONLINE, CURRENCY RULES THE POSSIBILITY OF SUCH DAMAGES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY EVEN IF SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYDAMAGES ARE REASONABLY FORESEEABLE.

Appears in 1 contract

Samples: Call Center Services (Startek Inc)

Warranty Disclaimer. TO THE GREATEST EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY PROVIDED FOR THE EXPRESS LIMITED WARRANTY SET OUT IN THIS SECTION 15 OR IN 13(A), THE SLA, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITETHE SOFTWARE, AND THE INFORMATION SOFTWARE SERVICES, THE PROFESSIONAL SERVICES AND ANY CONTENT CONTAINED THEREON, OTHER PRODUCTS OR SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED TO CUSTOMER “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL THERE ARE NO OTHER WARRANTIES OF ANY KINDWARRANTIES, EXPRESS REPRESENTATIONS OR CONDITIONS, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THEM OR ANY WARRANTY OTHER PRODUCT, SERVICE OR MATERIAL PROVIDED HEREUNDER OR IN CONNECTION HEREWITH. CASTLE, ITS LICENSORS AND SUPPLIERS DISCLAIM ANY IMPLIED WARRANTIES OR CONDITIONS REGARDING THE SOFTWARE, THE SOFTWARE SERVICES, THE SERVICES, THE PROFESSIONAL SERVICES AND ANY OTHER PRODUCTS, SERVICES AND MATERIALS PROVIDED HEREUNDER OR IN CONNECTION HEREWITH, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE OR NON-INFRINGEMENT. XXXXXXX MAKES NO WARRANTY CASTLE DOES NOT REPRESENT OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS WARRANT THAT THE SERVICES OR THE SOFTWARE SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, SHALL OPERATE ERROR FREE OR FREE FROM VIRUSES UNINTERRUPTED, SHALL MEET ANY OR OTHER HARMFUL COMPONENTSALL OF CUSTOMER’S PARTICULAR REQUIREMENTS, THAT ALL ERRORS OR DEFECTS IN THE SERVICES OR SOFTWARE SERVICES CAN BE FOUND OR CORRECTED. XXXXXXX WITHOUT LIMITING THE FOREGOING, CASTLE DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. MAKE ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON WHATSOEVER WITH REGARD TO PRODUCTS OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, THIRD PARTIES (INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDSTHIRD PARTY COMPONENTS, THE MANNER HARDWARE, THE OPERATION OF ACCEPTING CREDIT CARDTHE INTERNET, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, NETWORK OR OTHER REQUIREMENTS COMMUNICATION SERVICES) AND ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE FOREGOING OR THE APPROPRIATENESS OF YOUR DATA MANAGEMENT SYSTEM OR THE ACCURACY OF DATA CONTAINED IN SUCH SYSTEM. NO AGREEMENTS VARYING OR EXTENDING ANY EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT SHALL BE BINDING ON EITHER PARTY UNLESS IN WRITING AND SIGNED BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYAN AUTHORIZED SIGNING OFFICER OF CASTLE.

Appears in 1 contract

Samples: cl.castlelearning.com

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS SECTION 15 AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATION OR IN THE SLA, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND EXTENDS ANY CONTENT CONTAINED THEREON, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION TO THE OTHER PARTY WITH RESPECT TO ANY WARRANTY TECHNOLOGY OR OTHER SUBJECT MATTER OF THIS AGREEMENT AND HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT WITH RESPECT TO ANY AND ALL OF THE FOREGOING. EACH PARTY HEREBY DISCLAIMS ANY REPRESENTATION OR NON-INFRINGEMENTWARRANTY THAT THE DEVELOPMENT, MANUFACTURE OR COMMERCIALIZATION OF ANY LICENSED COMPOUND, OPTION COMPOUND OR LICENSED PRODUCT UNDER THIS AGREEMENT SHALL BE SUCCESSFUL. XXXXXXX MAKES NO WARRANTY 11.6 No Consequential Damages. NEITHER PARTY HERETO SHALL BE LIABLE FOR SPECIAL, INCIDENTAL, PUNITIVE OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY CONSEQUENTIAL DAMAGES ARISING OUT OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE THIS AGREEMENT OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITYEXERCISE OF ITS RIGHTS HEREUNDER, INCLUDING EMPLOYEES LOST PROFITS ARISING FROM OR REPRESENTATIVES RELATING TO ANY BREACH OF QUIVERSTHIS AGREEMENT, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS REGARDLESS OF ANY NOTICE OF SUCH DAMAGES. NOTHING IN THIS SECTION 11.6 IS INTENDED TO LIMIT OR RESTRICT THE INDEMNIFICATION RIGHTS OR OBLIGATIONS OF EITHER PARTY OR TO LIMIT A PARTY’S LIABILITY FOR BREACHES OF ITS SUPPLIERS OR PARTICIPATING MERCHANTSOBLIGATION REGARDING [* * *]. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITY.11.7

Appears in 1 contract

Samples: License and Option Agreement

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR IN 5.1, TO THE SLAGREATEST EXTENT PERMITTED BY LAW, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ARE LICENSED SOFTWARE IS PROVIDED "AS IS" AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KINDTHERE ARE NO WARRANTIES, EXPRESS REPRESENTATIONS OR CONDITIONS, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THE LICENSED SOFTWARE OR ANY OTHER PRODUCT OR SERVICE PROVIDED HEREUNDER OR IN CONNECTION HEREWITH. INGENIUS, ITS LICENSORS AND SUPPLIERS DISCLAIM ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICESPURPOSE, OR TITLE. NEITHER INGENIUS NOR ITS LICENSORS MAKE ANY REPRESENTIONS OR PROVIDE ANY WARRANTIES OR CONDITIONS THAT QUIVERS SERVICES WILL THE LICENSED SOFTWARE SHALL MEET ANY OR ALL OF CLIENTLICENSEE’S PARTICULAR REQUIREMENTS, THAT ALL ERRORS OR DEFECTS IN THE LICENSED SOFTWARE CAN BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE FOUND OR FREE FROM VIRUSES CORRECTED. NEITHER INGENIUS NOR ANY OF ITS LICENSORS MAKE ANY REPRESENTIONS OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT PROVIDE ANY WARRANTIES OR GUARANTEE CONDITIONS THAT CLIENT THE LICENSED SOFTWARE WILL BE ABLE PROVIDE SUITABLE NOTIFICATION TO ACCESS THE QUIVERS SITE ALLOW OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY ENABLE ANY PERSONS TO ACCESS AVOID BODILY INJURY OR USE THE QUIVERS SITE DEATH OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR PREVENT ANY DAMAGE TO CLIENT RESULTING TANGIBLE, INTANIGIBLE, OR REAL PROPERTY. THE LICENSED SOFTWARE SHOULD BE USED IN ADDITION TO OTHER TRADITIONAL NOTIFICATION SYSTEMS, SUCH AS, FOR EXAMPLE AND WITHOUT LIMITATION, AUDIBLE FIRE, EMERGENCY AND/OR EVACUTATION ALARMS. YOU EXPRESSLY ACKNOWLEDGE THAT THE SOFTWARE IS NOT INTENDED, DESIGNED OR FIT FOR PLACING, CARRYING OR SUPPORTING EMERGENCY CALLS. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT THE LICENSED SOFTWARE IS NOT INTENDED, DESIGNED OR FIT FOR PLACING, CARRYING OR SUPPORTING ANY CALL TO ANY EMERGENCY SERVICE OR ANY CALL FOR THE PURPOSE OF OBTAINING ASSISTANCE, HELP OR AID IN THE EVENT OF AN EMERGENCY. NEITHER INGENIUS NOR ITS LICENSORS ARE OR WILL BE LIABLE TO YOU OR ANY THIRD PARTY IN ANY RESPECT FOR ANY COSTS OR DAMAGES ARISING EITHER DIRECTLY OR INDIRECTLY FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTSTHE SOFTWARE FOR EMERGENCY CALLS, INCLUDING WITHOUT LIMITATION ON CALLS TO EMERGENCY SERVICES AND CALLS FOR THE PROVISIONPURPOSE OF OBTAINING ASSISTANCE, OPERATION, HELP OR USE AID IN THE EVENT OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYAN EMERGENCY.

Appears in 1 contract

Samples: End User License Agreement

Warranty Disclaimer. RIGHTNOW WARRANTS THAT THE SERVICES WILL PERFORM SUBSTANTIALLY AND MATERIALLY IN ACCORDANCE WITH THE FUNCTIONS DESCRIBED IN THE USER DOCUMENTATION UNDER NORMAL USE AND CIRCUMSTANCES BY AUTHORIZED USERS OF THE SERVICES, IN ACCORDANCE WITH THIS AGREEMENT AND THE DOCUMENTATION. IF THERE IS A MATERIAL BREACH OF THE ABOVE WARRANTY, RIGHTNOW’S ENTIRE LIABILITY AND CUSTOMER’S ENTIRE REMEDY SHALL BE, AT RIGHTNOW’S OPTION TO (I) MODIFY THE SERVICES TO CONFORM TO THE DOCUMENTATION; (II) PROVIDE A REASONABLE WORKAROUND SOLUTION WHICH WILL REASONABLY MEET CUSTOMER’S REQUIREMENTS OR (III) IF NEITHER OF THE FOREGOING IS COMMERCIALLY REASONABLE, TERMINATE THIS AGREEMENT WITH NO FURTHER LIABILITY TO CUSTOMER. THESE REMEDIES ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES FOR A CLAIM OF BREACH OF WARRANTY. EXCEPT AS SET FORTH ABOVE, CUSTOMER EXPRESSLY PROVIDED IN THIS SECTION 15 OR IN THE SLA, CLIENT UNDERSTANDS AND AGREES THAT USE OF THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND SERVICES IS AT THE INFORMATION AND ANY CONTENT CONTAINED THEREON, CUSTOMER'S SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS” AND “," "AS AVAILABLE.” QUIVERS " BASIS. RIGHTNOW EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR PURPOSE, TITLE AND NON-INFRINGEMENT, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. XXXXXXX RIGHTNOW MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS THE SERVICES WILL MEET ANY OF CLIENT’S CUSTOMER'S REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES ERROR- FREE, OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT DEFECTS IN THE SERVICES WILL BE ABLE CORRECTED. XXXXXXXX MAKES NO WARRANTY AS TO ACCESS THE QUIVERS SITE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE QUIVERS SERVICE APPLICATIONS AT ALL TIMESACCURACY OR RELIABILITY OF ANY CONTENT OR INFORMATION OBTAINED THROUGH THE SERVICES. CLIENT NOTHING HEREIN COMPRISES A WARRANTY BY ANY THIRD PARTY, AND NOTHING IN THIS AGREEMENT PROVIDES CUSTOMER WITH ANY RECOURSE AGAINST A THIRD PARTY THAT HAS PROVIDED SOFTWARE OR HARDWARE TO RIGHTNOW FOR USE IN DELIVERY OF THE SERVICES. CUSTOMER UNDERSTANDS AND ACKNOWLEDGES AGREES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS ANY MATERIAL OR USE DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS DONE AT CLIENT’S SOLE CUSTOMER'S OWN DISCRETION AND RISK. CLIENT , AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING CUSTOMER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, DOWNLOAD OR USE OF GIFT CARDSSUCH MATERIAL OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYABOVE EXCLUSIONS MAY NOT APPLY TO CUSTOMER.

Appears in 1 contract

Samples: www.oracle.com

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED SET FORTH IN THIS SECTION 15 AGREEMENT, NEITHER PARTY MAKES ANY OTHER REPRESENTATION, GUARANTEE OR IN THE SLA, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WARRANTY OF ANY KIND, EXPRESS EXPRESS, IMPLIED OR IMPLIEDOTHERWISE, UNDER THIS AGREEMENT INCLUDING WITHOUT LIMITATION REPRESENTATIONS, GUARANTEES OR WARRANTIES AS TO THE RESULTS TO BE EXPECTED FROM USE OF ANY OF THE LICENSED IP, OR FROM MANUFACTURE OR SALE OF ANY PRODUCT HEREUNDER. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, LICENSOR SHALL HAVE NO RESPONSIBILITY OR LIABILITY UNDER THIS AGREEMENT FOR THE LICENSED IP; FOR THE ABILITY OR INABILITY OF LICENSEE TO USE THE LICENSED IP; FOR THE CLAIMS OF THIRD PARTIES RELATING TO ANY PRODUCTS MANUFACTURED OR SOLD BY LICENSEE; OR FOR ANY FAILURE IN PRODUCTION, DESIGN OR OPERATION OF ANY PRODUCT MANUFACTURED OR SOLD BY LICENSEE. THE LIMITATIONS OF LIABILITY CONTAINED IN THIS AGREEMENT ARE A FUNDAMENTAL PART OF THE BASIS OF EACH PARTY’S BARGAIN HEREUNDER, AND NEITHER PARTY WOULD ENTER INTO THIS AGREEMENT ABSENT SUCH LIMITATIONS. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, LICENSOR SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT ARISING OUT OF OR RELATING TO ANY FACTS OR CIRCUMSTANCES WHICH CONSTITUTE A BREACH OF ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICESLICENSEE UNDER THE APA, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE FOR WHICH LICENSEE WOULD OTHERWISE HAVE LIABILITY TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, LICENSOR OR ANY OTHER FORMS OF PAYMENT ONLINEAFFILIATE UNDER THE APA (WITHOUT GIVING EFFECT TO ANY SURVIVAL PERIODS OR LIMITATIONS ON LIABILITY SET FORTH THEREIN), CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED NOTHING IN THIS AGREEMENT SHALL DEROGATE FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENTLICENSOR’S RESPONSIBILITYRIGHTS UNDER THE APA.

Appears in 1 contract

Samples: Intellectual Property License Agreement (Quantrx Biomedical Corp)

Warranty Disclaimer. RIGHTNOW WARRANTS THAT THE SERVICES WILL PERFORM SUBSTANTIALLY AND MATERIALLY IN ACCORDANCE WITH THE FUNCTIONS DESCRIBED IN THE USER DOCUMENTATION UNDER NORMAL USE AND CIRCUMSTANCES BY AUTHORIZED USERS OF THE SERVICES, IN ACCORDANCE WITH THIS AGREEMENT AND THE DOCUMENTATION. IF THERE IS A MATERIAL BREACH OF THE ABOVE WARRANTY, RIGHTNOW’S ENTIRE LIABILITY AND CUSTOMER’S ENTIRE REMEDY SHALL BE, AT RIGHTNOW’S OPTION TO (I) MODIFY THE SERVICES TO CONFORM TO THE DOCUMENTATION; (II) PROVIDE A REASONABLE WORKAROUND SOLUTION WHICH WILL REASONABLY MEET CUSTOMER’S REQUIREMENTS OR (III) IF NEITHER OF THE FOREGOING IS COMMERCIALLY REASONABLE, TERMINATE THIS AGREEMENT WITH NO FURTHER LIABILITY TO CUSTOMER. THESE REMEDIES ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES FOR A CLAIM OF BREACH OF WARRANTY. EXCEPT AS SET FORTH ABOVE, CUSTOMER EXPRESSLY PROVIDED IN THIS SECTION 15 OR IN THE SLA, CLIENT UNDERSTANDS AND AGREES THAT USE OF THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND SERVICES IS AT THE INFORMATION AND ANY CONTENT CONTAINED THEREON, CUSTOMER'S SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS” AND “," "AS AVAILABLE.” QUIVERS " BASIS. RIGHTNOW EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR PURPOSE, TITLE AND NON-INFRINGEMENT, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. XXXXXXX RIGHTNOW MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS THE SERVICES WILL MEET ANY OF CLIENT’S CUSTOMER'S REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES ERROR- FREE, OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT DEFECTS IN THE SERVICES WILL BE ABLE CORRECTED. RIGHTNOW MAKES NO WARRANTY AS TO ACCESS THE QUIVERS SITE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE QUIVERS SERVICE APPLICATIONS AT ALL TIMESACCURACY OR RELIABILITY OF ANY CONTENT OR INFORMATION OBTAINED THROUGH THE SERVICES. CLIENT NOTHING HEREIN COMPRISES A WARRANTY BY ANY THIRD PARTY, AND NOTHING IN THIS AGREEMENT PROVIDES CUSTOMER WITH ANY RECOURSE AGAINST A THIRD PARTY THAT HAS PROVIDED SOFTWARE OR HARDWARE TO RIGHTNOW FOR USE IN DELIVERY OF THE SERVICES. CUSTOMER UNDERSTANDS AND ACKNOWLEDGES AGREES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS ANY MATERIAL OR USE DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS DONE AT CLIENT’S SOLE CUSTOMER'S OWN DISCRETION AND RISK. CLIENT , AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING CUSTOMER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, DOWNLOAD OR USE OF GIFT CARDSSUCH MATERIAL OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYABOVE EXCLUSIONS MAY NOT APPLY TO CUSTOMER.

Appears in 1 contract

Samples: www.oracle.com

Warranty Disclaimer. EXCEPT BITGLASS MAKES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES, SOFTWARE OR OTHER CONTENT, MATERIALS OR INFORMATION PROVIDED OR MADE AVAILABLE IN CONNECTION WITH THIS AGREEMENT OTHER THAN AS EXPRESSLY PROVIDED SET FORTH IN THIS SECTION 15 OR IN 6.1 AND THE BITGLASS SLA, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY BITGLASS DISCLAIMS ALL OTHER IMPLIED WARRANTIES OF INCLUDING ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENTNONINFRINGEMENT OR IMPLIED WARRANTIES ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE. XXXXXXX MAKES WITHOUT LIMITING THE FOREGOING, BITGLASS PROVIDES NO WARRANTY THAT USE OF THE SERVICES OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES THE SITE WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE SECURE OR FREE FROM BUGS, VIRUSES OR ERROR (OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT THAN AS EXPRESSLY WARRANTED IN SECTION 6.1 ABOVE), THAT THE SERVICES OR GUARANTEE THAT CLIENT THE SITE, OR ANY FEATURES OR FUNCTIONALITY THEREOF, WILL BE ABLE UNINTERRUPTED OR AVAILABLE WHEN NEEDED (OTHER THAN AS EXPRESSLY PROVIDED IN THE BITGLASS SLA) OR THAT THE DATA AND INFORMATION YOU PROVIDE IN CONNECTION WITH USE OF THE SERVICES AND THE SITE WILL BE SECURE, BACKED-UP OR PRESERVED. THE FOREGOING DISCLAIMERS AND LIMITATIONS SHALL APPLY TO ACCESS THE QUIVERS SITE OR MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE THAT, FOLLOWING THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGESTERMINATION OF THIS AGREEMENT, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH BITGLASS WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OBLIGATION TO RETAIN OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR STORE ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, DATA OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON INFORMATION THAT YOU SUBMIT TO OR THROUGH THE PROVISION, OPERATION, SERVICES OR THE SITE. YOU ARE ADVISED TO BACK UP AND STORE ANY DATA OR OTHER INFORMATION THAT YOU SUBMIT TO OR USE WITH THE SERVICES AND THE SITE AND, SPECIFICALLY, TO BACKUP AND STORE SUCH DATA AND INFORMATION PRIOR TO THE TERMINATION OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYTHIS AGREEMENT.

Appears in 1 contract

Samples: d7umqicpi7263.cloudfront.net

Warranty Disclaimer. EXCEPT AS EXPRESSLY THE AXCE SOFTWARE IS PROVIDED IN THIS SECTION 15 OR IN THE SLA, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITETO YOU FREE OF CHARGE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ARE PROVIDED ON AN AS AS-IS” BASIS. ALTOVA PROVIDES NO WARRANTIES FOR THE AXCE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALTOVA AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES OF ANY KINDAND REPRESENTATIONS, EXPRESS WHETHER EXPRESS, IMPLIED OR IMPLIEDOTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, MERCHANTABILITY, SATISFACTORY QUALITY, INFORMATIONAL CONTENT, OR ACCURACY, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX ALTOVA DOES NOT WARRANT THAT THE AXCE SOFTWARE IS ERROR-FREE OR GUARANTEE WILL OPERATE WITHOUT INTERRUPTION. IF MANDATORILY APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE AXCE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) -DAYS FROM THE DATE OF INSTALLATION OR BEGIN OF USE, WHATEVER IS THE EARLIER. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT CLIENT WILL BE ABLE VARY FROM STATE TO ACCESS THE QUIVERS SITE STATE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMESFROM JURISDICTION TO JURISDICTION. CLIENT UNDERSTANDS AND ACKNOWLEDGES YOU AGREE THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT YOU ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR THE ACCURACY AND ADEQUACY OF THE ACDE OR ACBE SOFTWARE FOR YOUR INTENDED USE AND YOU WILL INDEMNIFY AND HOLD HARMLESS ALTOVA FROM ANY DAMAGE 3RD PARTY SUIT TO CLIENT RESULTING FROM THE USE EXTENT BASED UPON THE ACCURACY AND ADEQUACY OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL THE ACDE OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYACBE SOFTWARE IN YOUR USE.

Appears in 1 contract

Samples: Developer License Agreement

Warranty Disclaimer. TO THE GREATEST EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY PROVIDED FOR THE EXPRESS LIMITED WARRANTY SET OUT IN THIS SECTION 15 OR IN 13(A), THE SLA, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITETHE BETA TERMINAL SOFTWARE, AND THE INFORMATION PROFESSIONAL SERVICES AND ANY CONTENT CONTAINED THEREON, OTHER PRODUCTS OR SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED TO CUSTOMER “AS IS”, “AS AVAILABLE” AND “AS AVAILABLE.WITH ALL FAULTSQUIVERS EXPRESSLY DISCLAIMS ALL BASIS, AND THERE ARE NO OTHER WARRANTIES OF ANY KINDWARRANTIES, EXPRESS REPRESENTATIONS OR CONDITIONS, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THEM OR ANY WARRANTY OTHER PRODUCT, SERVICE OR MATERIAL PROVIDED HEREUNDER OR IN CONNECTION HEREWITH. LICENSOR, ITS LICENSORS AND SUPPLIERS DISCLAIM ANY IMPLIED WARRANTIES OR CONDITIONS REGARDING THE SOFTWARE, THE SERVICES, THE PROFESSIONAL SERVICES AND ANY OTHER PRODUCTS, SERVICES AND MATERIALS PROVIDED HEREUNDER OR IN CONNECTION HEREWITH, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE OR NON-INFRINGEMENT. XXXXXXX MAKES NO WARRANTY LICENSOR DOES NOT REPRESENT OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS WARRANT THAT THE SERVICES OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, THE SOFTWARE SHALL OPERATE ERROR FREE OR FREE FROM VIRUSES UNINTERRUPTED, SHALL MEET ANY OR OTHER HARMFUL COMPONENTSALL OF CUSTOMER’S PARTICULAR REQUIREMENTS, THAT ALL ERRORS OR DEFECTS IN THE SERVICES OR SOFTWARE CAN BE FOUND OR CORRECTED. XXXXXXX WITHOUT LIMITING THE FOREGOING, LICENSOR DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. MAKE ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON WHATSOEVER WITH REGARD TO PRODUCTS OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, THIRD PARTIES (INCLUDING WITHOUT LIMITATION THE THIRD PARTY COMPONENTS, THE HARDWARE, THE OPERATION OF THE INTERNET, NETWORK OR OTHER COMMUNICATION SERVICES) AND ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE FOREGOING OR THE APPROPRIATENESS OF YOUR DATA MANAGEMENT SYSTEM OR THE ACCURACY OF DATA CONTAINED IN SUCH SYSTEM. NO AGREEMENTS VARYING OR EXTENDING ANY EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT SHALL BE BINDING ON EITHER PARTY UNLESS IN WRITING AND SIGNED BY AN AUTHORIZED SIGNING OFFICER OF LICENSOR. CUSTOMER CONFIRMS THAT IT HAS THE PROVISIONSOLE RESPONSIBILITY FOR ALL USE OF THE SERVICES AND BETA TERMINAL SOFTWARE, OPERATIONFOR ANY PRODUCTS OR SERVICES THAT USE THE BETA TERMINAL SOFTWARE AND SERVICES, AND ANY USE OF SUCH PRODUCTS OR SERVICES BY OTHERS, INCLUDING BUT NOT LIMITED TO THE RESPONSIBILITY TO ASSESS WHETHER THE SERVICES AND BETA TERMINAL SOFTWARE AND USE THEREOF IS APPROPRIATE FOR CUSTSOMER’S INTENDED PURPOSES, AND CONSIDERING THE RISKS ASSOCIATED WITH THE SERVICES AND BETA TERMINAL SOFTWARE AND USE THEREOF. Customer agrees to indemnify, hold harmless, and, upon Licensor’s request, defend Licensor and its affiliates and their respective contractors, licensors and agents and all such person’s officers, directors and employees, from and against all third party claims, actions and demands, and all resulting liabilities, damages and losses of any type, expenses (including reasonable legal fees), settlements, or judgments suffered or incurred by such parties to the extent that they result from or arise out of: (i) access, installation or use of the Beta Software by the Customer, the Users; (ii) the failure of Customer to comply with any applicable laws, including applicable export laws; (iii) breach of any of the terms and conditions of this Beta Agreement, and (iv) any representations by Customer or the Users regarding the Services and Beta Terminal Software, or the use of performance thereof, howsoever made, without the prior written consent of Licensor. THE WARRANTY DISCLAIMERS ABOVE REPRESENT THE INHERENT RISKS ASSOCIATED WITH BETA PLATFORMS AND THE FACT THAT THE SERVICES AND BETA TERMINAL SOFTWARE ARE BEING PROVIDED AT NO COST TO THE CUSTOMER. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY SET OUT IN THIS AGREEMENT ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF BARGAIN BETWEEN THE PARTIES AND LICENSOR WOULD NOT BE ABLE TO PROVIDE THE BETA SOFTWARE, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY DOCUMENTATION WITHOUT SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYLIMITATIONS.

Appears in 1 contract

Samples: A Service Agreement

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR IN EUA, THE SLAPURECLOUD SERVICE, CLIENT UNDERSTANDS EQUIPMENT, AND AGREES THAT THE QUIVERS OTHER SERVICES, QUIVERS SOLUTION DELIVERABLES, PRODUCTS AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ”. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF ANY KINDMERCHANTABILITY, EXPRESS OR IMPLIEDSATISFACTORY QUALITY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITYTITLE, FITNESS FOR A PARTICULAR PURPOSE OR PURPOSE, NON-INFRINGEMENT. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATIONCOMPATIBILITY, MATERIALSSECURITY, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICESQUIET ENJOYMENT, TIMELINESS, COMPLETENESS, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTSACCURACY. WITHOUT LIMITING THE FOREGOING, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES WE DO NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE ACCESS TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, PURECLOUD SERVICE OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, SERVICES OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION MATERIALS PROVIDED BY US WILL BE UNINTERRUPTED OR COLLECTED FROM ONLINE CUSTOMERSERROR-FREE. COMPLIANCE WITH ANY SUCH LEGALIT IS YOUR RESPONSIBILITY TO SELECT THE SERVICE NECESSARY TO ACHIEVE YOUR INTENDED RESULTS. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, REGULATORYSO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHERRIGHTS WHICH VARY BY JURISDICTION. IF THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, OR OTHER REQUIREMENTS YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYLAW.

Appears in 1 contract

Samples: End User Agreement Purecloud

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR IN SECTION, THE SLA, CLIENT UNDERSTANDS SERVICE AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, PREMIUM SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE., QUIVERS EXPRESSLY DISCLAIMS “AS-IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TANIUM AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES WITH RESPECT TO THE SERVICE AND PREMIUM SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF ANY KINDNON-INFRINGEMENT, EXPRESS OR IMPLIEDTITLE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. XXXXXX DOES NOT WARRANT THAT THE SERVICE OR NON-INFRINGEMENT. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS PREMIUM SERVICES WILL MEET ANY OF CLIENTCUSTOMER’S REQUIREMENTS, OR WILL CAUSE CUSTOMER TO BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE COMPLIANT WITH APPLICABLE LAW; THAT CUSTOMER’S USE OF THE SERVICE OR FREE FROM VIRUSES PREMIUM SERVICES WILL SATISFY ANY STATUTORY OR OTHER HARMFUL COMPONENTSREGULATORY OBLIGATIONS; THAT THE OPERATION OF THE SERVICE OR PREMIUM SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; OR THAT ERRORS OR DEFECTS IN THE SERVICE OR PREMIUM SERVICES WILL BE CORRECTED. XXXXXXX XXXXXX DOES NOT WARRANT MAKE ANY REPRESENTATION OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS WARRANTY REGARDING THE QUIVERS SITE PERFORMANCE OR RESULTS OF THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS PREMIUM SERVICES. QUIVERS PROVIDES NO COUNSEL TANIUM DOES NOT PROVIDE WARRANTIES WITH RESPECT TO ANY THIRD-PARTY OR ADVICE REGARDING LEGALNON-GA PRODUCTS, TAXSCRIPTS, REGULATORYCONTENT, OR OTHER REQUIREMENTSTECHNOLOGIES. NO ORAL OR WRITTEN INFORMATION OR ADVICE, INCLUDING WITHOUT LIMITATION ON THE PROVISIONINCLUDING, OPERATIONBUT NOT LIMITED TO, SUGGESTIONS, ROUTINES, SCRIPTS OR USE OF GIFT CARDSQUERIES, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY TANIUM SHALL CREATE ANY ADDITIONAL TANIUM WARRANTIES OR COLLECTED FROM ONLINE CUSTOMERSIN ANY WAY INCREASE THE SCOPE OF WARRANTIES OR TANIUM’S LIABILITY OR OBLIGATIONS UNDER THIS AGREEMENT. COMPLIANCE TANIUM HAS NO RESPONSIBILITY OR LIABILITY FOR ANY THIRD-PARTY PRODUCTS OR TECHNOLOGIES USED BY CUSTOMER WHETHER INDEPENDENTLY OR IN CONJUNCTION WITH ANY SUCH LEGALTHE SERVICE OR PREMIUM SERVICES. If applicable law affords Customer implied warranties, REGULATORYguarantees or conditions despite these exclusions, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYthose warranties will be limited to one (1) year from the Effective Date and Customer’s remedies will be limited to the maximum extent allowed by Sections 7 (Limited Warranty; Disclaimer; Integrations with Third-Party Software and Services) and 9 (Limitation of Liability).

Appears in 1 contract

Samples: Subscription Agreement

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR IN SECTION, THE SLA, CLIENT UNDERSTANDS SERVICE AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, PREMIUM SERVICES ARE PROVIDED “AS IS” AND “ON AN "AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS , " "AS-IS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TANIUM AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES WITH RESPECT TO THE SERVICE AND PREMIUM SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF ANY KINDNON-INFRINGEMENT, EXPRESS OR IMPLIEDTITLE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. TANIUM DOES NOT WARRANT THAT THE SERVICE OR NON-INFRINGEMENT. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS PREMIUM SERVICES WILL MEET ANY OF CLIENTCUSTOMER’S REQUIREMENTS, OR WILL CAUSE CUSTOMER TO BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE COMPLIANT WITH APPLICABLE LAW; THAT CUSTOMER’S USE OF THE SERVICE OR FREE FROM VIRUSES PREMIUM SERVICES WILL SATISFY ANY STATUTORY OR OTHER HARMFUL COMPONENTSREGULATORY OBLIGATIONS; THAT THE OPERATION OF THE SERVICE OR PREMIUM SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; OR THAT ERRORS OR DEFECTS IN THE SERVICE OR PREMIUM SERVICES WILL BE CORRECTED. XXXXXXX XXXXXX DOES NOT WARRANT MAKE ANY REPRESENTATION OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS WARRANTY REGARDING THE QUIVERS SITE PERFORMANCE OR RESULTS OF THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS PREMIUM SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGALTANIUM DOES NOT PROVIDE WARRANTIES WITH RESPECT TO ANY THIRD-PARTY PRODUCTS, TAXSCRIPTS, REGULATORYCONTENT, OR OTHER REQUIREMENTSTECHNOLOGIES. NO ORAL OR WRITTEN INFORMATION OR ADVICE, INCLUDING WITHOUT LIMITATION ON THE PROVISIONINCLUDING, OPERATIONBUT NOT LIMITED TO, SUGGESTIONS, ROUTINES, SCRIPTS OR USE OF GIFT CARDSQUERIES, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY TANIUM SHALL CREATE ANY ADDITIONAL TANIUM WARRANTIES OR COLLECTED FROM ONLINE CUSTOMERSIN ANY WAY INCREASE THE SCOPE OF WARRANTIES OR TANIUM’S LIABILITY OR OBLIGATIONS UNDER THIS AGREEMENT. COMPLIANCE TANIUM HAS NO RESPONSIBILITY OR LIABILITY FOR ANY THIRD- PARTY PRODUCTS OR TECHNOLOGIES USED BY CUSTOMER WHETHER INDEPENDENTLY OR IN CONJUNCTION WITH ANY SUCH LEGALTHE SERVICE OR PREMIUM SERVICES. If applicable law affords Customer implied warranties, REGULATORYguarantees or conditions despite these exclusions, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYthose warranties will be limited to one (1) year from the Effective Date and Customer’s remedies will be limited to the maximum extent allowed by Sections 7 (Limited Warranty; Disclaimer) and 9 (Limitation of Liability).

Appears in 1 contract

Samples: Subscription Agreement

Warranty Disclaimer. EXCEPT AS EXPRESSLY THE SWIFT XXXXXXXXX.XXX IS PROVIDED IN THIS SECTION 15 OR IN ON AN “AS-IS” BASIS. XXXXXXXXXXX SW S.R.O. PROVIDES NO WARRANTIES FOR THE SLA, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITESWIFT XXXXXXXXX.XXX, AND PROVIDES ONLY LIMITED TECHNICAL SUPPORT TO LICENSED CUSTOMERS (CUSTOMERS THAT BUY THE INFORMATION LICENSE). TO THE MAXIMUM EXTENT PERMITTED BY LAW, PURESYSTEMS SW S.R.O. AND ANY CONTENT CONTAINED THEREONITS SUPPLIERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KINDWHETHER EXPRESS, EXPRESS IMPLIED OR IMPLIEDOTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE; MERCHANTABILITY; SATISFACTORY QUALITY, INFORMATIONAL CONTENT, OR NON-ACCURACY, QUIET ENJOYMENT, TITLE, AND NON- INFRINGEMENT. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX XXXXXXXXXXX SW S.R.O. DOES NOT WARRANT THAT THE SWIFT XXXXXXXXX.XXX IS ERROR-FREE OR GUARANTEE WILL OPERATE WITHOUT INTERRUPTION. IF APPLICABLE LAW XXXXXXXX XXX WARRANTIES WITH RESPECT TO THE SWIFT XXXXXXXXX.XXX, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO 30 DAYS FROM THE DATE OF INSTALLATION OR USE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT CLIENT WILL BE ABLE VARY FROM STATE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMESSTATE. CLIENT UNDERSTANDS AND ACKNOWLEDGES YOU AGREE THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT YOU ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR THE ACCURACY AND ADEQUACY OF THE SOFTWARE FOR YOUR INTENDED USE AND YOU WILL INDEMNIFY AND HOLD HARMLESS PURESYSTEMS SW S.R.O. FROM ANY DAMAGE 3RD PARTY SUIT TO CLIENT RESULTING FROM THE EXTENT BASED UPON THE ACCURACY AND ADEQUACY OF THE SOFTWARE IN YOUR USE. WITHOUT LIMITATION, THE SOFTWARE IS NOT INTENDED FOR USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS INCLUDING WITHOUT LIMITATION ON THE PROVISIONOPERATION OF NUCLEAR FACILITIES, OPERATIONAIRCRAFT NAVIGATION, COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR USE WEAPONS SYSTEMS, WHERE THE FAILURE OF GIFT CARDSTHE SOFTWARE COULD LEAD TO DEATH, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, PERSONAL INJURY OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, SEVERE PHYSICAL OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYENVIRONMENTAL DAMAGE.

Appears in 1 contract

Samples: Developer License Agreement

Warranty Disclaimer. EXCEPT SUBJECT ONLY TO ANY WARRANTY RIGHTS THAT CUSTOMER MAY HAVE UNDER THE COMMERCIAL AGREEMENT, THE FOREGOING WARRANTIES ARE IN LIEU OF, AND THE PARTIES EXPRESSLY DISCLAIM, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. QRVEY SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. QRVEY MAKES NO REPRESENTATION OF ANY KIND THAT THE SOFTWARE WILL MEET THE CUSTOMER’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. CUSTOMER AGREES THAT NO COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE SHALL APPLY TO THIS AGREEMENT. CUSTOMER ACKNOWLEDGES THAT ITS ONLY REMEDIES IN RESPECT OF ANY CLAIM WHATSOEVER THAT CUSTOMER MAY WISH TO BRING AGAINST QRVEY AND ITS LICENSORS ARE AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR IN THE SLA, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ARE PROVIDED “AS IS” AND “AS AVAILABLEAGREEMENT.” QUIVERS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITY.

Appears in 1 contract

Samples: End User License Agreement

Warranty Disclaimer. TO THE GREATEST EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY PROVIDED FOR THE EXPRESS LIMITED WARRANTY SET OUT IN THIS SECTION 15 OR IN 13(A), THE SLA, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITETHE SOFTWARE, AND THE INFORMATION PROFESSIONAL SERVICES AND ANY CONTENT CONTAINED THEREON, OTHER PRODUCTS OR SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED TO CUSTOMER “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL THERE ARE NO OTHER WARRANTIES OF ANY KINDWARRANTIES, EXPRESS REPRESENTATIONS OR CONDITIONS, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THEM OR ANY WARRANTY OTHER PRODUCT, SERVICE OR MATERIAL PROVIDED HEREUNDER OR IN CONNECTION HEREWITH. XXXXXX, ITS LICENSORS AND SUPPLIERS DISCLAIM ANY IMPLIED WARRANTIES OR CONDITIONS REGARDING THE SOFTWARE, THE SERVICES, THE PROFESSIONAL SERVICES AND ANY OTHER PRODUCTS, SERVICES AND MATERIALS PROVIDED HEREUNDER OR IN CONNECTION HEREWITH, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE OR NON-INFRINGEMENT. XXXXXXX MAKES NO WARRANTY XXXXXX DOES NOT REPRESENT OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS WARRANT THAT THE SERVICES OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, THE SOFTWARE SHALL OPERATE ERROR FREE OR FREE FROM VIRUSES UNINTERRUPTED, SHALL MEET ANY OR OTHER HARMFUL COMPONENTSALL OF CUSTOMER’S PARTICULAR REQUIREMENTS, THAT ALL ERRORS OR DEFECTS IN THE SERVICES OR SOFTWARE CAN BE FOUND OR CORRECTED. XXXXXXX WITHOUT LIMITING THE FOREGOING, XXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. MAKE ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON WHATSOEVER WITH REGARD TO PRODUCTS OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, THIRD PARTIES (INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDSTHIRD PARTY COMPONENTS, THE MANNER HARDWARE, THE OPERATION OF ACCEPTING CREDIT CARDTHE INTERNET, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, NETWORK OR OTHER REQUIREMENTS COMMUNICATION SERVICES) AND ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE FOREGOING OR THE APPROPRIATENESS OF YOUR DATA MANAGEMENT SYSTEM OR THE ACCURACY OF DATA CONTAINED IN SUCH SYSTEM. NO AGREEMENTS VARYING OR EXTENDING ANY EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT SHALL BE BINDING ON EITHER PARTY UNLESS IN WRITING AND SIGNED BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYAN AUTHORIZED SIGNING OFFICER OF XXXXXX.

Appears in 1 contract

Samples: A Service Agreement

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED STATED IN THIS SECTION 15 THESE TERMS AND CONDITIONS, THE COMPANY MAKES NO EXPRESS, IMPLIED OR IN THE SLA, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL OTHER STATUTORY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, (INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENTAPPLICATION) WITH RESPECT TO ANY GOODS OR SERVICES SOLD BY COMPANY. XXXXXXX MAKES COMPANY DISCLAIMS ALL WARRANTIES ARISING FROM ANY COURSE OF DEALING OR TRADE USAGE, AND ANY BUYER OF GOODS OR SERVICES FROM COMPANY ACKNOWLEDGES THAT THERE ARE NO WARRANTIES IMPLIED BY CUSTOM OR USAGE IN THE TRADES OF THE BUYER AND OF THE COMPANY, AND THAT PRIOR DEALINGS OF BUYER WITH THE COMPANY DO NOT IMPLY COMPANY WARRANTS THE GOODS OR SERVICES IN ANY WAY. ANY BUYER OF GOODS OR SERVICES FROM THE COMPANY AGREES WITH THE COMPANY THAT THE SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF ANY WARRANTY CONCERNING THE GOODS OR REPRESENTATION REGARDING QUIVERS’ SERVICES WHETHER BASED XXXX XXXXXXXX, XXXX, XXXXXXXX, XXXXXX LIABILITY OR NEGLIGENCE, AND WHETHER FOR COMMERCIAL LOSS, PERSONAL INJURY OR OTHER MONETARY LOSS, SHALL BE AT COMPANY’S OPTION, TO REPAIR OR REPLACE THE GOODS OR SERVICES OR REFUND THE PURCHASE PRICE. THE COMPANY SHALL IN NO EVENT BE LIABLE FOR EXPENSE FOR REMOVAL, REINSTALLATION OR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES EVEN IF THE COMPANY FAILS IN ANY ATTEMPT TO REMEDY DEFECTS IN THE GOODS AND SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS BUT IN SUCH CASE THE BUYER SHALL BE ENTITLED TO NO MORE THAN A REFUND OF ALL MONIES PAID TO THE COMPANY BY THE BUYER FOR PURCHASE OF ALL GOODS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE CAUSE OF ACTION FOR BREACH OF ANY WARRANTY BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT THE COMPANY SHALL BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING BARRED UNLESS THE COMPANY RECEIVES FROM THE USE BUYER A WRITTEN NOTICE OF QUIVERS SERVICESTHE ALLEGED DEFECT OR BREACH WITHIN 20 DAYS FROM THE EARLIEST DATE ON WHICH THE BUYER COULD REASONABLY HAVE DISCOVERED THE ALLEGED DEFECT OR BREACH, AND NO ACTION FOR THE BREACH OF ANY WARRANTY SHALL BE COMMENCED BY THE BUYER LATER THAN TWELVE MONTHS FROM THE EARLIEST DATE ON WHICH THE BUYER COULD REASONABLY HAVE DISCOVERED THE ALLEGED DEFECT OR BREACH. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGALFor purposes of this paragraph, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITY“Goods” shall specifically include any and all parts thereof.

Appears in 1 contract

Samples: Terms and Conditions

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION 15 OR IN 11.1, THE SLASOFTWARE, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICESDOCUMENTATION, QUIVERS SOLUTION AND QUIVERS SITEDISKETTES, CD-ROM, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, OTHER MEDIA ARE PROVIDED ON AN “AS IS” BASIS. PTC SPECIFICALLY DISCLAIMS AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS EXCLUDES ALL OTHER WARRANTIES OF ANY KINDOR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION BUT NOT LIMITED TO CONFORMITY TO ANY WARRANTY OF REPRESENTATION OR DESCRIPTION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR PURPOSE, TITLE, NON-INFRINGEMENTINFRINGEMENT OR ANY CONDITIONS OF QUALITY OR ANY WARRANTIES ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR FITNESS FOR ULTRAHAZARDOUS ACTIVITIES. XXXXXXX PTC MAKES NO WARRANTY WHATSOEVER, EXPRESS OR REPRESENTATION REGARDING QUIVERS’ SERVICESIMPLIED, WITH RESPECT TO THE DOCUMENTATION, MAINTENANCE SERVICES AND THIRD PARTY SOFTWARE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. IN PARTICULAR, PTC SHALL NOT HAVE ANY INFORMATIONRESPONSIBILITY WHATSOEVER FOR ANY PORTIONS OF THE SOFTWARE WHICH HAVE BEEN MODIFIED BY YOU OR ON YOUR BEHALF WITHOUT PTC’S PRIOR WRITTEN CONSENT. YOU ARE RESPONSIBLE FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS, MATERIALSAND FOR THE INSTALLATION, PRODUCTS OR SERVICES USE AND RESULTS OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTSTHE SOFTWARE. XXXXXXX PTC DOES NOT WARRANT THAT THE SOFTWARE SHALL MEET YOUR REQUIREMENTS OR GUARANTEE THAT CLIENT WILL ITS OPERATION SHALL BE ABLE UNINTERRUPTED OR ERROR FREE, NOR THAT SOFTWARE ERRORS OR DEFECTS SHALL BE CORRECTED. YOU MAY HAVE CERTAIN STATUTORY RIGHTS TO ACCESS WHICH THESE EXCLUSIONS DO NOT APPLY; HOWEVER, TO THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE FULL EXTENT PERMITTED BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDSLAW, THE MANNER DURATION OF ACCEPTING CREDIT CARDSTATUTORILY REQUIRED WARRANTIES, DEBIT CARDIF ANY, OR ANY OTHER FORMS OF PAYMENT ONLINESHALL BE LIMITED TO THE WARRANTY PERIOD SET FORTH IN SECTION 11.1. MOREOVER, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION IN NO EVENT SHALL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO DEALER, AGENT OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH EMPLOYEE OF PTC IS AUTHORIZED TO MAKE ANY SUCH LEGALMODIFICATIONS, REGULATORY, EXTENSIONS OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYADDITIONS TO THIS LIMITED WARRANTY.

Appears in 1 contract

Samples: Software License Agreement

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR IN THE SLA, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, THEIR USE AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, RESULTS OF SUCH USE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE.QUIVERS EXPRESSLY DISCLAIMS ALL OTHER BASIS. COMPANY MAKES NO GUARANTEES WITH RESPECT THERETO, AND DOES NOT GUARNATEE THAT ANY INVENTORY WILL BE AVAILABLE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY MAKES NO WARRANTIES (INCLUDING THE IMPLIED WARRANTIES OF ANY KINDMERCHANTABILITY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITYSATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR PURPOSE, AND NON-INFRINGEMENT. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES), ANY INFORMATIONGUARANTEES, MATERIALSREPRESENTATIONS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICESPROMISES, STATEMENTS, ESTIMATES, CONDITIONS, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTSOTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTSOTHERWISE EXCEPT AS EXPRESSLY SET FORTH HEREIN. XXXXXXX COMPANY DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE CONVERSION RATES, PAY-UP RATES, RESPONSE RATES OR ABILITY TO ACCESS CONVERT THE QUIVERS SITE RESPONSES INTO SALES OR OTHER ACTIONS. COMPANY DOES NOT WARRANT OR GUARANTEE THE QUIVERS SERVICE APPLICATIONS AT PROFILE OR DEMOGRAPHICS OF ANY END USER OR RESPONDENT. COMPANY DOES NOT GUARANTEE TO MATCH COLORS, TEXT, PHOTO IMAGE OR SCREEN DESIGN. ALL TIMES. CLIENT UNDERSTANDS INSERTION ORDERS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENTCAMPAIGNS ARE CONTINGENT UPON COMPANY’S ABILITY TO PROCURE NECESSARY ON-LINE ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONSAND INVENTORY. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITYCOMPANY WILL MAKE GOOD FAITH EFFORTS TO MEET SCHEDULED DELIVERY OF ADVERTISEMENTS AND ONLINE DATES, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH BUT MAKES NO GUARANTEE AND WILL HAVE NO EFFECT AND LIABILITY FOR ITS FAILURE TO MEET SAID DATES, NOR WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS IT HAVE ANY LIABLITY FOR THE CONTENT OF ANY ADVERTISEMENT OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE ANY SITES, APPES OR MEDIA ON WHICH THE ADVERTISEMENT APPEARS, NOR FOR ANY DAMAGE TO CLIENT RESULTING FROM INTERRUPTIONS IN THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYSERVICE.

Appears in 1 contract

Samples: Reseller Terms and Conditions

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED SPECIFICALLY SET FORTH IN THIS SECTION 15 XXXX, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEXAGON AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IN IMPLIED, RELATING TO THE SLASOFTWARE, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICESINCLUDING, QUIVERS SOLUTION AND QUIVERS SITEBUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, HIGH RISK USE, AND NON-INFRINGEMENT. ALL WARRANTIES PROVIDED PURSUANT TO THIS XXXX ARE VOID IF FAILURE OF A WARRANTED ITEM RESULTS DIRECTLY OR INDIRECTLY FROM AN UNAUTHORIZED USE OR MISUSE OF A WARRANTED ITEM, INCLUDING, WITHOUT LIMITATION, USE OF A WARRANTED ITEM UNDER ABNORMAL OPERATING CONDITIONS OR UNAUTHORIZED MODIFICATION OR REPAIR OF A WARRANTED ITEM OR FAILURE TO ROUTINELY MAINTAIN A WARRANTED ITEM. HEXAGON DOES NOT WARRANT THAT ANY SOFTWARE WILL MEET USER’S REQUIREMENTS, AND UNDER NO CIRCUMSTANCES DOES HEXAGON WARRANT THAT ANY SOFTWARE WILL OPERATE UNINTERRUPTED OR ERROR FREE. THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ARE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES USER BEARS THE SOLE RISK OF USING THE SOFTWARE. IF ANY KIND, PART OF THIS DISCLAIMER OF EXPRESS OR IMPLIEDIMPLIED WARRANTIES IS RULED INVALID, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR THEN HEXAGON DISCLAIMS EXPRESS OR IMPLIED WARRANTIES TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. IF A PARTICULAR PURPOSE OR NON-INFRINGEMENT. XXXXXXX MAKES NO GREATER WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICESLIABILITY IS MANDATED PURSUANT TO THE LAW HELD APPLICABLE TO THIS AGREEMENT, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE THEN HEXAGON WARRANTS THE SOFTWARE AND PROVIDES LIABILITY TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE MINIMUM EXTENT REQUIRED BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYSAID LAW.

Appears in 1 contract

Samples: End User License Agreement

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS SECTION 15 OR IN THE SLAAGREEMENT, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DEVELOPER HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING INCLUDING, WITHOUT LIMITATION LIMITATION, ANY WARRANTY IMPLIED REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITYNON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICESPURPOSE, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON CONCERNING RESULTS OBTAINED FROM COMPANY, USERS, OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. SUBSCRIBERS IN CONNECTION WITH THEIR USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISKTHE DEVELOPER TECHNOLOGY AND ANY REPRESENTATIONS OR WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR COURSE OF PERFORMANCE. CLIENT EXCEPT AS EXPRESSLY SET FORTH HEREIN, DEVELOPER DOES NOT WARRANT THAT THE DEVELOPER TECHNOLOGY WILL MEET THE BUSINESS REQUIREMENTS OF COMPANY, OR THAT OPERATION OR USE THEREOF WILL BE SOLELY RESPONSIBLE FOR UNINTERRUPTED, SECURE OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION (INCLUDING THE DOCUMENTATION AND SPECIFICATIONS) WILL CREATE ANY DAMAGE TO CLIENT RESULTING FROM WARRANTY OR IN ANY WAY INCREASE THE USE SCOPE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT UNLESS MEMORIALIZED IN A WRITING SIGNED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY DEVELOPER EXPRESSLY GRANTING SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYWARRANTY.

Appears in 1 contract

Samples: Smart Online License Agreement (Smart Online Inc)

Warranty Disclaimer. TO THE GREATEST EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY FOR THE EXPRESS LIMITED WARRANTY SET OUT IN SETION 13(A), THE HOSTING SERVICES, THE SOFTWARE, AND ANY OTHER PRODUCTS OR SERVICES PROVIDED IN UNDER THIS SECTION 15 AGREEMENT OR IN THE SLA, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, CONNECTION WITH THIS AGREEMENT ARE PROVIDED TO CUSTOMER “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL THERE ARE NO OTHER WARRANTIES OF ANY KINDWARRANTIES, EXPRESS REPRESENTATIONS OR CONDITIONS, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THEM OR ANY WARRANTY OTHER PRODUCT, SERVICE OR MATERIAL PROVIDED HEREUNDER OR IN CONNECTION HEREWITH. CITYVIEW, ITS LICENSORS AND SUPPLIERS DISCLAIM ANY IMPLIED WARRANTIES OR CONDITIONS REGARDING THE SOFTWARE, THE HOSTING SERVICES, AND ANY OTHER PRODUCTS, SERVICES AND MATERIALS PROVIDED HEREUNDER OR IN CONNECTION HEREWITH, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE OR NON-INFRINGEMENT. XXXXXXX MAKES NO WARRANTY CITYVIEW DOES NOT REPRESENT OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS WARRANT THAT THE HOSTING SERVICES OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, THE SOFTWARE SHALL OPERATE ERROR FREE OR FREE FROM VIRUSES UNINTERRUPTED, SHALL MEET ANY OR OTHER HARMFUL COMPONENTSALL OF CUSTOMER’S PARTICULAR REQUIREMENTS, THAT ALL ERRORS OR DEFECTS IN THE HOSTING SERVICES OR SOFTWARE CAN BE FOUND OR CORRECTED. XXXXXXX WITHOUT LIMITING THE FOREGOING, CITYVIEW DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. MAKE ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON WHATSOEVER WITH REGARD TO PRODUCTS OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, THIRD PARTIES (INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDSTHIRD PARTY COMPONENTS, THE MANNER HARDWARE, THE OPERATION OF ACCEPTING CREDIT CARDTHE INTERNET, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, NETWORK OR OTHER REQUIREMENTS COMMUNICATION SERVICES) AND ASSUME NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE FOREGOING OR THE APPROPRIATENESS OF YOUR DATA MANAGEMENT SYSTEM OR THE ACCURACY OF DATA CONTAINED IN SUCH SYSTEM. NO AGREEMENTS VARYING OR EXTENDING ANY EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT SHALL BE BINDING ON EITHER PARTY UNLESS IN WRITING AND SIGNED BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYAN AUTHORIZED SIGNING OFFICER OF CITYVIEW.

Appears in 1 contract

Samples: Hosting Service Agreement

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR IN SECTION, THE SLA, CLIENT UNDERSTANDS SERVICE AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, PREMIUM SERVICES ARE PROVIDED “AS IS” AND “ON AN "AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS , " "AS-IS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TANIUM AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES WITH RESPECT TO THE SERVICE AND PREMIUM SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF ANY KINDNON-INFRINGEMENT, EXPRESS OR IMPLIEDTITLE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. TANIUM DOES NOT WARRANT THAT THE SERVICE OR NON-INFRINGEMENT. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS PREMIUM SERVICES WILL MEET ANY OF CLIENTCUSTOMER’S REQUIREMENTS, OR WILL CAUSE CUSTOMER TO BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE COMPLIANT WITH APPLICABLE LAW; THAT CUSTOMER’S USE OF THE SERVICE OR FREE FROM VIRUSES PREMIUM SERVICES WILL SATISFY ANY STATUTORY OR OTHER HARMFUL COMPONENTSREGULATORY OBLIGATIONS; THAT THE OPERATION OF THE SERVICE OR PREMIUM SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; OR THAT ERRORS OR DEFECTS IN THE SERVICE OR PREMIUM SERVICES WILL BE CORRECTED. XXXXXXX TANIUM DOES NOT WARRANT MAKE ANY REPRESENTATION OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS WARRANTY REGARDING THE QUIVERS SITE PERFORMANCE OR RESULTS OF THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS PREMIUM SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGALTANIUM DOES NOT PROVIDE WARRANTIES WITH RESPECT TO ANY THIRD-PARTY PRODUCTS, TAXSCRIPTS, REGULATORYCONTENT, OR OTHER REQUIREMENTSTECHNOLOGIES. NO ORAL OR WRITTEN INFORMATION OR ADVICE, INCLUDING WITHOUT LIMITATION ON THE PROVISIONINCLUDING, OPERATIONBUT NOT LIMITED TO, SUGGESTIONS, ROUTINES, SCRIPTS OR USE OF GIFT CARDSQUERIES, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY TANIUM SHALL CREATE ANY ADDITIONAL TANIUM WARRANTIES OR COLLECTED FROM ONLINE CUSTOMERSIN ANY WAY INCREASE THE SCOPE OF WARRANTIES OR TANIUM’S LIABILITY OR OBLIGATIONS UNDER THIS AGREEMENT. COMPLIANCE TANIUM HAS NO RESPONSIBILITY OR LIABILITY FOR ANY THIRD- PARTY PRODUCTS OR TECHNOLOGIES USED BY CUSTOMER WHETHER INDEPENDENTLY OR IN CONJUNCTION WITH ANY SUCH LEGALTHE SERVICE OR PREMIUM SERVICES. If applicable law affords Customer implied warranties, REGULATORYguarantees or conditions despite these exclusions, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYthose warranties will be limited to one (1) year from the Effective Date and Customer’s remedies will be limited to the maximum extent allowed by Sections 7 (Limited Warranty; Disclaimer) and 9 (Limitation of Liability).

Appears in 1 contract

Samples: Subscription Agreement

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED SET FORTH IN THIS SECTION 15 SETTLEMENT AGREEMENT, NEITHER PURDUE NOR ANY OF ITS AFFILIATES MAKES ANY REPRESENTATIONS OR IN THE SLA, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND EXTENDS ANY CONTENT CONTAINED THEREON, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR NON-INFRINGEMENT, INCLUDING WITH RESPECT TO THE PURDUE PATENTS OR ANY OTHER PATENT HELD BY PURDUE. XXXXXXX MAKES NO FURTHERMORE, UNLESS EXPRESSLY STATED IN THIS SETTLEMENT AGREEMENT, NOTHING IN THIS SETTLEMENT AGREEMENT SHALL BE CONSTRUED AS A WARRANTY THAT ANY PATENT, THE PRACTICE OF ANY INVENTION CLAIMED IN ANY PATENT OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICESOTHER PROPRIETARY RIGHTS INCLUDED IN THE PURDUE PATENTS DO NOT, OR THAT QUIVERS SERVICES WILL MEET ANY THE MAKING, HAVING MADE, USING, SELLING, OFFERING FOR SALE OR IMPORTING OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE EMBEDA® PRODUCTS BY ANY PERSON DOES NOT, INFRINGE ANY PATENT RIGHTS OR ENTITY*** Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Commission. OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. IT IS HEREBY AGREED AND ACKNOWLEDGED BY KING THAT PURDUE IS GIVING NO GUARANTEE OR WARRANTY, INCLUDING EMPLOYEES EXPRESS OR REPRESENTATIVES IMPLIED, TO KING IN RELATION TO THE SAFETY OR THERAPEUTIC EFFECTIVENESS OF QUIVERSTHE EMBEDA® PRODUCTS OR THE VALIDITY OR ENFORCEABILITY OF ANY INTELLECTUAL PROPERTY RIGHTS. FURTHER, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND KING WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH GIVE ANY SUCH LEGAL, REGULATORY, GUARANTEE OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYWARRANTY TO ANY THIRD PARTIES ON BEHALF OF PURDUE.

Appears in 1 contract

Samples: Settlement Agreement (King Pharmaceuticals Inc)

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED SPECIFIED IN THIS SECTION 15 OR IN THE SLASECTION, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIEDIMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENTINFRINGEMENT AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY DISCLAIMED EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. XXXXXXX MAKES GOOGLE AND ITS LICENSORS MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTSOTHERWISE, INCLUDING WITHOUT LIMITATION ON WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND/OR NON- INFRINGEMENT. GOOGLE ASSUMES NO RESPONSIBILITY FOR THE PROVISIONUSE OF THE SERVICE(S). GOOGLE AND ITS LICENSORS MAKE NO REPRESENTATIONS ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY OR THROUGH THE SERVICE. GOOGLE MAKES NO REPRESENTATION THAT GOOGLE (OR ANY THIRD PARTY) WILL ISSUE UPDATES OR ENHANCEMENTS TO THE SERVICE. GOOGLE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OPERATIONSO THE ABOVE EXCLUSION MAY NOT APPLY TO CUSTOMER. IN THAT EVENT, TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE EFFECTIVE DATE. THE SERVICE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USES SUCH AS THE OPERATION OF NUCLEAR FACILITIES, AIR TRAFFIC CONTROL OR LIFE SUPPORT SYSTEMS, WHERE THE FAILURE OF THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYENVIRONMENTAL DAMAGE (“HIGH RISK ACTIVITIES”).

Appears in 1 contract

Samples: Google Apps Premier Edition License

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR IN FOR THE SLALIMITED WARRANTIES STATED ABOVE, CLIENT UNDERSTANDS THE SOLUTIONS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ALL RELATED SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS CUS- TOMER’S USE OF THEM IS AT ITS OWN RISK. AVEPOINT DOES NOT MAKE, AND HEREBY SPECIFICALLY DISCLAIMS, AND CUSTOMER RELEASES AND WAIVES, ANY AND ALL OTHER WARRANTIES OF ANY KINDWARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE OR FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE, INCLUDING WITHOUT LIMITATION ANY WARRANTY BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NONNONIN- FRINGEMENT. AVEPOINT DOES NOT WARRANT THAT CUS- TOMER’S USE OF THE SOLUTIONS WILL BE UNINTERRUPTED OR ERROR-INFRINGEMENT. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICESFREE, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, NOR DOES AVEPOINT WARRANT THAT IT WILL REVIEW CUSTOMER DATA FOR ACCURACY OR THAT QUIVERS SERVICES IT WILL PRESERVE OR MAINTAIN CUSTOMER DATA WITH- OUT LOSS. AVEPOINT SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF AVEPOINT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AVEPOINT DOES NOT WARRANT THAT THE SOLUTIONS WILL MEET ANY OF CLIENTCUS- TOMER’S REQUIREMENTS, WILL OPERATE IN ANY COMBI- NATION THAT MAY BE SELECTED FOR USE BY CUSTOMER OR BE UNINTERRUPTEDIN COMBINATION WITH OTHER THIRD-PARTY SOFT- XXXX BEYOND THE THIRD-PARTY SOFTWARE EXPRESSLY APPROVED AS COMPLIANT IN THE DOCUMENTATION. EX- CEPT AS TO COMPATIBILITY OF THE LICENSED SOFTWARE AS DESCRIBED IN AVEPOINT’S DOCUMENTATION, TIMELYAVE- POINT MAKES NO WARRANTIES TO CUSTOMER WITH RE- SPECT TO CUSTOMER'S COMPUTER EQUIPMENT OR SYS- TEM SOFTWARE OR ITS CAPACITY. FURTHERMORE, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITY.6. 保証と免責

Appears in 1 contract

Samples: Master Software Licence and Subscription Agreement 本ソフトウェアライセンスおよびサブスクリプション契約

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR IN THE SLANO WARRANTIES. LICENSOR, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICESITS AFFILIATES, QUIVERS SOLUTION AND QUIVERS SITERESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO REPRESENTATION OR WARRANTY , WHETHER EXPRESS, IMPLIED, OR STATUTORY, OR ANY OTHER GUARANTEES OR CONDITIONS WITH RESPECT TO USE OF THE INFORMATION LICENSED PROGRAMS. LICENSEE’S USE OF ALL SUCH PROGRAMS ARE AT LICENSEE’S AND ANY CONTENT CONTAINED THEREON, ARE PROVIDED CUSTOMERS’ OWN RISK. LICENSOR PROVIDES THE LICENSED PROGRAMS ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES LICENSOR DOES NOT GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM, OR PROCESSED BY, THE LICENSED PROGRAMS. TO THE EXTENT PERMITTED UNDER LAW, LICENSOR EXCLUDES ANY KIND, EXPRESS OR IMPLIEDIMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR PURPOSE, WORKMANLIKE EFFORT, DATA ACCURACY, AND NON-INFRINGEMENT. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY GUARANTEE OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR OR ERROR-FREE OPERATION IS MADE. LICENSEE IS ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION, NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR FREE FROM VIRUSES PERFORMANCE THE SOFTWARE AND/OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES ACCOMPANYING MATERIALS, AND NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYSOFTWARE IN A PRODUCTION ENVIRONMENT.

Appears in 1 contract

Samples: Software Trial License Agreement

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR IN THE SLA, CLIENT UNDERSTANDS AND AGREES USER ACKNOWLEDGES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, Zoneomics SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE.QUIVERS BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Zoneomics, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIMS ALL OTHER DISCLAIM ALL, AND MAKE NO, WARRANTIES OF ANY KINDKIND (WHETHER EXPRESS, EXPRESS STATUTORY, IMPLIED OR IMPLIEDOTHERWISE ARISING IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE) WITH RESPECT TO THE Zoneomics SERVICES, INCLUDING INCLUDING, WITHOUT LIMITATION ANY WARRANTY LIMITATION, THE CONDITIONS AND/OR WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR PURPOSE, NON-INFRINGEMENT. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR LOSS OF DATA. Zoneomics FURTHER EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF OR RELATING TO ANY THIRD-PARTY SITES LINKED TO FROM THE Zoneomics SERVICES. Zoneomics DOES NOT WARRANT THAT QUIVERS THE FUNCTIONS CONTAINED IN THE Zoneomics SERVICES WILL MEET ANY USER’S REQUIREMENTS OR THAT THE OPERATION OF CLIENT’S REQUIREMENTS, THE Zoneomics SERVICE WILL BE UNINTERRUPTED OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR ERROR-FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT DEFECTS WILL BE ABLE CORRECTED. Zoneomics IS NOT OBLIGATED TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE PROVIDE USER WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYUPDATES TO THE Zoneomics SERVICES BUT MAY ELECT TO DO SO IN ITS SOLE DISCRETION.

Appears in 1 contract

Samples: Zoneomics Subscription Service Agreement

Warranty Disclaimer. To the extent applicable, Transcon warrants that the Goods shall be free from material defects in workmanship and materials, so long as such Goods are used in conformance with their intended use and in strict compliance with the instructions of Transcon, for a period of one (1) year, which period shall commence upon transfer of title to said Goods to the Customer. Notwithstanding the foregoing, in the event Customer fails to timely pay for such Goods in accordance with the Terms and Conditions set forth herein, any such warranty shall be void ab initio. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR SPECIFICALLY SET FORTH IN THE SLAAGREEMENT OR A SEPARATE WRITING, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS TRANSCON EXPRESSLY DISCLAIMS ALL AND MAKES NO OTHER WARRANTIES OF ANY KINDWHETHER EXPRESSED, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY IMPLIED OR OTHER WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND NON- INFRINGEMENT, WHICH DISCLAIMER SHALL INCLUDE, WITHOUT LIMITATION, A DISCLAIMER OF ALL WARRANTIES WITH RESPECT TO SUPPLIERS’ AND/OR NON-INFRINGEMENTVENDORS’ GOODS INCORPORATED INTO OR USED WITH THE GOODS. XXXXXXX ANY SERVICES PERFORMED BY TRANSCON ON BEHALF OF OR FOR CUSTOMER ARE PROVIDED ON AN “AS IS” BASIS AND TRANSCON MAKES NO WARRANTY WARRANTIES WHATSOEVER, EXPRESS OR REPRESENTATION REGARDING QUIVERS’ IMPLIED, WITH RESPECT TO SUCH SERVICES. TRANSCON DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO SUCH SERVICES. TRANSCON HAS NO AND EXPRESSLY DISCLAIMS ANY DUTY TO VERIFY THIRD PARTY INFORMATION, INCLUDING, WITHOUT LIMITATION, MSDS SHEETS, LABELS, AND LABELLING OBLIGATIONS, AND CUSTOMER HEREBY ACKNOWLEDGES AND AGREES THAT ANY RELIANCE BY CUSTOMER ON TRANSCON’S SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS WHICH MAY OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR MAY NOT INCLUDE THIRD PARTY INFORMATION SHALL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENTCUSTOMER’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES RISK AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYLIABILITY.

Appears in 1 contract

Samples: General Terms and Conditions

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED SET FORTH IN THIS SECTION 15 OR IN AGREEMENT, THE SLA, CLIENT UNDERSTANDS SOFTWARE AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF NEITHER PARTY MAKES ANY KINDWARRANTY, EXPRESS OR IMPLIED, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING WITHOUT LIMITATION ANY BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR NON-INFRINGEMENTNONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE AND SERVICES AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX HMH DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. MAKE ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM REGARDING THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL THE SOFTWARE OR ADVICE REGARDING LEGALSERVICES IN TERMS OF ITS CORRECTNESS, TAXACCURACY, REGULATORYRELIABILITY, OR OTHER REQUIREMENTSOTHERWISE, INCLUDING WITHOUT LIMITATION ON INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE PROVISIONSOFTWARE. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, OPERATIONRESPONSIBILITY FOR, OR USE RELATIONSHIP OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH LEGALHYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, REGULATORYHMH DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYERROR-FREE. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIES.

Appears in 1 contract

Samples: sam-cdn.education.scholastic.com

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15 BY INSTALLING, COPYING OR IN THE SLAOTHERWISE USING LIGHTING ANALYSTS’ PRODUCTS, CLIENT UNDERSTANDS ALL USERS AGREES TO TAKE AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ARE PROVIDED USE LIGHTING ANALYSTS’ PRODUCTS “AS IS”. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 7.1 (LIMITED WARRANTY) HEREOF, LIGHTING ANALYSTS MAKES AND “AS AVAILABLE.” QUIVERS EXPRESSLY ALL USERS RECEIVES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SOFTWARE, THE MATERIALS, THE PAYMENT SERVICES, IF ANY, THE MAINTENANCE, THE SUPPORT, AND/OR ANY SERVICES PROVIDED BY LIGHTING ANALYSTS. ANY STATEMENTS OR REPRESENTATIONS ABOUT THE PAYMENT SERVICES, THE LICENSED SOFTWARE, THE SOFTWARE, AND THEIR FUNCTIONALITY IN THE MATERIALS OR ANY COMMUNICATION WITH ALL USERS CONSTITUTES DESCRIPTIVE INFORMATION AND NOT AN EXPRESS WARRANTY OR GUARANTEE. IN ADDITION, LIGHTING ANALYSTS SPECIFICALLY DISCLAIMS ALL ANY OTHER WARRANTY INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LIGHTING ANALYSTS DOES NOT WARRANT THAT THE OPERATION OR NONOUTPUT OF THE SOFTWARE WILL BE ACCURATE, ERROR-INFRINGEMENTFREE, RELIABLE, COMPLETE OR UNINTERRUPTED. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATIONLIGHTING ANALYSTS DOES NOT WARRANT THAT THE SOFTWARE, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS PAYMENT SERVICES, OR THAT QUIVERS SERVICES PROVIDED HEREUNDER WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGESBUGS, AS WELL AS MAINTENANCEVIRUSES, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORYERRORS, OR OTHER REQUIREMENTSLIMITATIONS. Some states do not allow the exclusion of implied warranties, INCLUDING WITHOUT LIMITATION ON THE PROVISIONtherefore the above exclusions may not apply to All Users, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYin which case any implied warranties are limited in duration to thirty (30) days from date of purchase.

Appears in 1 contract

Samples: Terms of Use Agreement

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR IN THE SLA, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE.QUIVERS EXPRESSLY DISCLAIMS ALL OTHER BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR NON-INFRINGEMENT. XXXXXXX MAKES NO WARRANTY ADVICE OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALSWHETHER ORAL OR WRITTEN, PRODUCTS OBTAINED BY YOU FROM XXXXXXXXXX.XX OR THROUGH THE SERVICES OBTAINED THROUGH QUIVERS SERVICESWILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, XXXXXXXXXX.XX, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT QUIVERS THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT ANY CONTENT RESULTING FROM OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS DOWNLOADED OR OTHERWISE OBTAINED THROUGH, THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS THE SERVICES IS DOWNLOADED AND USED AT CLIENT’S SOLE YOUR OWN RISK. CLIENT , AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LIABILITY ARISING THEREFROM TO THE EXTENT NOT EXPRESSLY SET FORTH OTHERWISE HEREIN, INCLUDING ANY DAMAGE TO CLIENT RESULTING YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE SUCH DOWNLOAD OR YOUR USE OF QUIVERS THE SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGALFURTHER, TAXXXXXXXXXXX.XX DOES NOT WARRANT, REGULATORYENDORSE, GUARANTEE, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND XXXXXXXXXX.XX WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. FEDERAL LAW, SOME STATES, PROVINCES, AND OTHER FORMS JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF PAYMENT ONLINECERTAIN IMPLIED WARRANTIES, CURRENCY RULES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITYAPPLICABLE LAW.

Appears in 1 contract

Samples: Terms of Service August

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