Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. IN PARTICULAR, APPLE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE, OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
Appears in 23 contracts
Sources: Apple School Manager Agreement, Apple School Manager Agreement, Apple School Manager Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. IN PARTICULAR, APPLE MAKES NO WARRANTY THAT (I:
i) THE PAYROLL SOLUTION SERVICE WILL MEET YOUR REQUIREMENTS; (II;
ii) YOUR USE OF THE PAYROLL SOLUTION SERVICE WILL BE UNINTERRUPTED, TIMELY, UNINTERRUPTED, SECURE, OR FREE ERROR-FREE;
iii) THE RESULTS THAT MAY BE OBTAINED FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT THE USE OF THE PAYROLL SOLUTION SERVICE WILL BE ACCURATE OR RELIABLE;
iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PAYROLL SOLUTION SERVICE WILL MEET YOUR EXPECTATIONS; AND (IVOR
v) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE TECHNOLOGY WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. • ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PAYROLL SOLUTION SERVICE IS ACCESSED DONE AT YOUR OWN DISCRETION AND RISK, RISK AND YOU WILL BE ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FURTHER ACKNOWLEDGE THAT FROM THE FINANCIAL INSTITUTION OR A SERVICE IS PROVIDER THROUGH OR FROM THE PAYROLL SOLUTION SERVICE WILL CREATE ANY WARRANTY NOT INTENDED OR SUITABLE FOR USE EXPRESSLY STATED IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGETHESE TERMS.
Appears in 21 contracts
Sources: Standard Terms and Conditions for Business Accounts, Terms and Conditions, Standard Terms and Conditions
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE SALES ARE NOT GUARANTEED. WE CANNOT CONTROL THE SUBJECTIVE PURCHASING DECISIONS OF CONSUMERS OR BOOKSELLERS. WE CANNOT AND AGREE THAT, DO NOT GUARANTEE SALES OF THE WORK. WE MAKE NO GUARANTEES OR PROMISES AS TO THE EXTENT PERMITTED BY APPLICABLE LAWMINIMUM SUCCESS OF THE SERVICES OR THE AMOUNT OF BOOK SALES WHICH MAY RESULT FROM ANY OR ALL OF THE SERVICES. GENERAL DISCLAIMER OF WARRANTIES. EXCEPT FOR ANY WARRANTIES OR REPRESENTATIONS EXPLICITLY SET FORTH IN THIS AGREEMENT, THE SERVICE, APPLE SOFTWAREWE MAKE NO OTHER WARRANTY, AND ANY ASSOCIATED CONTENTEXPLICITLY DISCLAIM ALL OTHER WARRANTIES, FEATURE, FUNCTIONALITYCONDITIONS, OR MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS REPRESENTATIONS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ORAL OR WRITTEN, WHETHER ARISING BY LAW, COURSE OF PERFORMANCE OR DEALING, CUSTOM OR USAGE IN THE TRADE, OR OTHERWISE) WITH RESPECT TO THE SERVICES, OR ANY PART THEREOF, INCLUDING, BUT NOT LIMITED TO TO, ALL IMPLIED WARRANTIES (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FITNESS, OR SUITABILITY FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. IN PARTICULARWHETHER OR NOT WE KNOW, APPLE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELYHAVE REASON TO KNOW, UNINTERRUPTED, SECUREHAVE BEEN ADVISED, OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS ARE OTHERWISE IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD FACT AWARE OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OFPURPOSE), OR ERRORS OR INACCURACIES INWARRANTY OF TITLE, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEAND WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.
Appears in 18 contracts
Sources: Services and Distribution Agreement, Services and Distribution Agreement, Services and Distribution Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE SALES ARE NOT GUARANTEED. W E CANNOT CONTROL THE SUBJECTIVE PURCHASING DECISIONS OF CONSUMERS OR BOOKSELLERS. W E CANNOT AND AGREE THAT, DO NOT GUARANTEE SALES OF THE WORK. W E MAKE NO GUARANTEES OR PROMISES AS TO THE EXTENT PERMITTED BY APPLICABLE LAWMINIMUM SUCCESS OF THE SERVICES OR THE AMOUNT OF BOOK SALES W HICH MAY RESULT FROM ANY OR ALL OF THE SERVICES. GENERAL DISCLAIMER OF WARRANTIES. EXCEPT FOR ANY W ARRANTIES OR REPRESENTATIONS EXPLICITLY SET FORTH IN THIS AGREEMENT, THE SERVICE, APPLE SOFTWAREW E MAKE NO OTHER W ARRANTY, AND ANY ASSOCIATED CONTENTEXPLICITLY DISCLAIM ALL OTHER W ARRANTIES, FEATURE, FUNCTIONALITYCONDITIONS, OR MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS REPRESENTATIONS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ORAL OR W ▇▇▇▇▇▇, WHETHER ARISING BY LAW , COURSE OF PERFORMANCE OR DEALING, CUSTOM OR USAGE IN THE TRADE, OR OTHERW ISE) W ITH RESPECT TO THE SERVICES, OR ANY PART THEREOF, INCLUDING, BUT NOT LIMITED TO TO, ALL IMPLIED W ARRANTIES (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES W ARRANTIES OF MERCHANTABILITY, FITNESS FITNESS, OR SUITABILITY FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. IN PARTICULARW HETHER OR NOT WE KNOW , APPLE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELYHAVE REASON TO KNOW , UNINTERRUPTED, SECUREHAVE BEEN ADVISED, OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS ARE OTHERW ISE IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD FACT AW ARE OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OFPURPOSE), OR ERRORS OR INACCURACIES INWARRANTY OF TITLE, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEAND WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.
Appears in 14 contracts
Sources: Services and Distribution Agreement, Services and Distribution Agreement, Services and Distribution Agreement
Disclaimer of Warranties. YOU EXCEPT AS EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAWPROVIDED IN THIS SECTION 6, THE SERVICE, APPLE SOFTWARESERVICES, AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, CONTENT CONTAINED IN OR MATERIALS ACCESSED THROUGH THE SERVICES ARE PROVIDED ON AN "“AS IS" AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE.” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM PANTHEON SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. IN PARTICULARWITHOUT LIMITING THE FOREGOING, APPLE PANTHEON MAKES NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND THAT (I) THE SERVICE WILL SERVICES, SHALL MEET YOUR SUBSCRIBER’S, END USERS’ OR ANY OTHER PERSON’S REQUIREMENTS; (II) YOUR USE , OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, DATA OR OTHER SERVICES, OR BE COMPLETE, FREE OF THE SERVICE WILL BE HARMFUL CODE, TIMELY, UNINTERRUPTEDUNINTERRUPTED OR ERROR-FREE. ANY THIRD PARTY CONTENT, SECUREDATA, PRODUCTS OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, SERVICES OR HACKING; (III) ANY INFORMATION OBTAINED OPEN SOURCE SOFTWARE OR CODE THAT MAY BE ACCESSED BY YOU SUBSCRIBER AVAILABLE THROUGH THE SERVICES ARE MADE AVAILABLE “AS A RESULT OF IS" AND SHALL BE SUBJECT TO THE SERVICE WILL BE ACCURATE OR RELIABLE; APPLICABLE LICENSE AGREEMENTS BETWEEN SUBSCRIBER AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED SUCH THIRD PARTY AND ARE NOT SUBJECT TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. PANTHEON DOES NOT ENDORSE OR MAKE ANY MATERIAL DOWNLOADED OTHER REPRESENTATIONS OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY PROMISES REGARDING SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGETHIRD PARTY MATERIALS.
Appears in 12 contracts
Sources: Webops Services Agreement, Webops Services Agreement, Webops Services Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. IN PARTICULAR, APPLE MAKES NO WARRANTY THAT (I:
i) THE PFM SERVICE WILL MEET YOUR REQUIREMENTS; (II;
ii) YOUR USE OF THE PFM SERVICE WILL BE UNINTERRUPTED, TIMELY, UNINTERRUPTED, SECURE, OR FREE ERROR-FREE;
iii) THE RESULTS THAT MAY BE OBTAINED FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT THE USE OF THE PFM SERVICE WILL BE ACCURATE OR RELIABLE;
iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PFM SERVICE WILL MEET YOUR EXPECTATIONS; AND (IVOR
v) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE TECHNOLOGY WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. • ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PFM SERVICE IS ACCESSED DONE AT YOUR OWN DISCRETION AND RISK, RISK AND YOU WILL BE ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FURTHER ACKNOWLEDGE THAT FROM THE FINANCIAL INSTITUTION OR A SERVICE IS PROVIDER THROUGH OR FROM THE PFM SERVICE WILL CREATE ANY WARRANTY NOT INTENDED OR SUITABLE FOR USE EXPRESSLY STATED IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGETHESE TERMS.
Appears in 10 contracts
Sources: Terms and Conditions, Terms and Conditions, Terms and Conditions
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE UNDERSTAND AND AGREE THAT, TO THAT YOUR USE OF THE EXTENT PERMITTED BY APPLICABLE LAW, SERVICES IS AT YOUR RISK. YOU ALSO UNDERSTAND AND AGREE THAT THE SERVICE, APPLE SOFTWARE, SERVICES AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS PROVIDED ON AN "“AS IS" ” AND "“AS AVAILABLE" ” BASIS. APPLE YOU UNDERSTAND AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM ALL AGREE THAT WE DO NOT MAKE ANY WARRANTIES OF ANY KINDKIND AS TO THE USE OF THE SERVICES, EQUIPMENT, HARDWARE, SOFTWARE OR INTERNET PROVIDER SERVICE, OR ANY PART OF THEM, WHETHER EXPRESS EXPRESSED OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON- INFRINGEMENTNONINFRINGEMENT. IN PARTICULAR, APPLE MAKES WE MAKE NO WARRANTY THAT (I) THE SERVICE SERVICES WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, UNINTERRUPTED, SECURE, OR FREE ERROR-FREE. WE ALSO MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF USING THE SERVICE SERVICES WILL BE ACCURATE OR RELIABLE; AND (IV) , OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE SERVICES OR TECHNOLOGY WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO LOSS, INJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, CAUSED BY YOUR DEVICEINTERNET PROVIDER, COMPUTER, ANY RELATED SOFTWARE OR LOSS THE CREDIT UNION’S USE OF DATA THAT RESULTS ANY OF THEM OR ARISING IN ANY WAY FROM THE DOWNLOAD INSTALLATION, USE OR MAINTENANCE OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED YOUR PERSONAL COMPUTER HARDWARE, SOFTWARE OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEOTHER EQUIPMENT.
Appears in 8 contracts
Sources: Remote Deposit Capture Agreement, Electronic Funds Transfer Agreement, Membership and Account Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AGREE THAT YOUR USE OF ANY REMOTE BANKING SERVICE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, ALL INFORMATION AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "“AS IS" ” AND "“AS AVAILABLE" ” BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY WE DISCLAIM ALL WARRANTIES OF ANY KINDKIND AS TO THE USE OF ANY REMOTE BANKING SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON- INFRINGEMENTNONINFRINGEMENT. IN PARTICULAR, APPLE MAKES WE MAKE NO WARRANTY THAT (I) THE ANY REMOTE BANKING SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, UNINTERRUPTED, SECURE, OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION ERROR-FREE. WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) RELIABLE OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE ANY REMOTE BANKING SERVICE OR TECHNOLOGY WILL BE CORRECTED. LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM TIME OR RELATED TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIMEUSE OF, INABILITY TO USE, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS TERMINATION OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY REMOTE BANKING SERVICE, REGARDLESS OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISKFORM OF ACTION OR CLAIM (WHETHER CONTRACT, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICETORT, COMPUTERSTRICT LIABILITY OR OTHERWISE), OR LOSS EVEN IF WE HAVE BEEN INFORMED OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OFPOSSIBILITY THEREOF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED EXCEPT AS OTHERWISE REQUIRED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGELAW.
Appears in 8 contracts
Sources: Mobile Remote Deposit Agreement, Consumer Online Banking Service Agreement, Digital Banking Services Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AGREE YOUR USE OF THE SERVICES AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, ALL INFORMATION AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE BANK AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KINDKIND AS TO THE USE OF THE FM SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON- INFRINGEMENTNONINFRINGEMENT. IN PARTICULAR, APPLE MAKES BANK AND ITS SERVICE PROVIDERS MAKE NO WARRANTY THAT THE SERVICES (IA) THE SERVICE WILL MEET YOUR REQUIREMENTS; , (IIB) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, UNINTERRUPTED, SECURE, OR FREE ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE SERVICES WILL BE ACCURATE OR RELIABLE; AND , (IVD) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (E) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE SERVICES OR TECHNOLOGY WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE FM SERVICES IS ACCESSED DONE AT YOUR OWN DISCRETION AND RISK, RISK AND YOU WILL BE ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FURTHER ACKNOWLEDGE FROM BANK OR ITS SERVICE PROVIDERS THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. LIMITATION OF LIABILITY YOU AGREE THAT THE BANK AND ITS THIRD-PARTY SERVICE IS PROVIDERS WILL NOT INTENDED OR SUITABLE BE LIABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OFANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ERRORS OR INACCURACIES INEXEMPLARY DAMAGES, THE CONTENTINCLUDING, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD BUT NOT LIMITED TO DEATHDAMAGES FOR LOSS OF PROFITS, PERSONAL INJURYGOODWILL, USE, DATA, OR SEVERE PHYSICAL OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (A) THE USE OR ENVIRONMENTAL DAMAGE.THE INABILITY TO USE THE SERVICES AT BANK’S WEBSITE/MOBILE APPLICATION OR OF ANY THIRD-PARTY ACCOUNT PROVIDER'S WEBSITE/MOBILE APPLICATION; (B) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES; (C) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE FM SERVICES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA; (E) STATEMENTS OR CONDUCT OF ANYONE ON THE FM SERVICES; (F) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD-PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (G) ANY OTHER MATTER RELATING TO THE FM SERVICES. Export Restrictions
Appears in 7 contracts
Sources: Commercial Online Banking Agreement, Commercial Online Banking Agreement, Commercial Online Banking Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF, OR INABILITY TO USE, THE SERVICE, APPLE SOFTWAREOR ANY TOOLS OR FEATURES OR FUNCTIONALITY ACCESSED BY OR THROUGH THE SERVICE, IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ANY ASSOCIATED CONTENTAPPLE, FEATURE, FUNCTIONALITY, OR MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIESDIRECTORS, OFFICERS, DIRECTORSEMPLOYEES, EMPLOYEESAFFILIATES, AUTHORIZED REPRESENTATIVES, AGENTS, PARTNERS AND CONTRACTORS, RESELLERS, OR LICENSORS (COLLECTIVELY, COLLECTIVELY REFERRED TO AS “APPLE” FOR THE PURPOSES OF SECTIONS 9 7 AND 10 HEREIN) EXPRESSLY 8) HEREBY DISCLAIM ALL WARRANTIES OF ANY KINDAND CONDITIONS WITH RESPECT TO THE SERVICE, WHETHER EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING BUT NOT LIMITED TO TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, TITLE, AND NON- INFRINGEMENTNON-INFRINGEMENT OF THIRD-PARTY RIGHTS. IN PARTICULARAPPLE DOES NOT GUARANTEE, APPLE MAKES NO WARRANTY REPRESENT OR WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE SERVICE, THAT (I) THE FEATURES OR FUNCTIONALITY CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) , WILL BE SECURE, THAT YOUR USE OF OR THAT THE OPERATION OF THE SERVICE WILL BE TIMELYUNINTERRUPTED OR ERROR-FREE, UNINTERRUPTEDTHAT DEFECTS OR ERRORS WILL BE CORRECTED, SECURETHAT THE SERVICE WILL CONTINUE TO BE MADE AVAILABLE, OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THAT THE SERVICE WILL BE ACCURATE COMPATIBLE OR RELIABLE; AND (IV) WORK WITH ANY DEFECTS THIRD PARTY SOFTWARE, APPLICATIONS, CONTENT, OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THIRD PARTY SERVICES OR ANY OTHER APPLE PRODUCTS OR SERVICES, OR THAT ANY DATA OR INFORMATION STORED OR TRANSMITTED THROUGH THE SERVICE WILL NOT BE CORRECTEDLOST, CORRUPTED, DAMAGED, ATTACKED, HACKED, INTERFERED WITH OR SUBJECT TO ANY OTHER SECURITY INTRUSION. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIMETIME OR MODIFY, SUSPEND, DISCONTINUE, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. AT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISKTIME, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE WITHOUT NOTICE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALYOU. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, IN THE CONTENT, DATA OR INFORMATION PROVIDED BY OR THROUGH THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT, OR WEAPONS SYSTEMS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SHOULD THE SERVICE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
Appears in 7 contracts
Sources: Apple Business Manager Agreement, Apple Business Manager Agreement, Apple Business Manager Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AGREE YOUR USE OF AUTOBOOKS AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, ALL INFORMATION AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR OWN RISK AND IS PROVIDED ON AN "“AS IS" ” AND "“AS AVAILABLE" ” BASIS. APPLE BANK AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KINDKIND AS TO THE USE OF AUTOBOOKS, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENTNONINFRINGEMENT. IN PARTICULAR, APPLE MAKES BANK AND ITS SERVICE PROVIDERS MAKE NO WARRANTY THAT THE SERVICES (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; , (II) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, UNINTERRUPTED, SECURE, OR FREE FROM ERRORSERROR-FREE, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION THE RESULTS THAT MAY BE OBTAINED BY YOU AS A RESULT OF FROM THE SERVICE SERVICES WILL BE ACCURATE OR RELIABLE; AND , (IV) THE QUALITY OF ANY DEFECTS PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH AUTOBOOKS WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE SERVICES OR TECHNOLOGY WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE AUTOBOOKS IS ACCESSED DONE AT YOUR OWN DISCRETION AND RISK, RISK AND YOU WILL BE ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FURTHER ACKNOWLEDGE FROM BANK OR ITS SERVICE PROVDERS THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS LIMITATION OF LIABILITY YOU AGREE THAT THE BANK AND ITS THIRD PARTY SERVICE IS PROVIDERS WILL NOT INTENDED OR SUITABLE BE LIABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OFANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ERRORS OR INACCURACIES INEXEMPLARY DAMAGES, THE CONTENTINCLUDING, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD BUT NOT LIMITED TO DEATHDAMAGES FOR LOSS OF PROFITS, PERSONAL INJURYGOODWILL, USE, DATA, OR SEVERE PHYSICAL OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (I) THE USE OR ENVIRONMENTAL DAMAGE.THE INABILITY TO USE THE SERVICES AT BANK’S WEBSITE/MOBILE APPLICATION OR OF ANY THIRD PARTY ACCOUNT PROVIDER’S WEBSITE/MOBILE APPLICATION, (II) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (III) ANY PRODUCTS, DATA, INFOMRATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM AUTOBOOKS, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANMISSION OR DATA, (V) STATEMENTS OR CONDUCT OF ANYONE ON AUTOBOOKS, (VI) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NONPERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES, (VII) ANY OTHER MATTER RELATING TO AUTOBOOKS. Integrated Payables Service
Appears in 6 contracts
Sources: Commercial Online Banking Agreement, Commercial Online Banking Agreement, Commercial Online Banking Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AGREE THAT YOUR USE OF ANY REMOTE BANKING SERVICE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, ALL INFORMATION AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY WE DISCLAIM ALL WARRANTIES OF ANY KINDKIND AS TO THE USE OF ANY REMOTE BANKING SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON- INFRINGEMENTNONINFRINGEMENT. IN PARTICULAR, APPLE MAKES WE MAKE NO WARRANTY THAT (I) THE ANY REMOTE BANKING SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, UNINTERRUPTED, SECURE, OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION ERROR-FREE. WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) RELIABLE OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE ANY REMOTE BANKING SERVICE OR TECHNOLOGY WILL BE CORRECTED. LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM TIME OR RELATED TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIMEUSE OF, INABILITY TO USE, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS TERMINATION OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY REMOTE BANKING SERVICE, REGARDLESS OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISKFORM OF ACTION OR CLAIM (WHETHER CONTRACT, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICETORT, COMPUTERSTRICT LIABILITY OR OTHERWISE), OR LOSS EVEN IF WE HAVE BEEN INFORMED OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OFPOSSIBILITY THEREOF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED EXCEPT AS OTHERWISE REQUIRED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGELAW.
Appears in 6 contracts
Sources: Mobile Remote Deposit Services Agreement, Mobile Remote Deposit Services Agreement, Online Banking Terms and Conditions E Sign Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- NON-INFRINGEMENT. IN PARTICULAR, APPLE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE, OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
Appears in 6 contracts
Sources: Apple School Manager Agreement, Apple School Manager Agreement, Apple School Manager Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO EXCEPT FOR THE EXTENT PERMITTED BY APPLICABLE LAWABOVE LIMITED WARRANTY SET FORTH IN SECTION 4.1, THE ENTIRE RISK OF THE QUALITY AND PERFORMANCE OF THE SOFTWARE, SUBSCRIPTION SERVICES, WORK PRODUCT, PROFESSIONAL SERVICE, APPLE AND OTHER PRODUCTS SERVICES IS WITH CUSTOMER. EXCEPT FOR THE EXPRESS WARRANTIES SPECIFIED IN THIS SECTION 4.1, THE TRAUMASOFT IP (INCLUDING, BUT NOT LIMITED TO, THE SOFTWARE, SUBSCRIPTION SERVICES, WORK PRODUCT, PROFESSIONAL SERVICE, AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE OTHER PRODUCTS SERVICES) IS PROVIDED ON AN "“AS IS" ” AND "AS AVAILABLE" BASIS. APPLE TRAUMASOFT AND ITS TRAUMASOFT’S AFFILIATES, SUBSIDIARIES, OFFICERSNOMINEES AND/OR RELATED PARTIES, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES ANY PROVIDERS OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY INFORMATION OR SERVICES TO TRAUMASOFT DISCLAIM ALL WARRANTIES OF ANY KINDWARRANTIES, WHETHER EXPRESS EITHER EXPRESS, IMPLIED STATUTORY, OR IMPLIEDOTHERWISE, INCLUDING BUT NOT LIMITED TO THE WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN PARTICULARSECTION 4.1, APPLE TRAUMASOFT MAKES NO WARRANTY OF ANY KIND THAT THE TRAUMASOFT IP (I) INCLUDING, BUT NOT LIMITED TO, THE SERVICE SOFTWARE, SUBSCRIPTION SERVICES, WORK PRODUCT, PROFESSIONAL SERVICE, AND OTHER PRODUCTS SERVICES), OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR CUSTOMER’S OR ANY OTHER PERSON'S REQUIREMENTS; (II) YOUR USE , OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF THE SERVICE WILL BE TIMELYHARMFUL CODE, UNINTERRUPTED, SECURE, OR ERROR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR THAT ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OR PRODUCTS OF THE SERVICE SUPPORT WILL BE CORRECTED. YOU TRAUMASOFT’S LIMITED WARRANTY IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF TRAUMASOFT FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE, SUBSCRIPTION SERVICES, WORK PRODUCT, PROFESSIONAL SERVICE, AND OTHER PRODUCTS SERVICES. THE PARTIES AGREE THAT FROM TIME THE FAILURE OF THE SOFTWARE OR SUBSCRIPTION SERVICES TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE PERFORM IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED DOCUMENTATION OR OTHERWISE OBTAINED THROUGH A DECREASE IN THE USE FUNCTIONALITY OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL SOFTWARE WHICH CANNOT BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS REMEDIED SHALL NOT BE CONSIDERED A FAILURE OF DATA THAT RESULTS FROM THE DOWNLOAD ESSENTIAL PURPOSE OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEREMEDIES CONTAINED HEREIN.
Appears in 5 contracts
Sources: Master Subscription and Services Agreement, Master Subscription and Services Agreement, Master Subscription and Services Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AGREE THAT YOUR USE OF ANY REMOTE BANKING SERVICE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, ALL INFORMATION AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "“AS IS" ” AND "“AS AVAILABLE" ” BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY WE DISCLAIM ALL WARRANTIES OF ANY KINDKIND AS TO THE USE OF ANY REMOTE BANKING SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON- INFRINGEMENTNONINFRINGEMENT. IN PARTICULAR, APPLE MAKES WE MAKE NO WARRANTY THAT (I) THE ANY REMOTE BANKING SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, UNINTERRUPTED, SECURE, OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION ERROR-FREE. WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) RELIABLE OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE ANY REMOTE BANKING SERVICE OR TECHNOLOGY WILL BE CORRECTED. LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM TIME OR RELATED TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIMEUSE OF, INABILITY TO USE, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS TERMINATION OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY REMOTE BANKING SERVICE, REGARDLESS OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISKFORM OF ACTION OR CLAIM (WHETHER CONTRACT, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICETORT, COMPUTERSTRICT LIABILITY OR OTHERWISE), OR LOSS EVEN IF WE HAVE BEEN INFORMED OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALPOSSIBILITY THEREOF, EXCEPT AS OTHERWISE REQUIRED BY LAW. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEFinancial Information. You must inform us immediately of any material change in your financial circumstances or in any of the information provided in your enrollment for any Remote Banking services. You agree to provide us any financial information we reasonably request during the term of this Agreement. You authorize us to review your history from time to time.
Appears in 5 contracts
Sources: Online Banking Service Agreement, Online and Mobile Banking Agreement, Online and Mobile Banking Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE THAT USE OF ANY REMOTE BANKING SERVICE, APPLE SOFTWARE. INCLUDING MOBILE DEPOSIT, AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "“AS IS" ” AND "“AS AVAILABLE" ” BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM BANK DISCLAIMS ALL WARRANTIES OF ANY KINDKIND AS TO THE USE OF ANY REMOTE BANKING SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. THE BANK MAKE SNO WARRANTY THAT ANY REMOTE BANKING SERVICE, AND NON- INFRINGEMENTINCLUDING MOBILE DEPOSIT, WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. IN PARTICULAR, APPLE THE BANK MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL RESULTS THAT MAY BE TIMELY, UNINTERRUPTED, SECURE, OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) RELIABLE OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE ANY REMOTE BANKING SERVICE, INCLUDING MOBILE DEPOSIT, OR TECHNOLOGY WILL BE CORRECTED. LIMITATION OF LIABILITY. YOU AGREE THAT THE BANK WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM TIME OR RELATED TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIMEUSE OF, INABILITY TO USE, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS TERMINATION OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY REMOTE BANKING SERVICE, INCLUDING MOBILE DEPOSIT, REGARDLESS OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISKFORM OF ACTION OR CLAIM (WHETHER CONTRACT, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICETORT, COMPUTERSTRICT LIABILITY OR OTHERWISE), OR LOSS EVEN IF THE BANK HAS BEEN INFORMED OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OFPOSSIBILITY THEREOF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED EXCEPT AS OTHERWISE REQUIRED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGELAW.
Appears in 4 contracts
Sources: Online Business Banking Agreement, Online Business Banking Agreement, Online Business Banking Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE I AGREE THAT MY USE OF ANY REMOTE BANKING SERVICE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, ALL INFORMATION AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT MY RISK AND IS PROVIDED ON AN "“AS IS" ” AND "“AS AVAILABLE" ” BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY WE DISCLAIM ALL WARRANTIES OF ANY KINDKIND AS TO THE USE OF ANY REMOTE BANKING SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON- NON-INFRINGEMENT. IN PARTICULAR, APPLE MAKES WE MAKE NO WARRANTY THAT (I) THE ANY REMOTE BANKING SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE OUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, UNINTERRUPTED, SECURE, OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION ERROR-FREE. WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) RELIABLE OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE ANY REMOTE BANKING SERVICE OR TECHNOLOGY WILL BE CORRECTED. YOU I AGREE THAT YOU WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES INCURRED BY ME OR ANY THIRD PARTY ARISING FROM TIME OR RELATED TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIMEUSE OF, INABILITY TO USE, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS TERMINATION OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY REMOTE BANKING SERVICE, REGARDLESS OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISKFORM OF ACTION OR CLAIM (WHETHER CONTRACT, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICETORT, COMPUTERSTRICT LIABILITY OR OTHERWISE), OR LOSS EVEN IF WE HAVE BEEN INFORMED OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALPOSSIBILITY THEREOF, EXCEPT AS OTHERWISE REQUIRED BY LAW. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OFYou may change the terms and charges for the Services indicated in this Disclosure and Agreement by notifying me of such change in writing and may amend, OR ERRORS OR INACCURACIES INmodify, THE CONTENTadd to, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEor delete from this Disclosure and Agreement from time to time. My use of the Services after receipt of notification of any change by you constitutes my acceptance of the change.
Appears in 4 contracts
Sources: Mobile Deposit Agreement, Mobile Deposit Agreement, Mobile Deposit Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AGREE THAT YOUR USE OF THE EXTERNAL LOAN PAYMENT SERVICE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, ALL INFORMATION AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "“AS IS" ” AND "“AS AVAILABLE" ” BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY WE DISCLAIM ALL WARRANTIES OF ANY KINDKIND AS TO THE USE OF ANY OF THE EXTERNAL LOAN PAYMENT SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON- INFRINGEMENTNONINFRINGEMENT. IN PARTICULAR, APPLE MAKES WE MAKE NO WARRANTY THAT (I) THE EXTERNAL LOAN PAYMENT SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, UNINTERRUPTED, SECURE, OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT ERROR-FREE. LIMITATION OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTEDLIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM TIME OR RELATED TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIMEUSE OF, INABILITY TO USE, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS TERMINATION OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISKEXTERNAL LOAN PAYMENT SERVICE, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICEREGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, COMPUTERTORT, STRICT LIABILITY OR LOSS OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OFPOSSIBILITY THEREOF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED EXCEPT AS OTHERWISE REQUIRED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGELAW.
Appears in 4 contracts
Sources: External Loan Payment Service Agreement, External Loan Payment Service Agreement, External Loan Payment Service Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AGREE YOUR USE OF THIS SERVICE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, ALL INFORMATION AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATESTO THE EXTENT ALLOWED BY LAW, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY WE DISCLAIM ALL WARRANTIES OF ANY KINDKIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON- INFRINGEMENTNONINFRINGEMENT. IN PARTICULAR, APPLE MAKES WE MAKE NO WARRANTY THAT THE SERVICES (Ii) THE SERVICE WILL MEET YOUR REQUIREMENTS; , (IIii) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, UNINTERRUPTED, SECURE, OR FREE ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IViv) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE OR TECHNOLOGY WILL BE CORRECTED. YOU AGREE THAT NO ORAL OR WRITTEN ADVICE OR REPRESENTATION OBTAINED FROM TIME TO TIME APPLE MAY REMOVE ANY BANK EMPLOYEE OR REPRESENTATIVE SHALL CREATE A WARRANTY OR REPRESENTATION FOR PURPOSES OF THIS AGREEMENT OR THE SERVICE FOR INDEFINITE PERIODS OF TIMETO BE PERFORMED PURSUANT HERETO. THE BANK MAKES ABSOLUTELY NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, IN LAW OR IN FACT, TO YOU OR TO ANY OTHER PERSON AS TO ANY COMPUTER HARDWARE, SOFTWARE OR EQUIPMENT IN CONNECTION WITH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, YOUR MOBILE DEVICE OR RELATED EQUIPMENT, YOUR COMPUTER SYSTEMS OR RELATED EQUIPMENT, YOUR SOFTWARE, OR CANCEL YOUR INTERNET SERVICE PROVIDER OR ITS EQUIPMENT, OR AS TO THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED SUITABILITY OR OTHERWISE OBTAINED THROUGH THE USE COMPATIBILITY OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISKBANK'S SOFTWARE, AND INTERNET DELIVERED SERVICE, EQUIPMENT OR COMMUNICATION INTERFACES WITH THOSE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTERUSE, OR LOSS AS TO WHETHER ANY SOFTWARE OR INTERNET DELIVERED SERVICE WILL PERFORM IN AN UNINTERRUPTED MANNER, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED MERCHANTABILITY OR SUITABLE FITNESS FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEA PARTICULAR PURPOSE.
Appears in 4 contracts
Sources: Online and Mobile Terms and Conditions of Service, Online and Mobile Terms and Conditions of Service, Online and Mobile Terms and Conditions of Service
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AGREE YOUR USE OF THE SERVICES AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, ALL INFORMATION AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE WE, AND ITS AFFILIATESOUR SERVICE PROVIDERS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KINDKIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. WE, AND NON- INFRINGEMENT. IN PARTICULAROUR SERVICE PROVIDERS, APPLE MAKES MAKE NO WARRANTY THAT THE SERVICES (Ii) THE SERVICE WILL MEET YOUR REQUIREMENTS; , (IIii) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, UNINTERRUPTED, SECURE, OR FREE ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE SERVICES WILL BE ACCURATE OR RELIABLE; AND , (IViv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE SERVICES OR TECHNOLOGY WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE SERVICES IS ACCESSED DONE AT YOUR OWN DISCRETION AND RISK, RISK AND YOU WILL BE ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FINANCIAL INSTITUTION OR ITS SERVICE PROVIDERS THROUGH OR FROM THE SERVICES WILL CREATE ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS WARRANTY NOT INTENDED OR SUITABLE FOR USE EXPRESSLY STATED IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGETHESE TERMS.
Appears in 4 contracts
Sources: User Agreement, User Agreement, Terms of Service
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE UNDERSTAND AND AGREE THAT, THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. YOU ALSO UNDERSTAND AND AGREE THAT THE SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU UNDERSTAND AND AGREE THAT WE DO NOT MAKE ANY WARRANTIES OF ANY KIND AS TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SERVICE, APPLE SOFTWAREEQUIPMENT, AND ANY ASSOCIATED CONTENTHARDWARE, FEATURE, FUNCTIONALITYSOFTWARE OR INTERNET PROVIDER SERVICE, OR MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES ANY PART OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KINDTHEM, WHETHER EXPRESS EXPRESSED OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON- INFRINGEMENT. IN PARTICULAR, APPLE MAKES WE MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, UNINTERRUPTED, SECURE, OR FREE ERROR-FREE. WE ALSO MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF USING THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) , OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE OR TECHNOLOGY WILL BE CORRECTED. WE ARE NOT RESPONSIBLE FOR ANY LOSS, INJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, CAUSED BY YOUR INTERNET PROVIDER, ANY RELATED SOFTWARE OR CREDIT UNION’S USE OF ANY OF THEM OR ARISING IN ANY WAY FROM THE INSTALLATION, USE OR MAINTENANCE OF YOUR PERSONAL COMPUTER HARDWARE, SOFTWARE OR OTHER EQUIPMENT. YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, LOSS OF DATA OR OTHER LOSSES RESULTING FROM TIME OR ATTRIBUTABLE TO TIME APPLE MAY REMOVE THE USE OR THE INABILITY TO USE THE SERVICE FOR INDEFINITE PERIODS INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR ATTRIBUTABLE TO THE USE OF, INABILITY TO USE, THE TERMINATION OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTERSERVICE, OR LOSS YOUR BREACH OF DATA THAT RESULTS FROM THIS AGREEMENT, REGARDLESS OF THE DOWNLOAD FORM OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEPOSSIBILITY THEREOF.
Appears in 4 contracts
Sources: Mobile Deposit Agreement, Mobile Deposit Agreement, Mobile Deposit Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE THAT USE OF ANY REMOTE BANKING SERVICE, APPLE SOFTWARE. INCLUDING MOBILE DEPOSIT, AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "“AS IS" ” AND "“AS AVAILABLE" ” BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM BANK DISCLAIMS ALL WARRANTIES OF ANY KINDKIND AS TO THE USE OF ANY REMOTE BANKING SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. THE BANK MAKE SNO WARRANTY THAT ANY REMOTE BANKING SERVICE, AND NON- INFRINGEMENTINCLUDING MOBILE DEPOSIT, WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. IN PARTICULAR, APPLE THE BANK MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL RESULTS THAT MAY BE TIMELY, UNINTERRUPTED, SECURE, OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) RELIABLE OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE ANY REMOTE BANKING SERVICE, INCLUDING MOBILE DEPOSIT, OR TECHNOLOGY WILL BE CORRECTED. S. LIMITATION OF LIABILITY YOU AGREE THAT THE BANK WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM TIME OR RELATED TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIMEUSE OF, INABILITY TO USE, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS TERMINATION OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY REMOTE BANKING SERVICE, INCLUDING MOBILE DEPOSIT, REGARDLESS OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISKFORM OF ACTION OR CLAIM (WHETHER CONTRACT, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICETORT, COMPUTERSTRICT LIABILITY OR OTHERWISE), OR LOSS EVEN IF THE BANK HAS BEEN INFORMED OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OFPOSSIBILITY THEREOF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED EXCEPT AS OTHERWISE REQUIRED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGELAW.
Appears in 4 contracts
Sources: Personal Online Banking Agreement, Personal Online Banking Agreement, Personal Online Banking Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO EXCEPT FOR THE EXTENT PERMITTED BY APPLICABLE LAWABOVE LIMITED WARRANTY SET FORTH IN SECTION 7.1, THE SERVICE, APPLE ENTIRE RISK OF THE QUALITY AND PERFORMANCE OF THE SOFTWARE, SERVICES, SUPPORT AND ANY ASSOCIATED CONTENTPRODUCTS IS WITH MEDICAL PRACTICE. EXCEPT FOR THE EXPRESS WARRANTIES SPECIFIED IN THIS SECTION 7, FEATURETHE EZDERM IP (INCLUDING, FUNCTIONALITYBUT NOT LIMITED TO, OR MATERIALS ARE THE SERVICES, SUPPORT, ADDITIONAL SERVICES, DOCUMENTATION, SOFTWARE AND SUBSCRIPTION) IS PROVIDED ON AN "“AS IS" ” AND "AS AVAILABLE" BASIS. APPLE EZDERM AND ITS EZDERM’S AFFILIATES, SUBSIDIARIES, OFFICERSNOMINEES AND/OR RELATED PARTIES, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES ANY PROVIDERS OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY INFORMATION OR SERVICES TO EZDERM DISCLAIM ALL WARRANTIES OF ANY KINDWARRANTIES, WHETHER EXPRESS EITHER EXPRESS, IMPLIED STATUTORY, OR IMPLIEDOTHERWISE, INCLUDING BUT NOT LIMITED TO THE WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN PARTICULARSECTION 7.1, APPLE EZDERM MAKES NO WARRANTY OF ANY KIND THAT THE EZDERM IP (I) INCLUDING, BUT NOT LIMITED TO, THE SERVICE SERVICES, SUPPORT, ADDITIONAL SERVICES, DOCUMENTATION, SOFTWARE, AND SUBSCRIPTION), OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR MEDICAL PRACTICE’S OR ANY OTHER PERSON'S REQUIREMENTS; (II) YOUR USE , OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF THE SERVICE WILL BE TIMELYHARMFUL CODE, UNINTERRUPTED, SECURE, OR ERROR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR THAT ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OR PRODUCTS OF THE SERVICE SUPPORT WILL BE CORRECTED. YOU EZDERM’S LIMITED WARRANTY IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF EZDERM FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE, THE SERVICES, OR PRODUCTS OF THE SUPPORT. THE PARTIES AGREE THAT FROM TIME THE FAILURE OF THE SOFTWARE TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE PERFORM IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED DOCUMENTATION OR OTHERWISE OBTAINED THROUGH A DECREASE IN THE USE FUNCTIONALITY OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL SOFTWARE WHICH CANNOT BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS REMEDIED SHALL NOT BE CONSIDERED A FAILURE OF DATA THAT RESULTS FROM THE DOWNLOAD ESSENTIAL PURPOSE OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEREMEDIES CONTAINED HEREIN.
Appears in 4 contracts
Sources: Master Subscription and Services Agreement, Master Subscription and Services Agreement, Master Subscription and Services Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE UNDERSTAND AND AGREE THAT: • YOUR USE OF THE PFM SERVICE AND ALL INFORMATION, TO PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE EXTENT PERMITTED BY APPLICABLE LAW, PFM SERVICE IS AT YOUR SOLE RISK. THE SERVICE, APPLE SOFTWARE, AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE PFM SERVICE IS PROVIDED ON AN "“AS IS" ” AND "“AS AVAILABLE" ” BASIS. APPLE THE FINANCIAL INSTITUTION AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) SERVICE PROVIDERS EACH EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KINDKIND AS TO THE PFM SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE PFM SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON- NON-INFRINGEMENT. IN PARTICULAR, APPLE MAKES • THE FINANCIAL INSTITUTION AND SERVICE PROVIDERS MAKE NO WARRANTY THAT (ITHAT:
i) THE PFM SERVICE WILL MEET YOUR REQUIREMENTS; (II;
ii) YOUR USE OF THE PFM SERVICE WILL BE UNINTERRUPTED, TIMELY, UNINTERRUPTED, SECURE, OR FREE ERROR- FREE;
iii) THE RESULTS THAT MAY BE OBTAINED FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT THE USE OF THE PFM SERVICE WILL BE ACCURATE OR RELIABLE;
iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PFM SERVICE WILL MEET YOUR EXPECTATIONS; AND (IVOR
v) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE TECHNOLOGY WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. • ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PFM SERVICE IS ACCESSED DONE AT YOUR OWN DISCRETION AND RISK, RISK AND YOU WILL BE ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FURTHER ACKNOWLEDGE THAT FROM THE FINANCIAL INSTITUTION OR A SERVICE IS PROVIDER THROUGH OR FROM THE PFM SERVICE WILL CREATE ANY WARRANTY NOT INTENDED OR SUITABLE FOR USE EXPRESSLY STATED IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGETHESE TERMS.
Appears in 4 contracts
Sources: Direct Service Agreement, Direct Services and Mobile Payment Services Agreement, Mobile Payment Services Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AGREE YOUR USE OF THE SERVICES AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, ALL INFORMATION AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE WE, AND ITS AFFILIATESOUR SERVICE PROVIDERS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KINDKIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. WE, AND NON- INFRINGEMENT. IN PARTICULAROUR SERVICE PROVIDERS, APPLE MAKES MAKE NO WARRANTY THAT THE SERVICES (Ii) THE SERVICE WILL MEET YOUR REQUIREMENTS; , (IIii) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, UNINTERRUPTED, SECURE, OR FREE ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE SERVICES WILL BE ACCURATE OR RELIABLE; AND , (IViv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE SERVICES OR TECHNOLOGY WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY CORRECTED.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE SERVICES IS ACCESSED DONE AT YOUR OWN DISCRETION AND RISK, RISK AND YOU WILL BE ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FURTHER ACKNOWLEDGE FROM FINANCIAL INSTITUTION OR ITS SERVICE PROVIDERS THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. 13. LIMITATION OF LIABILITY. YOU AGREE THAT THE FINANCIAL INSTITUTION AND ITS THIRD- PARTY SERVICE IS PROVIDERS WILL NOT INTENDED BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR SUITABLE EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OFLOSS OF PROFITS, OR ERRORS OR INACCURACIES INGOODWILL, THE CONTENTUSE, DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SERVICES AT OUR WEBSITE/MOBILE APPLICATION OR OF ANY THIRD-PARTY ACCOUNT PROVIDER'S WEBSITE/MOBILE APPLICATION; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION PROVIDED BY OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE COULD LEAD SERVICES, (iv) UNAUTHORIZED ACCESS TO DEATHOR ALTERATION OF YOUR TRANSMISSION OR DATA, PERSONAL INJURY(v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES, (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD-PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBLITY OF SUCH DAMAGES, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE(vii) ANY OTHER MATTER RELATING TO THE SERVICES.
Appears in 4 contracts
Sources: End User License Agreement, End User License Agreement, Personal Finance Account Aggregation Service Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AGREE YOUR USE OF THE SERVICES AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, ALL INFORMATION AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE WE, AND ITS AFFILIATESOUR SERVICE PROVIDERS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KINDKIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. WE, AND NON- INFRINGEMENT. IN PARTICULAROUR SERVICE PROVIDERS, APPLE MAKES MAKE NO WARRANTY THAT THE SERVICES (Ii) THE SERVICE WILL MEET YOUR REQUIREMENTS; , (IIii) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, UNINTERRUPTED, SECURE, OR FREE ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE SERVICES WILL BE ACCURATE OR RELIABLE; AND , (IViv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE SERVICES OR TECHNOLOGY WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY CORRECTED.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE SERVICES IS ACCESSED DONE AT YOUR OWN DISCRETION AND RISK, RISK AND YOU WILL BE ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FURTHER ACKNOWLEDGE THAT FROM SNB OR ITS SERVICE PROVIDERS THROUGH OR FROM THE SERVICE IS SERVICES WILL CREATE ANY WARRANTY NOT INTENDED OR SUITABLE FOR USE EXPRESSLY STATED IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGETHESE TERMS.
Appears in 4 contracts
Sources: Online Service E Sign Disclosure and Online Banking Agreement and Disclosure, Online Service E Sign Disclosure and Online Banking Agreement and Disclosure, Online Service E Sign Disclosure and Online Banking Agreement and Disclosure
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE i3 AND AGREE THATITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE EXTENT PERMITTED BY APPLICABLE LAWRELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICECMS OR ANY CONTENT EXCEPT AS OTHERWISE SPECIFICALLY HEREIN PROVIDED, APPLE I3 AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE CMS WILL BE SECURE, ACCESSIBLE, TIMELY, FREE FROM CORRUPTION, THAT DATA WILL BE UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, AND SYSTEM OR DATA, (B) THE CMS WILL MEET THE COMPANY’S REQUIREMENTS OR EXPECTATIONS, (C) ANY ASSOCIATED CONTENTSTORED DATA WILL BE ACCURATE, FEATURERELIABLE OR FREE FROM CORRUPTION, FUNCTIONALITY(D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR MATERIALS OTHER MATERIAL PURCHASED OR OBTAINED BY THE COMPANY THROUGH THE CMS WILL MEET THE COMPANY’S REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED (F) THE STORED DATA WILL BE USED AND/OR DISCLOSED SOLELY BY OR TO THE COMPANY, OR THE CMS OR THE SERVER(S) THAT MAKE THE CMS AVAILABLE ARE PROVIDED ON AN "FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR HOSTILE OR INTRUSIVE SOFTWARE. EXCEPT AS IS" HEREIN SPECIFICALLY SET FORTH, ALL CONDITIONS, REPRESENTATIONS AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KINDWARRANTIES, WHETHER EXPRESS OR EXPRESS, IMPLIED, INCLUDING BUT NOT LIMITED TO THE STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY i3 AND NON- INFRINGEMENTITS LICENSORS. IN PARTICULAR, APPLE MAKES NO WARRANTY THAT (I) EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE, OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS COMPANY IN THE SOFTWARE PROVIDED TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO YOU AS PART OF THE SERVICE WILL SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE CORRECTED. YOU AGREE THAT FROM TIME LIABLE TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE ANYONE FOR ANY DAMAGE TO YOUR DEVICEINDIRECT, COMPUTERPUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING REGULATORY FINE OR PENALTY, LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED DATA, REVENUE, PROFITS, USE OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR ERRORS IN ANY WAY CONNECTED WITH THE CMS, INCLUDING BUT NOT LIMITED TO THE USE OR INACCURACIES ININABILITY TO USE THE CMS, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE CMS, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, IN THE CONTENT, DATA EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR INFORMATION PROVIDED BY SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEPOSSIBILITY OF SUCH DAMAGES.
Appears in 4 contracts
Sources: CMS & Alert Center Solution Agreement, CMS & Alert Center Solution Agreement, CMS & Alert Center Solution Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE EXCEPT FOR LICENSOR'S EXPRESS WARRANTIES SET FORTH IN SECTION 12.1, SECTION 12.2 AND AGREE THATSECTION 12.3, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, ALL SERVICES AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR LICENSOR MATERIALS ARE PROVIDED ON AN "“AS IS" ” AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM LICENSOR HEREBY DISCLAIMS ALL WARRANTIES OF ANY KINDWARRANTIES, WHETHER EXPRESS OR EXPRESS, IMPLIED, INCLUDING BUT NOT LIMITED TO THE STATUTORY OR OTHER, AND LICENSOR SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. IN PARTICULARLICENSOR DOES NOT PROVIDE ANY INVESTMENT ADVISORY SERVICE, APPLE DUE DILIGENCE, BROKERAGE, FINANCIAL MANAGEMENT, TAX, ACCOUNTING OR ANY OTHER PROFESSIONAL SERVICE, AND ANY ADVICE OR OTHER INFORMATION OBTAINED THROUGH LICENSOR’S PRODUCTS AND SERVICES WILL BE USED BY LICENSEE AND ITS AUTHORIZED USERS SOLELY AT THEIR OWN RISK. WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY OF ANY KIND THAT (I) THE SERVICE SERVICES OR LICENSOR MATERIALS, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR LICENSEE’S OR ANY OTHER PERSON’S REQUIREMENTS; (II) YOUR USE , OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR FREE. ALL THIRD PARTY MATERIALS ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD PARTY MATERIALS IS STRICTLY BETWEEN LICENSEE AND THE THIRD PARTY OWNER OR DISTRIBUTOR OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE, OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGETHIRD PARTY MATERIALS.
Appears in 4 contracts
Sources: User Agreement, User Agreement, User Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AGREE THAT YOUR USE OF THE SERVICE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, ALL INFORMATION AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE CONTENT (INCLUDING THAT OF THIRD PARTY SERVICE PROVIDERS) IS AT YOUR RISK AND IS PROVIDED ON AN "“AS IS" ” AND "“AS AVAILABLE" ” BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY WE DISCLAIM ALL WARRANTIES OF ANY KINDKIND AS TO THE USE OF ANY REMOTE BANKING SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON- INFRINGEMENTNONINFRINGEMENT. IN PARTICULAR, APPLE MAKES WE MAKE NO WARRANTY THAT (I) THE ANY REMOTE BANKING SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, UNINTERRUPTED, SECURE, OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION ERROR-FREE. WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) RELIABLE OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE ANY REMOTE BANKING SERVICE OR TECHNOLOGY WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THERE ARE CERTAIN SECURITY, CORRUPTION, TRANSMISSION ERROR AND AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE SERVICE IS NOT INTENDED INTERNET, AND TELECOMMUNICATION LINES OR SUITABLE CIRCUITS. YOU HEREBY ASSUME ALL OF THE FOREGOING RISKS. YOU AGREE THAT NO ORAL OR WRITTEN ADVICE OR REPRESENTATION OBTAINED FROM ANY BANK EMPLOYEE OR REPRESENTATIVE SHALL CREATE A WARRANTY OR REPRESENTATION FOR USE IN SITUATIONS PURPOSES OF THIS AGREEMENT OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGESERVICE.
Appears in 4 contracts
Sources: Mobile Banking Agreement, Online Banking Agreement, Online Banking Agreement
Disclaimer of Warranties. THE FOLLOWING DISCLAIMER SHALL APPLY TO YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, . YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE, APPLE SOFTWARE, AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND THAT YOUR USE OF OR RELIANCE ON EITHER IS AT YOUR SOLE RISK AND DISCRETION. APPLE ASURION HEREBY DISCLAIMS ANY AND ITS AFFILIATESALL REPRESENTATIONS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS WARRANTIES AND LICENSORS (COLLECTIVELY, “APPLE” FOR GUARANTIES REGARDING THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KINDSERVICES, WHETHER EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING BUT NOT LIMITED TO AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. IN PARTICULARFURTHERMORE, APPLE ASURION MAKES NO WARRANTY THAT (IA) THE SERVICE SERVICES WILL MEET YOUR REQUIREMENTS; (IIB) YOUR USE OF THE SERVICE SERVICES WILL BE AVAILABLE, TIMELY, UNINTERRUPTEDCURRENT, SECUREACCURATE, RELIABLE, COMPLETE, SECURE OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKINGERROR-FREE; (IIIC) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU AS A RESULT OF THROUGH THE SERVICE SERVICES WILL BE ACCURATE AS REPRESENTED OR RELIABLEMEET YOUR EXPECTATIONS; AND OR (IVD) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ASURION OR THE SERVICES SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT FROM TIME ASURION HAS NO OBLIGATION TO TIME APPLE MAY REMOVE SUPPORT OR MAINTAIN THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALSERVICES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE SERVICE IS ASURION MIGHT NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD BE ABLE TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.OFFER THE
Appears in 4 contracts
Sources: Terms of Service, Terms of Service, Terms of Service
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AGREE YOUR USE OF THE SERVICES AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, ALL INFORMATION AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "“AS IS" ” AND "“AS AVAILABLE" ” BASIS. APPLE WE, AND ITS AFFILIATESOUR SERVICE PROVIDERS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KINDKIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGMENT. WE, AND NON- INFRINGEMENT. IN PARTICULAROUR SERVICE PROVIDERS, APPLE MAKES MAKE NO WARRANTY THAT THE SERVICES (Ii) THE SERVICE WILL MEET YOUR REQUIREMENTS; , (IIii) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, UNINTERRUPTED, SECURE, OR FREE ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE SERVICES WILL BE ACCURATE OR RELIABLE; AND , (IViv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE SERVICES OR TECHNOLOGY WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE SERVICES IS ACCESSED DONE AT YOUR OWN DISCRETION AND RISK, RISK AND YOU WILL BE ARE SOLELY RESPONSIBLE RESOPNSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FINANCIAL INSTITITION OR ITS SERVICE PROVIDERS THROUGH OR FROM THE SERVICES WILL CREATE ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS WARRANTY NOT INTENDED OR SUITABLE FOR USE EXPRESSLY STATED IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGETHESE TERMS.
Appears in 4 contracts
Sources: Retail Online Agreement and Disclosure, User Agreement, User Agreement
Disclaimer of Warranties. TREND MICRO PRODUCTS/SERVICES MAY CONTAIN OR TREND MICRO MAY PROVIDE TO YOU EXPRESSLY ACKNOWLEDGE THIRD PARTY HARDWARE, PRODUCTS, SOFTWARE, OR PROGRAMMING, OR YOU MAY OBTAIN THIRD PARTY HARDWARE, PRODUCTS, SOFTWARE, OR PROGRAMMING FROM THIRD PARTIES DIRECTLY ("THIRD PARTY COMPONENTS"). TREND MICRO PRODUCTS/SERVICES AND AGREE THATALL THIRD PARTY COMPONENTS ARE PROVIDED "AS IS," "WHERE IS," "AS AVAILABLE," "WITH ALL FAULTS" AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, AND WITHOUT WARRANTY OF ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASISKIND. APPLE TREND MICRO AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE TREND MICRO PRODUCTS/SERVICES AND THE THIRD PARTY COMPONENTS INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND NON- INFRINGEMENTTITLE, AND ANY WARRANTIES REGARDING QUIET ENJOYMENT, QUALITY OF INFORMATION, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY OF DATA AND PERFORMANCE OF THE TREND MICRO PRODUCTS/SERVICES. IN PARTICULAR, APPLE MAKES NO WARRANTY TREND MICRO DOES NOT WARRANT THAT (I) THE SERVICE TREND MICRO PRODUCTS/SERVICES OR THIRD PARTY COMPONENTS WILL MEET YOUR REQUIREMENTS; (II) YOUR USE , OR THAT THE OPERATION OF THE SERVICE TREND MICRO PRODUCTS/SERVICES OR THIRD PARTY COMPONENTS WILL BE TIMELY, UNINTERRUPTED, SECUREUNINTERRUPTED OR ERROR-FREE, OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY THAT DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE TREND MICRO PRODUCTS/SERVICES OR THIRD PARTY COMPONENTS WILL BE CORRECTED, OR THAT ENCRYPTION ALGORITHMS, ASSOCIATED KEYS AND OTHER SECURITY MEASURES WILL BE SECURE OR EFFECTIVE. YOU UNDERSTAND AND AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIMEYOUR INSTALLATION, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE AND ACCESS OF THE SERVICE TREND MICRO PRODUCTS/SERVICES AND THIRD PARTY COMPONENTS IS ACCESSED AT YOUR OWN SOLE DISCRETION AND RISK, RISK AND THAT YOU WILL BE ARE SOLELY RESPONSIBLE FOR ANY DAMAGE DAMAGES TO YOUR DEVICE, COMPUTER, OR SOFTWARE AND THE LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALUSE THEREOF. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED NO ORAL OR SUITABLE FOR USE IN SITUATIONS WRITTEN INFORMATION OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED ADVICE GIVEN BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.TREND MICRO SHALL
Appears in 4 contracts
Sources: End User License Agreement, End User License Agreement, End User License Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AGREE YOUR USE OF THE SERVICES AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, ALL INFORMATION AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY WE DISCLAIM ALL WARRANTIES OF ANY KINDKIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON- INFRINGEMENTNONINFRINGEMENT. IN PARTICULAR, APPLE MAKES WE MAKE NO WARRANTY THAT THE SERVICES: (Ii) THE SERVICE WILL MEET YOUR REQUIREMENTS; , (IIii) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, UNINTERRUPTED, SECURE, OR FREE ERROR-FREE, (iii) RESULTS OBTAINED FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; , AND (IViv) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE SERVICES OR TECHNOLOGY WILL BE CORRECTED. LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM TIME THE USE OR THE INABILITY TO TIME APPLE MAY REMOVE USE THE SERVICE FOR INDEFINITE PERIODS OF TIMESERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS TERMINATION OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SERVICES, REGARDLESS OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISKFORM OF ACTION OR CLAIM (WHETHER CONTRACT, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICETORT, COMPUTERSTRICT LIABILITY OR OTHERWISE), OR LOSS EVEN IF THE CECILIAN BANK HAS BEEN INFORMED OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEPOSSIBILITY THEREOF.
Appears in 3 contracts
Sources: Electronic Services Terms & Conditions and User Agreement, Electronic Services Terms & Conditions and User Agreement, Electronic Services Terms & Conditions and User Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 8 AND 9 AND 10 HEREIN) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. IN PARTICULAR, APPLE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE, OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
Appears in 3 contracts
Sources: Apple School Manager Agreement, Apple School Manager Agreement, Apple School Manager Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO EXCEPT FOR THE EXTENT PERMITTED BY APPLICABLE LAWLIMITED WARRANTY SET FORTH ABOVE, THE SERVICE, APPLE SOFTWARE, AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE SERVICE IS PROVIDED ON AN "“AS IS" AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES”, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM ALL WARRANTIES WITHOUT WARRANTY OF ANY KIND. THE LIMITED WARRANTY CONTAINED IN THIS AGREEMENT IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS STATUTORY, EXPRESS, OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TO, THOSE CONCERNING MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENTNONINFRINGEMENT, OR ARISING AS A RESULT OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING. IN PARTICULAR, APPLE MAKES NO WARRANTY MINITAB DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE, UNINTERRUPTED OR ERROR-FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) THAT ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS ALL ERRORS OR ERRORS REPORTED NON-CONFORMITIES IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE MINITAB SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FOR INDEFINITE PERIODS OF TIME, FAILURES OR CANCEL THE SERVICE OTHER PROBLEMS INHERENT IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION INTERNET AND RISK, AND ELECTRONIC COMMUNICATIONS OR FOR ISSUES RELATED TO ANY THIRD PARTIES WITH WHOM YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALSEPARATELY CONTRACT. YOU FURTHER ACKNOWLEDGE THAT MAY HAVE OTHER STATUTORY RIGHTS, BUT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, ARE LIMITED TO THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED SHORTEST PERIOD PERMITTED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGELAW.
Appears in 3 contracts
Sources: Subscription Agreement, Subscription Agreement, Subscription Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN SECTION 12.1 AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAWSECTION 12.2, THE SERVICE, APPLE SOFTWARE, SYSTEM AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ALL SERVICES AND WORK PRODUCT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM CONSULTANT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KINDWARRANTIES, WHETHER EXPRESS OR EXPRESS, IMPLIED, INCLUDING BUT NOT LIMITED TO THE STATUTORY OR OTHER, AND CONSULTANT SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. IN PARTICULARWITHOUT LIMITING THE FOREGOING, APPLE CONSULTANT MAKES NO WARRANTY OF ANY KIND THAT (I) THE SERVICE SYSTEM OR ANY OTHER WORK PRODUCT, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR CUSTOMER'S OR ANY OTHER PERSON'S REQUIREMENTS; , OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES (II) YOUR USE EXCEPT IF AND TO THE EXTENT EXPRESSLY SET FORTH IN THE SPECIFICATIONS), OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR FREE. ALL THIRD-PARTY MATERIALS ARE PROVIDED "AS IS" AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD-PARTY MATERIALS IS STRICTLY BETWEEN CUSTOMER AND THE THIRD-PARTY OWNER OR DISTRIBUTOR OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE, OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGETHIRD-PARTY MATERIALS.
Appears in 3 contracts
Sources: Standard Terms and Conditions, Standard Terms and Conditions, Standard Terms and Conditions
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE AND ALL INFORMATION, TO PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE EXTENT PERMITTED BY APPLICABLE LAW, SERVICE IS AT YOUR RISK. THE SERVICE, APPLE SOFTWARE, AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE SERVICE IS PROVIDED ON AN "“AS IS" ” AND "“AS AVAILABLE" ” BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) ▇▇▇▇▇▇▇ ▇▇▇▇▇ EXPRESSLY DISCLAIM DISCLAIMS ALL WARRANTIES OF ANY KINDKIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON- INFRINGEMENTNONINFRINGEMENT. IN PARTICULAR, APPLE MAKES NO ▇▇▇▇▇▇▇ ▇▇▇▇▇ DOES NOT MAKE ANY WARRANTY THAT (Ii) THE SERVICE WILL MEET YOUR REQUIREMENTS; , (IIii) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, UNINTERRUPTED, SECURE, OR FREE ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; , (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (IVV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE TECHNOLOGY WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT**** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED DONE AT YOUR OWN DISCRETION AND RISK, RISK AND YOU WILL BE ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FURTHER ACKNOWLEDGE THAT FROM ▇▇▇▇▇▇▇ ▇▇▇▇▇ OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above limitations may not apply to you. TO THE EXTENT THAT ANY PART OF THIS SECTION IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OFCONSISTENT WITH ANY OTHER PART OF THESE TERMS, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGETHEN THIS SECTION WILL CONTROL.
Appears in 3 contracts
Sources: General Services Agreement (Yodlee Inc), General Services Agreement (Yodlee Inc), General Services Agreement (Yodlee Inc)
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 7, ALL SERVICES AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR UPENDO MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM UPENDO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KINDWARRANTIES, WHETHER EXPRESS OR EXPRESS, IMPLIED, INCLUDING BUT NOT LIMITED TO THE STATUTORY OR OTHER, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. IN PARTICULARWITHOUT LIMITING THE FOREGOING, APPLE UPENDO MAKES NO WARRANTY OF ANY KIND THAT (I) THE SERVICE SERVICES OR UPENDO MATERIALS, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR CLIENT’S OR ANY OTHER PERSON'S REQUIREMENTS; , OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR FREE. ALL THIRD-PARTY MATERIALS (IIAS DEFINED BELOW) YOUR USE ARE PROVIDED "AS IS" AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD PARTY MATERIALS IS STRICTLY BETWEEN CLIENT AND THE THIRD- PARTY OWNER OR DISTRIBUTOR OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE, OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGETHIRD-PARTY MATERIALS.
Appears in 3 contracts
Sources: Service Level Agreement, Service Level Agreement, Service Level Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO EXCEPT FOR THE EXTENT PERMITTED BY APPLICABLE LAWLIMITED WARRANTY SET FORTH ABOVE, THE SERVICE, APPLE SOFTWARE, AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE SERVICE IS PROVIDED ON AN "“AS IS" AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES”, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM ALL WARRANTIES WITHOUT WARRANTY OF ANY KIND. THE LIMITED WARRANTY CONTAINED IN THIS AGREEMENT IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF THOSE CONCERNING MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENTNONINFRINGEMENT, OR ARISING AS A RESULT OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING. IN PARTICULAR, APPLE MAKES NO WARRANTY EXASOL DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE, UNINTERRUPTED OR ERROR-FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) THAT ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS ALL ERRORS OR ERRORS REPORTED NON-CONFORMITIES IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE EXASOL SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FOR INDEFINITE PERIODS OF TIME, FAILURES OR CANCEL THE SERVICE OTHER PROBLEMS INHERENT IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION INTERNET AND RISK, AND ELECTRONIC COMMUNICATIONS OR FOR ISSUES RELATED TO ANY THIRD PARTIES WITH WHOM YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALSEPARATELY CONTRACT. YOU FURTHER ACKNOWLEDGE THAT MAY HAVE OTHER STATUTORY RIGHTS, BUT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, ARE LIMITED TO THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED SHORTEST PERIOD PERMITTED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGELAW.
Appears in 3 contracts
Sources: Software as a Service Agreement, Terms of Service, Terms of Service
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE UNDERSTAND AND AGREE THAT, THAT YOUR USE OF THE SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU UNDERSTAND AND AGREE THAT WE DO NOT MAKE ANY WARRANTIES OF ANY KIND AS TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SERVICE, APPLE SOFTWAREEQUIPMENT, AND ANY ASSOCIATED CONTENTHARDWARE, FEATURE, FUNCTIONALITYSOFTWARE OR INTERNET PROVIDER SERVICE, OR MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES ANY PART OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KINDTHEM, WHETHER EXPRESS EXPRESSED OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON- INFRINGEMENTNONINFRINGEMENT. IN PARTICULAR, APPLE MAKES WE MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, UNINTERRUPTED, SECURE, OR FREE ERROR-FREE. WE ALSO MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF USING THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) , OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE OR TECHNOLOGY WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO LOSS, INJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, CAUSED BY YOUR INTERNET PROVIDER, ANY RELATED SOFTWARE, OR PREMIER AMERICA’S USE OF ANY OF THEM OR ARISING IN ANY WAY FROM THE INSTALLATION, USE OR MAINTENANCE OF YOUR PERSONAL MOBILE DEVICE, COMPUTERHARDWARE, SOFTWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEOTHER EQUIPMENT.
Appears in 3 contracts
Sources: Mobile Deposit User Agreement, Mobile Deposit User Agreement, Mobile Deposit User Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN SECTION 5.7.1, ALL BUNDLED SERVICES AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR TRUQC MATERIALS ARE PROVIDED ON AN "“AS IS" ” AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM TRUQC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KINDWARRANTIES, WHETHER EXPRESS OR EXPRESS, IMPLIED, INCLUDING BUT NOT LIMITED TO THE STATUTORY OR OTHER, AND TRUQC SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. IN PARTICULARWITHOUT LIMITING THE FOREGOING, APPLE TRUQC MAKES NO WARRANTY OF ANY KIND THAT (I) THE SERVICE BUNDLED SERVICES, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR CUSTOMER’S OR ANY OTHER PERSON’S REQUIREMENTS; (II) YOUR USE , OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR FREE. ALL THIRD PARTY MATERIALS ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD PARTY MATERIALS IS STRICTLY BETWEEN CUSTOMER AND THE THIRD PARTY OWNER OR DISTRIBUTOR OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE, OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGETHIRD PARTY MATERIALS.
Appears in 3 contracts
Sources: End User License Agreement, End User License Agreement and Terms of Service, End User License Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AGREE YOUR USE OF THIS SERVICE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, ALL INFORMATION AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "“AS IS" ” AND "“AS AVAILABLE" ” BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY WE DISCLAIM ALL WARRANTIES OF ANY KINDKIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON- INFRINGEMENTNONINFRINGEMENT. IN PARTICULAR, APPLE MAKES WE MAKE NO WARRANTY THAT THE SERVICES (Ii) THE SERVICE WILL MEET YOUR REQUIREMENTS; , (IIii) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, UNINTERRUPTED, SECURE, OR FREE ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; , AND (IViv) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE OR TECHNOLOGY WILL BE CORRECTED. YOU AGREE THAT NO ORAL OR WRITTEN ADVICE OR REPRESENTATION OBTAINED FROM TIME TO TIME APPLE MAY REMOVE ANY BANK EMPLOYEE OR REPRESENTATIVE SHALL CREATE A WARRANTY OR REPRESENTATION FOR PURPOSES OF THIS AGREEMENT OR THE SERVICE FOR INDEFINITE PERIODS OF TIMETO BE PERFORMED PURSUANT HERETO. BANK MAKES ABSOLUTELY NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, IN LAW OR IN FACT, TO YOU OR TO ANY OTHER PERSON AS TO ANY MOBILE DEVICE HARDWARE, SOFTWARE OR EQUIPMENT IN CONNECTION WITH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, YOUR MOBILE DEVICE OR RELATED EQUIPMENT, YOUR COMPUTER SYSTEMS OR RELATED EQUIPMENT, YOUR SOFTWARE, OR CANCEL THE YOUR INTERNET SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED PROVIDER OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTERITS EQUIPMENT, OR LOSS AS TO THE SUITABILITY OR COMPATIBILITY OF DATA BANK’S SOFTWARE, INTERNET DELIVERED SERVICE, EQUIPMENT OR COMMUNICATION INTERFACES WITH THOSE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OFUSE, OR ERRORS AS TO WHETHER ANY SOFTWARE OR INACCURACIES ININTERNET DELIVERED SERVICE WILL PERFORM IN AN UNINTERRUPTED MANNER, THE CONTENTINCLUDING, DATA BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEFITNESS FOR A PARTICULAR PURPOSE.
Appears in 3 contracts
Sources: Mobile Remote Deposit Agreement, Mobile Remote Deposit Agreement, Mobile Remote Deposit Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE 8.1 YOUR USE OF THE SOFTWARE AND AGREE THATCONTENT ACCESSIBLE THROUGH THE SOFTWARE IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICEINTUIT, APPLE SOFTWARE, AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIESAND ITS THIRD PARTY SERVICE OR DATA PROVIDERS, OFFICERSLICENSORS, DIRECTORSDISTRIBUTORS OR SUPPLIERS (COLLECTIVELY REFERRED TO AS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN"SUPPLIERS") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KINDWARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS SOFTWARE IS FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SOFTWARE. INTUIT AND NON- INFRINGEMENTITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IN PARTICULARFURTHER, APPLE MAKES NO WARRANTY INTUIT DOES NOT WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE, CONTENT OR DATA TRANSMITTED THROUGH THE SOFTWARE. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER. 8.2 INTUIT AND ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE SOFTWARE WILL BE TIMELYSATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. THIS DISCLAIMER APPLIES TO BUT IS NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 ("HIPAA"), UNINTERRUPTEDTHE ▇▇▇▇▇-▇▇▇▇▇-▇▇▇▇▇▇ ACT OF 1999, SECURETHE ▇▇▇▇▇▇▇▇-▇▇▇▇▇ ACT OF 2002, OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OTHER FEDERAL OR HACKING; (III) ANY INFORMATION OBTAINED BY STATE STATUTES OR REGULATIONS. YOU AS A RESULT ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IS IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENTAPPLICABLE LAW. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE9.
Appears in 3 contracts
Sources: End User License Agreement, End User License Agreement, End User License Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, THE C3 HUB IS PROVIDED TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE PROVIDED CUSTOMER STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE ALL CONDITIONS, REPRESENTATIONS AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KINDWARRANTIES, WHETHER EXPRESS OR EXPRESS, IMPLIED, INCLUDING BUT NOT LIMITED TO THE STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY C3. EXCEPT AS SPECIFICALLY SET OUT HEREIN, AND NON- INFRINGEMENT. IN PARTICULAR, APPLE MAKES NO WARRANTY THAT (I) C3 DOES NOT REPRESENT OR WARRANT THAT:
A. THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE C3 HUB WILL BE TIMELY, UNINTERRUPTEDUNINTERRUPTED OR ERROR-‐FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SECURESOFTWARE, SYSTEM OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, DATA;
B. THE C3 HUB WILL MEET REQUIREMENTS OR HACKING; (III) EXPECTATIONS;
C. ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE STORED DATA WILL BE ACCURATE OR RELIABLE; AND (IV) ;
D. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE CUSTOMER THROUGH THE C3 HUB WILL MEET THE CUSTOMER’ REQUIREMENTS OR EXPECTATIONS;
E. ERRORS OR DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED; OR,
F. THE C3 HUB OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT FROM TIME THE C3 HUB MAY BE SUBJECT TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIMELIMITATIONS, OR CANCEL THE SERVICE DELAYS, AND OTHER PROBLEMS INHERENT IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE INTERNET AND ELECTRONIC COMMUNICATIONS. C3 IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICEDELAYS, COMPUTERDELIVERY FAILURES, OR LOSS OF DATA THAT RESULTS OTHER DAMAGE RESULTING FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEPROBLEMS.
Appears in 3 contracts
Sources: Terms of Use Agreement, Terms of Use Agreement, Terms of Use Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE EXCEPT FOR THE EXPRESS WARRANTIES STATED IN SECTION 9.3 AND AGREE THATSECTION 15.1, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, ALL SERVICES AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR GIVECENTRAL MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM GIVECENTRAL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KINDWARRANTIES, WHETHER EXPRESS OR EXPRESS, IMPLIED, INCLUDING BUT NOT LIMITED TO THE STATUTORY OR OTHER, AND GIVECENTRAL SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. IN PARTICULARWITHOUT LIMITING THE FOREGOING, APPLE GIVECENTRAL MAKES NO WARRANTY OF ANY KIND THAT (I) THE SERVICE SERVICES OR GIVECENTRAL MATERIALS, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON'S REQUIREMENTS; (II) YOUR USE , OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR FREE. ALL THIRD-PARTY MATERIALS ARE PROVIDED “AS IS†AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD-PARTY MATERIALS IS STRICTLY BETWEEN YOU AND THE THIRD-PARTY OWNER OR DISTRIBUTOR OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE, OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGETHIRDPARTY MATERIALS.
Appears in 3 contracts
Sources: Terms of Use, Terms of Use, Terms of Use
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THATEXCEPT FOR THE LIMITED WARRANTIES SET FORTH IN SECTION 9(B), TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE ALL LICENSED SOFTWARE, DOCUMENTATION, AND ANY ASSOCIATED CONTENTOTHER PRODUCTS, FEATUREINFORMATION, FUNCTIONALITYMATERIALS, AND SERVICES PROVIDED BY BALEEN OR MATERIALS ITS SUPPLIERS ARE PROVIDED ON AN "“AS IS" AND "AS AVAILABLE" BASIS. APPLE .” BALEEN AND ITS AFFILIATESSUPPLIERS MAKE NO WARRANTIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE STATUTORY OR OTHERWISE. BALEEN AND ITS SUPPLIERS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. IN PARTICULARWITHOUT LIMITING THE FOREGOING, APPLE BALEEN MAKES NO WARRANTY OF ANY KIND THAT (I) THE SERVICE LICENSED SOFTWARE OF DOCUMENTATION, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR CUSTOMER’S OR OTHER PERSONS’ REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL , OPERATE WITHOUT ANY INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE TIMELYCOMPATIBLE OR WORK WITH ANY SOFTWARE, UNINTERRUPTEDSYSTEMS, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR FREE FROM ERROR FREE. BALEEN WILL NOT BE RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD-PARTY PRODUCTS, THIRD-PARTY CONTENT, OR NON-BALEEN SERVICES (INCLUDING FOR ANY DELAYS, INTERRUPTIONS, TRANSMISSION ERRORS, LOSSSECURITY FAILURES, CORRUPTIONAND OTHER PROBLEMS CAUSED BY THESE ITEMS), ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS FOR REGULATED DATA RECEIVED FROM CUSTOMER IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS BREACH OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH , FOR THE COLLECTION, USE AND DISCLOSURE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTERCUSTOMER DATA AUTHORIZED BY THIS AGREEMENT, OR LOSS OF DATA THAT RESULTS FROM FOR DECISIONS OR ACTIONS TAKEN (OR NOT TAKEN) BY CUSTOMER BASED UPON BALEEN TECHNOLOGY, SOFTWARE OR OTHER SERVICES. THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT DISCLAIMERS IN THIS SECTION WILL APPLY TO THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGETHIS AGREEMENT.
Appears in 3 contracts
Sources: Software License Agreement, Software License Agreement, Software License Agreement
Disclaimer of Warranties. (a) YOU EXPRESSLY ACKNOWLEDGE AGREE THAT YOU USE THE SERVICE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER EQUIPMENT AT YOUR SOLE RISK. THE SERVICE, APPLE SOFTWARE, SERVICE AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS PROVIDER EQUIPMENT ARE PROVIDED ON AN "AS “AS-IS" ” AND "“AS AVAILABLE" BASIS. APPLE ” BASIS AND ITS AFFILIATESEXCEPT TO THE LIMITED EXTENT SPECIFICALLY SET FORTH IN SECTION 4 HEREIN, SUBSIDIARIESIF APPLICABLE, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM ALL WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITYTITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENTOR MERCHANTABILITY. IN PARTICULARNEITHER PROVIDER NOR ITS AFFILIATES, APPLE MAKES NO WARRANTY THAT AGENTS, OPERATIONAL SERVICE PROVIDERS, THIRD PARTY SUPPLIERS OR SOFTWARE LICENSORS WARRANTS: (I) TO UNINTERRUPTED, TIMELY OR SECURE USE OF SERVICE; (II) THAT THE SERVICE WILL MEET YOUR CUSTOMER’S REQUIREMENTS; (IIIII) YOUR USE OF THAT THE SERVICE WILL BE TIMELYERROR-FREE OR FREE OF ANY VIRUSES, UNINTERRUPTEDWORMS, SECURESPAM, POP-UP ADVERTISING, SPYWARE, ADWARE OR OTHER HARMFUL COMPONENTS, EVEN IF COUNTERMEASURES HAVE BEEN DEPLOYED; OR (IV) THAT ANY PERSONAL INFORMATION, NON PERSONAL INFORMATION, DATA OR FILES CUSTOMER SENDS OR RECEIVES VIA THE SERVICE WILL BE TRANSMITTED IN UNCORRUPTED FORM, WITHIN A REASONABLE TIME, OR FREE FROM ERRORSUNAUTHORIZED ACCESS BY OTHERS OR THAT OTHER USERS WILL BE UNABLE TO GAIN ACCESS TO CUSTOMER’S COMPUTER, LOSSDEVICE OR OTHER EQUIPMENT. THIS INCLUDES, CORRUPTIONBUT IS NOT LIMITED TO, ATTACKINCIDENTS OF FILE SHARING, VIRUSESPRINT SHARING OR USE OF OTHER MEANS THAT ENABLE INTERNET USERS TO GAIN ACCESS TO YOUR COMPUTER, DEVICE, OTHER EQUIPMENT OR TO THE PROVIDER NETWORK OR PROVIDER EQUIPMENT, OR HACKING; (III) ANY INFORMATION TO MONITOR YOUR ACTIVITY AND CONDUCT WHILE USING THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU AS CUSTOMER FROM PROVIDER SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME STATES DO NOT ALLOW LIMITATIONS ON THE SCOPE OF A RESULT LIMITATION OF WARRANTY OR HOW LONG AN IMPLIED WARRANTY LASTS, SO THE SERVICE WILL BE ACCURATE OR RELIABLE; AND ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
(IVb) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTEDIn addition Provider may, in its sole discretion, make available to You security software, such as anti-virus software, firewall software, “pop-up” advertising blocking software, parental control software, anti-spyware or anti-adware software for Your use on Your computer system(s) in conjunction with the Service. Any such security software provided by Provider to You is intended to provide only a minimal level of protection to Your computer system(s). YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS PROVIDER AND ITS AFFILIATES, AGENTS, THIRD-PARTY SUPPLIERS AND LICENSORS OF TIMEANY SUCH SECURITY SOFTWARE, DO NOT GUARANTEE ITS ACCURACY, EFFICACY OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENTPERFORMANCE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION YOU UNDERSTAND AND RISKAGREE THAT PROVIDER AND ITS AFFILIATES, AGENTS, THIRD PARTY SUPPLIERS AND YOU WILL BE SOLELY LICENSORS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICECOMPUTER SYSTEM(S) (OR THE INFORMATION STORED THEREIN) THAT MAY RESULT FROM USE OF THE SECURITY SOFTWARE OR FROM ITS NON- PERFORMANCE.
(c) EXCEPT AS SPECIFICALLY SET FORTH IN THIS SERVICE AGREEMENT, COMPUTERYOU UNDERSTAND AND AGREE THAT NEITHER PROVIDER NOR ITS AFFILIATES, AGENTS, OPERATIONAL SERVICE PROVIDERS OR LOSS THIRD PARTY SUPPLIERS GUARANTEE THAT ANY PARTICULAR AMOUNT OF DATA BANDWIDTH ON THE PROVIDER NETWORK OR THAT RESULTS ANY SPEED OR THROUGHPUT OF YOUR CONNECTION TO THE PROVIDER NETWORK WILL BE AVAILABLE TO YOU. You understand, acknowledge and agree that the availability and speed of the Service provided at Your premises may vary depending upon a number of factors, including Your computer system(s), associated equipment and other devices accessing the Service, Internet traffic, and other factors such as system capacity limitations, governmental actions, events beyond Provider’s control and system failures, modifications, upgrades and repairs.
(d) You understand, acknowledge and agree that Provider may in the future offer other customers on the Provider Network service with specific minimum service standards (including, without limitation, minimum standards for speed, bandwidth, latency or availability) (such minimum service standards that may be offered in the future, the “Future Enhanced Service”). You further understand, acknowledge and agree that Provider shall be under no obligation to provide any Future Enhanced Service to You unless and until Provider and You have entered into a new agreement with respect to such Future Enhanced Service, which agreement may include, without limitation, such increased or modified monthly fees and additional terms and conditions as Provider and You may agree.
(e) You understand, acknowledge and agree that Provider may use various tools and techniques in order to efficiently manage the Provider Network and to ensure compliance with Provider’s Open Internet Statement and Section 8 above (such tools and techniques, “Network Management Tools”). These may include detecting malicious traffic patterns and preventing the distribution of viruses or other malicious code or managing network resources through techniques such as limiting the number of simultaneous peer-to-peer sessions that You may conduct, limiting the aggregate bandwidth available for certain usage protocols such as peer-to-peer and newsgroups, and such other Network Management Tools as Provider may from time to time determine appropriate. You also understand, acknowledge and agree that Provider may update and test any element of the Service and/or the Provider Network on a regular basis. You understand that by using the Service, You agree to be included in any such testing without notice.
(f) You understand, acknowledge and agree that, to allocate bandwidth across all of its Customers, Provider may employ traffic-management technology, including but not limited to packet-reset technology, which technology may materially slow the uploading of certain files.
(g) You understand, acknowledge and agree that Provider does not warrant that Service descriptions, information, graphic depictions, fees, product and or other components of the Service are accurate, reliable, updated, current, complete or error-free. Despite Our efforts, it is possible that a price for the Service (or a component of Our Service) offered on Our website, or the Service description may be inaccurate in some part. In the event We determine that a Service contains an inaccurate price or description, We reserve the right to take any action We deem reasonable and necessary, in Our sole discretion, to rectify the error, including without limitation, canceling Your order, unless prohibited by law. We may make improvements or changes to any of Our information, or Services described on Our websites at any time without notice. You agree to notify Us immediately if You become aware of any pricing or descriptive errors or inconsistencies with any Services You order and to comply with any corrective action that We may take.
(h) THIS SERVICE AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD STATE TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGESTATE.
Appears in 3 contracts
Sources: Residential Service Terms and Conditions Agreement, Residential Service Terms and Conditions Agreement, Residential Service Terms and Conditions Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AGREE THAT YOUR USE OF THE SERVICE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, ALL INFORMATION AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE CONTENT (INCLUDING THAT OF THIRD PARTY SERVICE PROVIDERS) IS AT YOUR RISK AND IS PROVIDED ON AN "“AS IS" ” AND "“AS AVAILABLE" ” BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY WE DISCLAIM ALL WARRANTIES OF ANY KINDKIND AS TO THE USE OF ANY REMOTE BANKING SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON- INFRINGEMENTNONINFRINGEMENT. IN PARTICULAR, APPLE MAKES WE MAKE NO WARRANTY THAT (I) THE ANY REMOTE BANKING SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, UNINTERRUPTED, SECURE, OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION ERROR-FREE. WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) RELAIBLE OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE ANY REMOTE BANKING SERVICE OR TECHNOLOGY WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THERE ARE CERTAIN SECURITY, CORRRUPTION, TRANSMISSION ERROR AND AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE SERVICE IS NOT INTENDED INTERNET, AND TELECOMMUNICATION LINES OR SUITABLE CIRCUITS. YOU HEREBY ASSUME ALL OF THE FOREGOING RISKS. YOU AGREE THAT NO ORAL OR WRITTEN ADVICE OR REPRESENTATION OBTAINED FROM ANY BANK EMPLOYEE OR REPRESENTATIVE SHALL CREATE A WARRANTY OR REPRESENTATION FOR USE IN SITUATIONS PURPOSES OF THIS AGREEMENT OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGESERVICE.
Appears in 3 contracts
Sources: Mobile Deposit Agreement, Mobile Deposit Service Agreement, Mobile Deposit Service Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE 14.1 THE SERVICE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS SOFTWARE ARE PROVIDED ON AN "“AS IS" ” AND "“AS AVAILABLE" AVAILABLE BASIS” “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND. APPLE AND ITS AFFILIATESTO THE FULL EXTENT PERMITTED BY LAW, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM PROVIDER DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR EXPRESS, IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED OR STATUTORY, INCLUD- ING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR SPECIFIC PURPOSE, ACCU- RACY, SYSTEM INTEGRATION OR COMPATIBILITY, WORKMANLIKE EFFORT, LACK OF NEGLIGENCE, QUIET ENJOY- MENT, AND NON- NON-INFRINGEMENT. IN PARTICULARWITHOUT LIMITING THE FOREGOING, APPLE MAKES NO WARRANTY THE PROVIDER DOES NOT WARRANT OR REPRESENT THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTEDCONTINUOUS, SECURE, RELIABLE, ACCESSIBLE, UNINTERRUPTED OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSESERROR-FREE, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT THAT THE PROVIDER’S SERVERS AND SOFTWARE ARE FREE OF THE SERVICE WILL BE ACCURATE VIRUSES OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIMEOTHER HARMFUL COMPONENTS, OR CANCEL THAT THE SERVICE IN ACCORDANCE WITH PROVIDER’S SECURITY PROCEDURES AND MECHANISMS WILL PREVENT THE TERMS LOSS OR ALTERATION OF OR IMPROPER ACCESS TO INFORMATION OR CONTENT BY THIRD PARTIES.
14.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLU- SION MAY NOT APPLY TO YOU. THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA MAY ALSO HAVE OTHER LEGAL RIGHTS THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEVARY BETWEEN JURISDICTIONS.
Appears in 3 contracts
Sources: Software Service Agreement, Terms and Conditions for Software Service, Terms and Conditions for Software Service
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 8 AND 9 AND 10 HEREIN) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- NON-INFRINGEMENT. IN PARTICULAR, APPLE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE, OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
Appears in 3 contracts
Sources: Apple School Manager Agreement, Apple School Manager Agreement, Apple School Manager Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE UNDERSTAND AND AGREE THAT, THAT YOUR USE OF THE SERVICE IS AT YOUR RISK. YOU ALSO UNDERSTAND AND AGREE THAT THE SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU UNDERSTAND AND AGREE THAT WE DO NOT MAKE ANY WARRANTIES OF ANY KIND AS TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SERVICE, APPLE SOFTWAREEQUIPMENT, AND ANY ASSOCIATED CONTENTHARDWARE, FEATURE, FUNCTIONALITYSOFTWARE OR INTERNET PROVIDER SERVICE, OR MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES ANY PART OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KINDTHEM, WHETHER EXPRESS EXPRESSED OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT, AND NON- INFRINGEMENT. IN PARTICULAR, APPLE MAKES WE MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, UNINTERRUPTED, SECURE, SECURE OR FREE ERROR-FREE. WE ALSO MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF USING THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) , OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE OR TECHNOLOGY WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO LOSS, INJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, CAUSED BY YOUR DEVICEINTERNET PROVIDER, COMPUTER, ANY RELATED SOFTWARE OR LOSS RIVERFRONT FEDERAL CREDIT UNION’S USE OF DATA THAT RESULTS ANY OF THEM OR ARISING IN ANY WAY FROM THE DOWNLOAD INSTALLATION, USE OR MAINTENANCE OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED YOUR PERSONAL COMPUTER HARDWARE, SOFTWARE OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEOTHER EQUIPMENT.
Appears in 3 contracts
Sources: Mobile Deposit Service Agreement, Mobile Deposit Service Agreement, Mobile Deposit Service Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITYYOUR USE OF, OR MATERIALS ARE INABILITY TO USE, THE PROGRAM, OR ANY TOOLS OR SERVICES ACCESSED BY OR THROUGH THE PROGRAM, IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLE, ITS AFFILIATES, SUBSIDIARIESDIRECTORS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTSAFFILIATES, PARTNERS AND AUTHORIZED REPRESENTATIVES, CONTRACTORS, RESELLERS, OR LICENSORS (COLLECTIVELY, COLLECTIVELY REFERRED TO AS “APPLE” FOR THE PURPOSES OF SECTIONS 9 7 AND 10 HEREIN) EXPRESSLY 8) HEREBY DISCLAIM ALL WARRANTIES OF ANY KINDAND CONDITIONS WITH RESPECT TO THE PROGRAM, WHETHER EXPRESS EITHER EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING BUT NOT LIMITED TO TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, TITLE, AND NON- INFRINGEMENTNON-INFRINGEMENT OF THIRD PARTY RIGHTS. IN PARTICULARAPPLE DOES NOT GUARANTEE, APPLE MAKES NO WARRANTY REPRESENT OR WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE PROGRAM, THAT (I) THE SERVICE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE PROGRAM WILL MEET YOUR REQUIREMENTS; (II) , WILL BE SECURE, THAT YOUR USE OF OR THAT THE SERVICE OPERATION OF THE PROGRAM WILL BE TIMELYUNINTERRUPTED OR ERROR-FREE, UNINTERRUPTED, SECURE, OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY THAT DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED, THAT THE PROGRAM WILL CONTINUE TO BE MADE AVAILABLE, THAT THE PROGRAM WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES OR ANY OTHER APPLE PRODUCTS OR SERVICES, OR THAT ANY DATA OR INFORMATION STORED OR TRANSMITTED THROUGH THE PROGRAM WILL NOT BE LOST, CORRUPTED, DAMAGED, ATTACKED, HACKED, INTERFERED WITH OR SUBJECT TO ANY OTHER SECURITY INTRUSION. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE PROGRAM FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. PROGRAM AT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISKTIME, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE WITHOUT NOTICE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALYOU. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE PROGRAM IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, IN THE CONTENT, DATA OR INFORMATION PROVIDED BY OR THROUGH THE SERVICE PROGRAM COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
Appears in 3 contracts
Sources: Apple Device Enrollment Program Agreement, Apple Device Enrollment Program Agreement, Apple Device Enrollment Program Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL INFORMATION PROVIDED BY OR OBTAINED THROUGH BLUETOOTH SIG IN CONNECTION WITH THIS AGREEMENT IS PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE SERVICEENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH ORGANIZATION. BLUETOOTH SIG AND ITS MEMBERS DO NOT MAKE ANY REPRESENTATIONS, APPLE SOFTWAREWARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, AND HEREBY DISCLAIM ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. IN PARTICULAR, APPLE MAKES BLUETOOTH SIG AND ITS MEMBERS MAKE NO WARRANTY THAT (IA) ANY ASSIGNED VALUE OR THE SERVICE USE OF ANY ASSIGNED VALUE WILL BE ERROR-FREE OR MEET YOUR REQUIREMENTSORGANIZATION’S NEEDS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE, OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (IIIB) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE THROUGH BLUETOOTH SIG WILL BE ACCURATE ACCURATE, COMPLETE, OR RELIABLE; AND OR (IVC) ANY DEFECTS OR ERRORS IN THE SOFTWARE ANY INFORMATION PROVIDED TO YOU AS PART OF THE SERVICE BY OR OBTAINED THROUGH BLUETOOTH SIG WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, ALL INFORMATION PROVIDED BY OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE BLUETOOTH SIG IS ACCESSED AT YOUR ORGANIZATION’S OWN DISCRETION AND RISK, AND YOU ORGANIZATION WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGETHEREFROM.
Appears in 2 contracts
Sources: Agreement Regarding Issuance of Bluetooth Sig Assigned Values, Agreement Regarding Issuance of Bluetooth Sig Assigned Values
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE UNLESS OTHERWISE EXPLICITLY STATED, MTS, FOR ITSELF AND AGREE THATITS SUPPLIERS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE MTS SERVICES, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED IN OR THOUGH THE MTS SERVICES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWAREMTS SERVICES, AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, INFORMATION OR MATERIALS ARE MATERIAL CONTAINED OR PRESENTED THROUGH THE MTS SERVICES IS PROVIDED TO YOU ON AN "“AS IS" AND ",” “AS AVAILABLE" BASIS. APPLE ” AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLEWHERE-IS” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES BASIS WITH NO WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENTOR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. IN PARTICULAR, APPLE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE, OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, WE DO NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR HACKING; (III) ANY INFORMATION OBTAINED BY MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER. SOME STATES, INCLUDING NEW JERSEY, DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES. IF YOU AS A RESULT LIVE IN ONE OF THESE STATES, THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED ABOVE LIMITATIONS DO NOT APPLY TO YOU AS PART OF AND IN SUCH CASE, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE SERVICE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS MINIMUM PERMISSIBLE UNDER APPLICABLE LAW FROM THE DOWNLOAD OF ANY SUCH MATERIAL. DATE YOU FURTHER ACKNOWLEDGE THAT FIRST ACCESSED, USED OR ACQUIRED THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEMTS SERVICES.
Appears in 2 contracts
Sources: Mobility Tax Services Agreement, Mobility Tax Services Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, SERVICE AND ANY ASSOCIATED CONTENTINCLUDED APPLICATION IS PROVIDED BY VERIZON OR ITS LICENSORS 'AS IS', FEATUREWITHOUT WARRANTIES, FUNCTIONALITYEXPRESS OR IMPLIED, OR MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM ALL WARRANTIES CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FOR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT. CUSTOMER USES THE SERVICE AT ITS OWN RISK. VERIZON WIRELESS AND ITS LICENSORS, AND NON- INFRINGEMENT. IN PARTICULARVENDORS MAKE NO WARRANTY, APPLE MAKES NO WARRANTY EITHER EXPRESS OR IMPLIED, AS TO THE ACCURACY, AVAILABILITY, COMPLETENESS, USEFULLNESS, SECURITY, RELIABILITY, INTEROPERABILITY, OR THAT (I) THE SERVICE WILL BE UNINTERRUPED, VIRUS FREE, OR COMPATIBLE WITH YOUR DEVICE OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; EXPECTATIONS AT ALL OR AS TO THE IDENTIFICATION, LABELING, SPAM OR BLOCK MANAGEMENT, OR BLOCKING OF CALLS. VERIZON WIRELESS AND ITS LICENSORS, AND VENDORS DO NOT PROVIDE ANY WARRANTY (IIEXPRESS OR IMPLIED) YOUR USE OF THE SERVICE OR GUARANTEE THAT ALL SPAM, ROBOCALLER AND FRAUDLENT CALLERS WILL BE TIMELYIDENTIFIED, UNINTERRUPTED, SECURE, LABELED CORRECTLY OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTEDBLOCKED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD CAUSE DAMAGE TO DEATHCUSTOMER, PERSONAL INJURYITS DATA, DEVICES, SOFTWARE OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEHARDWARE.
Appears in 2 contracts
Sources: Agreement No. 19 230 R, Enterprise Agreement for Services and Devices
Disclaimer of Warranties. BECAUSE OF THE POSSIBILITY OF HUMAN OR MECHANICAL ERROR AS WELL AS OTHER FACTORS, YOU EXPRESSLY ACKNOWLEDGE UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE AND ALL INFORMATION, TO PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE EXTENT PERMITTED BY APPLICABLE LAW, SERVICE IS AT YOUR SOLE RISK. THE SERVICE, APPLE SOFTWARE, AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SERVICE. APPLE COMMUNITY BANK OF PARKERSBURG AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) GEEZEO EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KINDKIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR A ANY PARTICULAR PURPOSE, . COMMUNITY BANK OF PARKERSBURG AND NON- INFRINGEMENT. IN PARTICULAR, APPLE MAKES GEEZEO MAKE NO WARRANTY THAT (Ii) THE SERVICE WILL MEET YOUR REQUIREMENTS; , (IIii) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, UNINTERRUPTED, SECURE, OR FREE ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND , (IViv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR (V) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE TECHNOLOGY WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED DONE AT YOUR OWN DISCRETION AND RISK, RISK AND YOU WILL BE ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FURTHER ACKNOWLEDGE THAT FROM COMMUNITY BANK OF PARKERSBURG OR GEEZEO THROUGH OR FROM THE SERVICE IS WILL CREATE ANY WARRANTY NOT INTENDED EXPRESSLY STATED IN THESE TERMS. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR SUITABLE REDUCING COMMUNITY BANK OF PARKERSBURG’S RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS. YOU AGREE THAT NEITHER COMMUNITY BANK OF PARKERSBURG, GEEZEO NOR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY LOSS, PROPERTY DAMAGE, OR BODILY INJURY IN CONNECTION WITH ACCESS TO, OR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, THE SERVICE. UNDER NO CIRCUMSTANCES WILL COMMUNITY BANK OF PARKERSBURG, GEEZEO NOR ANY OF THEIR AFFILIATES BE LIABLE FOR ANY ▇▇▇▇▇, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR ERRORS OR INACCURACIES INEXEMPLARY DAMAGES, THE CONTENTINCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF COMMUNITY BANK OF PARKERSBURG OR GEEZEO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION PROVIDED BY OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE COULD LEAD SERVICE; (iv) UNAUTHORIZED ACCESS TO DEATHOR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; (vi) THE USE, PERSONAL INJURYINABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR SEVERE PHYSICAL NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR ENVIRONMENTAL DAMAGE(vii) ANY OTHER MATTER RELATING TO THE SERVICE.
Appears in 2 contracts
Sources: Digital Banking Agreement, Digital Banking Agreement
Disclaimer of Warranties. THE FOLLOWING DISCLAIMER SHALL APPLY TO YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, . YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE, APPLE SOFTWARE, AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND THAT YOUR USE OF OR RELIANCE ON EITHER IS AT YOUR SOLE RISK AND DISCRETION. APPLE ASURION HEREBY DISCLAIMS ANY AND ITS AFFILIATESALL REPRESENTATIONS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS WARRANTIES AND LICENSORS (COLLECTIVELY, “APPLE” FOR GUARANTIES REGARDING THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KINDSERVICES, WHETHER EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING BUT NOT LIMITED TO AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. IN PARTICULARFURTHERMORE, APPLE ASURION MAKES NO WARRANTY THAT (IA) THE SERVICE SERVICES WILL MEET YOUR REQUIREMENTS; (IIB) YOUR USE OF THE SERVICE SERVICES WILL BE AVAILABLE, TIMELY, UNINTERRUPTEDCURRENT, SECUREACCURATE, RELIABLE, COMPLETE, SECURE OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKINGERROR-FREE; (IIIC) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU AS A RESULT OF THROUGH THE SERVICE SERVICES WILL BE ACCURATE AS REPRESENTED OR RELIABLEMEET YOUR EXPECTATIONS; AND OR (IVD) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE SERVICES WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIMENO ADVICE OR INFORMATION, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.WHETHER ORAL OR
Appears in 2 contracts
Sources: Terms of Service, Terms of Service
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AGREE YOUR USE OF THE SERVICES AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, ALL INFORMATION AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE WE, AND ITS AFFILIATESOUR SERVICE PROVIDERS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KINDKIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGMENT. WE, AND NON- INFRINGEMENT. IN PARTICULAROUR SERVICE PROVIDERS, APPLE MAKES MAKE NO WARRANTY THAT THE SERVICES (Ii) THE SERVICE WILL MEET YOUR REQUIREMENTS; , (IIii) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, UNINTERRUPTED, SECURE, OR FREE ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE SERVICES WILL BE ACCURATE OR RELIABLE; AND , (IViv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE SERVICES OR TECHNOLOGY WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE SERVICES IS ACCESSED DONE AT YOUR OWN DISCRETION AND RISK, RISK AND YOU WILL BE ARE SOLELY RESPONSIBLE RESOPNSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FINANCIAL INSTITITION OR ITS SERVICE PROVIDERS THROUGH OR FROM THE SERVICES WILL CREATE ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS WARRANTY NOT INTENDED OR SUITABLE FOR USE EXPRESSLY STATED IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGETHESE TERMS.
Appears in 2 contracts
Sources: Electronic Services Agreement, User Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN SECTION 11.1, SECTION 11.2, ALL SERVICES AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR CUE MATERIALS ARE PROVIDED ON AN "“AS IS" ” “WHERE IS” BASIS, AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATESCUE DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED AS TO THE SERVICES OR CUE MATERIALS. CUE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. IN PARTICULARWITHOUT LIMITING THE FOREGOING, APPLE CUE MAKES NO WARRANTY OF ANY KIND THAT (I) THE SERVICE SERVICES OR CUE MATERIALS, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR CUSTOMER’S OR ANY OTHER PERSON’S REQUIREMENTS; (II) YOUR USE , OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR FREE. ALL THIRD-PARTY SERVICES AND MATERIALS ARE PROVIDED “AS IS”, AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD-PARTY SERVICES OR MATERIALS IS STRICTLY BETWEEN CUSTOMER AND THE THIRD-PARTY OWNER OR DISTRIBUTOR OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE, OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; THIRD-PARTY SERVICES AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEMATERIALS.
Appears in 2 contracts
Sources: Terms of Service, Terms of Service
Disclaimer of Warranties. YOU EXCEPT AS OTHERWISE EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED PROVIDED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, YOU AGREE THAT YOUR USE OF ANY REMOTE BANKING SERVICE AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "“AS IS" ” AND "“AS AVAILABLE" ” BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY WE DISCLAIM ALL WARRANTIES OF ANY KINDKIND AS TO THE USE OF ANY REMOTE BANKING SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON- INFRINGEMENTNONINFRINGEMENT. IN PARTICULAR, APPLE MAKES WE MAKE NO WARRANTY THAT (I) THE ANY REMOTE BANKING SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, UNINTERRUPTED, SECURE, OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION ERROR-FREE. WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) RELIABLE OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE ANY REMOTE BANKING SERVICE OR TECHNOLOGY WILL BE CORRECTED. LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM TIME OR RELATED TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIMEUSE OF, INABILITY TO USE, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS TERMINATION OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY REMOTE BANKING SERVICE, REGARDLESS OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISKFORM OF ACTION OR CLAIM (WHETHER CONTRACT, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICETORT, COMPUTERSTRICT LIABILITY OR OTHERWISE), OR LOSS EVEN IF WE HAVE BEEN INFORMED OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALPOSSIBILITY THEREOF, EXCEPT AS OTHERWISE REQUIRED BY LAW. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OFYou authorize Security Credit Union to transfer funds via wire transfer, OR ERRORS OR INACCURACIES INin accordance with wire transfer fees as listed on the Fee Schedule, THE CONTENTand to debit your account for both the wire transfer fee and the amount of the wire transfer. Security Credit Union is not liable for failure to act or delay in acting on a wire transfer request because of legal constraints, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATHmember negligence, PERSONAL INJURYinterruption of communication facilities, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEequipment failure, emergency conditions, violations of any guidelines, rules or regulations of any government authority, or other circumstances beyond Security Credit Union’s control. Security Credit Union is not liable for consequential, special or exemplary damages or losses of any kind. In most instances, wire transfer requests cannot be cancelled. Efforts to act on requests for cancellations will be made, but Security Credit Union is not liable if for any reason, the wire transfer request is not amended or cancelled. You agree to reimburse Security Credit Union for any costs, losses, or damages that are incurred in connection with requests to amend or cancel a wire transfer request. If warranted, a refund of money from a cancellation of the wire transfer will take place once Security Credit Union determines that the recipient has not received the funds and the funds are returned to Security. The refund may not be equal to the amount of the original wire transfer due to charges that may be imposed by other financial institutions. Domestic wire transfer requests received prior to 4pm Eastern Time (ET) will be transmitted that same business day. Domestic wire transfer requests received after 4pm ET will be transmitted on the next business day. International wire transfer requests received prior to 4:00pm ET will be transmitted that same business day. International wire transfer requests received after 4:00pm ET will be transmitted on the next business day. A Bank Identifier Code (BIC), also known as a SWIFT code, is required for all international wire transfers. In some instances, an International Bank Account Number (IBAN) may be required in addition to the BIC or SWIFT code. The recipient(s) of the wire transfer must be identified and physical addresses provided for both the recipient(s) and the recipient’s financial institution. Security and the receiving financial institution may process the wire transfer request based only on the account number(s) and other information listed. Security is not responsible for incorrect recipient information conveyed and/or listed on the wire transfer request. You agree to hold Security Credit Union harmless if the recipient information you convey to us is incorrect or incomplete. Wire transfer requests are subject to Security’s Funds Availability Policy and if applicable, we reserve the right to verify funds before wiring them. Your rights and obligations regarding wire transfers may be covered by Regulation J of the U.S. Federal Reserve Board and/or Article 4A of the Uniform Commercial Code. If security procedures are not successful, the wire transfer request may be cancelled by Security Credit Union. If this is the case, you will be notified by phone and/or U.S. mail within two business days. When sending wire transfers to a foreign country, Security Credit Union will send the funds in U.S. dollars. They may be converted into the appropriate foreign currency by the financial institution that transmits Security Credit Union's wire transfers or the recipient's financial institution. If a wire transfer is not received by the recipient and its whereabouts need to be traced, you may be charged an account research fee (as listed in the Fee Schedule) if it was not Security Credit Union's error. It is your responsibility to monitor your account and statements for any errors or discrepancies regarding wire transfers. If you discover an error or discrepancy, you must contact Security Credit Union within 60 days of receiving your account statement to initiate an investigation.
Appears in 2 contracts
Sources: Membership and Account Agreement, Membership and Account Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AS SET FORTH IN THE END-USER AGREEMENT, THE WARRANTY SET FORTH IN SECTION 13, DOES NOT EXTEND TO ANY PRODUCT, WHICH HAS BEEN DAMAGED AS A RESULT OF (1) ACCIDENT, MISUSE OR ABUSE; (2) FAILURE TO FOLLOW 3COM'S INSTALLATION, OPERATION OR MAINTENANCE INSTRUCTIONS; OR (3) UNAUTHORIZED SERVICE OR PARTS. EXCEPT AS STATED IN SECTION 13 HEREOF, 3COM AND AGREE THATITS AFFILIATES, DISTRIBUTORS AND SUPPLIERS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM 3COM DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 90 DAYS AFTER DELIVERY OF THE PRODUCT TO RESELLER. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE ABOVE LIMITATION MAY NOT APPLY. THIS WARRANTY GIVES THE RESELLER SPECIFIC LEGAL RIGHTS, AND NON- INFRINGEMENT. IN PARTICULAR, APPLE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE, OR FREE RESELLER MAY HAVE OTHER RIGHTS WHICH VARY FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED STATE TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGESTATE.
Appears in 2 contracts
Sources: Reseller Agreement (Lakota Technologies Inc), Reseller Agreement (Lakota Technologies Inc)
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AGREE YOUR USE OF THE SERVICE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, ALL INFORMATION AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "“AS IS" ” AND "“AS AVAILABLE" ” BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY WE DISCLAIM ALL WARRANTIES OF ANY KINDKIND AS TO THE USE OF THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON- INFRINGEMENTNONINFRINGEMENT. IN PARTICULAR, APPLE MAKES WE MAKE NO WARRANTY THAT (I) THE SERVICE (i) WILL MEET YOUR REQUIREMENTS; , (IIii) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, UNINTERRUPTED, SECURE, OR FREE ERROR- FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; , AND (IViv) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE SERVICES OR TECHNOLOGY WILL BE CORRECTED. LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM TIME THE USE OR THE INABILITY TO TIME APPLE MAY REMOVE USE THE SERVICE FOR INDEFINITE PERIODS OF TIMESERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS TERMINATION OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SERVICES, REGARDLESS OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISKFORM OF ACTION OR CLAIM (WHETHER CONTRACT, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICETORT, COMPUTERSTRICT LIABILITY OR OTHERWISE), OR LOSS EVEN IF DOWNEAST HAS BEEN INFORMED OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEPOSSIBILITY THEREO.
Appears in 2 contracts
Sources: Master Business Account Agreement, Master Membership Account Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE EXCEPT FOR THE LIMITED WARRANTIES SET FORTH IN SECTIONS 10.3 (LIMITED SOFTWARE WARRANTY) AND AGREE THAT10.4 (SERVICES WARRANTY), TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE ALL SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OTHER MATERIALS PROVIDED BY SDSA UNDER OR MATERIALS IN CONNECTION WITH THIS AGREEMENT ARE PROVIDED ON AN "“AS IS" ,” AND "AS AVAILABLE" BASIS. APPLE SDSA AND ITS AFFILIATESLICENSORS, SUBSIDIARIESSUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SERVICE PROVIDERS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREINAS APPLICABLE) EXPRESSLY SPECIFICALLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND NON- INFRINGEMENTALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. IN PARTICULARWITHOUT LIMITING THE FOREGOING DISCLAIMERS, APPLE SDSA MAKES NO WARRANTY OF ANY KIND THAT (I) ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, OR OTHER MATERIALS PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR RESULTS OF ANY USE OF THE SERVICE WILL SOFTWARE OR DOCUMENTATION, WILL: (A) MEET YOUR OR ANY OTHER PERSONS’ REQUIREMENTS, (B) OPERATE WITHOUT INTERRUPTION, (C) ACHIEVE ANY INTENDED RESULT, (D) BE TIMELYCOMPATIBLE OR WORK WITH ANY SOFTWARE, UNINTERRUPTEDSYSTEMS, OR OTHER SERVICES, OR (E) BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR FREE FROM ERRORSERROR FREE. ALL THIRD-PARTY MATERIALS ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY OF THEM IS STRICTLY BETWEEN YOU AND THE THIRD-PARTY OWNER, LOSS, CORRUPTION, ATTACK, VIRUSESLICENSOR, OR HACKING; (III) DISTRIBUTOR OF SUCH THIRD-PARTY MATERIALS. SDSA DISCLAIMS ANY INFORMATION OBTAINED BY YOU AS A RESULT RESPONSIBILITY FOR ANY LOSS OF THE SERVICE WILL BE ACCURATE OR RELIABLE; ANY OF YOUR CONTENT AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD BACKUP OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.OF YOUR CONTENT.
Appears in 2 contracts
Sources: End User License Agreement, End User License Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE UNDERSTAND AND AGREE THAT, TO THAT YOUR USE OF THE EXTENT PERMITTED BY APPLICABLE LAW, SERVICE IS AT YOUR RISK. YOU ALSO UNDERSTAND AND AGREE THAT THE SERVICE, APPLE SOFTWARE, SERVICES AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE YOU UNDERSTAND AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM ALL AGREE THAT WE DO NOT MAKE ANY WARRANTIES OF ANY KINDKIND AS TO THE USE OF THE SERVICE, EQUIPMENT, HARDWARE, SOFTWARE OR INTERNET PROVIDER SERVICE, OR ANY PART OF THEM, WHETHER EXPRESS EXPRESSED OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON- INFRINGEMENTNONINFRINGEMENT. IN PARTICULAR, APPLE MAKES WE MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, UNINTERRUPTED, SECURE, OR FREE ERROR-FREE. WE ALSO MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF USING THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) , OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE OR TECHNOLOGY WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICELOSS, COMPUTERINJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OFCONSEQUENTIAL, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED CAUSED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.YOUR
Appears in 2 contracts
Sources: Digital Banking Services Agreement, Digital Banking Services Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE UNDERSTAND AND AGREE THAT: A) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. PIMSPOINTS PROVIDES THE SERVICES, TO THE EXTENT PERMITTED BY APPLICABLE LAWINCLUDING ALL CONTENT, THE SERVICE, APPLE SOFTWARE, FUNCTIONS, MATERIALS AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, INFORMATION MADE AVAILABLE ON OR MATERIALS ARE PROVIDED ON AN ACCESSED THROUGH THE SERVICES "AS IS" AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM ALL WARRANTIES WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON- WARRANTIES OF TITLE AND NON-INFRINGEMENT. IN PARTICULAR, APPLE (B) PIMSPOINTS MAKES NO WARRANTY THAT (Ii) THE SERVICE SERVICES WILL MEET YOUR REQUIREMENTS; , (IIii) YOUR USE OF THE SERVICE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNINTERRUPTEDSECURE OR ERROR-FREE, SECUREAND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OTHER MATERIAL PURCHASED OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THROUGH THE SERVICE SERVICES WILL BE ACCURATE OR RELIABLE; AND (IVMEET YOUR EXPECTATIONS. C) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE SERVICES IS ACCESSED DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
Appears in 2 contracts
Sources: Terms and Conditions, Terms and Conditions
Disclaimer of Warranties. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, AND OTHER CONTENT IN THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PROVIDER AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF THE PROVIDER (“PROVIDER GROUP”) DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS IMPLIED OR COLLATERAL, RELATED TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE PROVIDER GROUP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PROVIDER GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SERVICE OR ANY WEB SERVICES LINKED TO THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE PROVIDER GROUP MAKES NO WARRANTIES OR CONDITIONS THAT YOUR USE OF SERVICE, OR THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, OR OTHER CONTENT IN THE SERVICE OR ANY WEB SERVICE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE PROVIDER GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, OR OTHER CONTENT OF THE SERVICE OR ANY OTHER WEB SERVICE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES AND CONDITIONS, THE ABOVE EXCLUSIONS WILL APPLY TO YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS . IF YOU ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. IN PARTICULAR, APPLE MAKES NO WARRANTY THAT (I) ACCESSING THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE, OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD EUROPEAN UNION OR OTHER JURISDICTIONS THAT TO DO NOT RECOGNIZE DISCLAIMERS OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT CERTAIN WARRANTIES, NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM THE SERVICE IS NOT INTENDED NEGLIGENCE OF EITHER PARTY OR SUITABLE FOR USE IN SITUATIONS THEIR SERVANTS, AGENTS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEEMPLOYEES.
Appears in 2 contracts
Sources: Terms of Use, Terms of Use
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN SECTION 12.1, SECTION 12.2 AND AGREE THATSECTION 12.3, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, ALL KSG SERVICES AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR KSG MATERIALS ARE PROVIDED ON AN "“AS IS" ” AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM KSG HEREBY DISCLAIMS ALL WARRANTIES OF ANY KINDWARRANTIES, WHETHER EXPRESS OR EXPRESS, IMPLIED, INCLUDING BUT NOT LIMITED TO THE STATUTORY OR OTHER, AND KSG SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. IN PARTICULARWITHOUT LIMITING THE FOREGOING, APPLE KSG MAKES NO WARRANTY OF ANY KIND THAT (I) THE SERVICE KSG SERVICES OR KSG MATERIALS, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR CUSTOMER’S OR ANY OTHER PERSON’S REQUIREMENTS; (II) YOUR USE , OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER KSG SERVICES EXCEPT IF AND TO THE EXTENT EXPRESSLY SET FORTH IN THE SPECIFICATIONS, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR FREE. ALL THIRD-PARTY MATERIALS ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD PARTY MATERIALS IS STRICTLY BETWEEN CUSTOMER AND THE THIRD-PARTY OWNER OR DISTRIBUTOR OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE, OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGETHIRD-PARTY MATERIALS.
Appears in 2 contracts
Sources: KSG Subscription Agreement, KSG Subscription Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE Exclusions of Warranties) of the General Terms does not apply to Zelle Payment Services. EXCEPT AS OTHERWISE PROVIDED HEREIN, AND AGREE THAT, SUBJECT TO THE EXTENT PERMITTED BY APPLICABLE LAW, ▇▇▇▇▇ MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE ZELLE PAYMENT SERVICE, APPLE SOFTWARE, AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) ZELLE EXPRESSLY DISCLAIM DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR EXPRESS, IMPLIED, INCLUDING STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- NON-INFRINGEMENT, WITH REGARD TO THE ZELLE PAYMENT SERVICE. ZELLE DOES NOT WARRANT THAT THE ZELLE PAYMENT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE ZELLE PAYMENT SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. Section 34 (Limitation of Liability) of the General Terms does not apply to Zelle Payment Services. EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN PARTICULARNO EVENT WILL WE, APPLE MAKES NO WARRANTY THAT ZELLE, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS OR NETWORK FINANCIAL INSTITUTIONS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICE WILL MEET YOUR REQUIREMENTSZELLE PAYMENT SERVICE; (II) YOUR USE OF THE SERVICE WILL BE TIMELYANY CLAIM ATTRIBUTABLE TO ERRORS, UNINTERRUPTED, SECUREOMISSIONS, OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OTHER INACCURACIES IN THE ZELLE PAYMENT SERVICES DESCRIBED OR HACKINGPROVIDED; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT UNAUTHORIZED ACCESS TO OR ALTERATION OF THE SERVICE WILL BE ACCURATE YOUR TRANSMISSIONS OR RELIABLEDATA; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.OR
Appears in 2 contracts
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THATEXCEPT AS SET FORTH IN THESE TERMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON- NON-INFRINGEMENT. IN PARTICULAR, APPLE MAKES WE MAKE NO WARRANTY THAT (I) THE SUPPORT SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF , OR THAT THE SUPPORT SERVICE WILL BE UNINTERRUPTED, TIMELY, UNINTERRUPTED, SECURE, OR FREE ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, THE USE OF THE SUPPORT SERVICE OR HACKING; (III) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THROUGH THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTEDSUPPORT SERVICE. YOU UNDERSTAND AND AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SUPPORT SERVICE IS ACCESSED DONE AT YOUR OWN DISCRETION AND RISK, RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, /SYSTEM OR LOSS OF DATA THAT RESULTS RESUL TS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SUPPORT SERVICE SHALL CREATE ANY SUCH MATERIALWARRANTY NOT EXPRESSLY MADE HEREIN. YOU FURTHER ACKNOWLEDGE THAT SOME JURISDICTIONS DO NOT ALLOW THE SERVICE IS EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD APPLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEEACH CUSTOMER.
Appears in 2 contracts
Sources: Terms and Conditions, Terms and Conditions
Disclaimer of Warranties. THE FOLLOWING DISCLAIMER SHALL APPLY TO YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, . YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE, APPLE SOFTWARE, AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND THAT YOUR USE OF OR RELIANCE ON EITHER IS AT YOUR SOLE RISK AND DISCRETION. APPLE INNOVER HEREBY DISCLAIMS ANY AND ITS AFFILIATESALL REPRESENTATIONS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS WARRANTIES AND LICENSORS (COLLECTIVELY, “APPLE” FOR GUARANTIES REGARDING THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KINDSERVICES, WHETHER EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING BUT NOT LIMITED TO AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENTNONINFRINGEMENT. IN PARTICULARFURTHERMORE, APPLE INNOVER MAKES NO WARRANTY THAT (IA) THE SERVICE SERVICES WILL MEET YOUR REQUIREMENTS; (IIB) YOUR USE OF THE SERVICE SERVICES WILL BE AVAILABLE, TIMELY, UNINTERRUPTEDCURRENT, SECUREACCURATE, RELIABLE, COMPLETE, SECURE OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKINGERROR- FREE; (IIIC) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU AS A RESULT OF THROUGH THE SERVICE SERVICES WILL BE ACCURATE AS REPRESENTED OR RELIABLEMEET YOUR EXPECTATIONS; AND OR (IVD) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INNOVER OR THE SERVICES SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT FROM TIME INNOVER HAS NO OBLIGATION TO TIME APPLE MAY REMOVE SUPPORT OR MAINTAIN THE SERVICE FOR INDEFINITE PERIODS OF TIMESERVICES. YOU ACKNOWLEDGE AND AGREE THAT INNOVER MIGHT NOT BE ABLE TO OFFER THE SERVICES AT ALL, OR CANCEL IN THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE ABSENCE OF THE SERVICE IS ACCESSED AT FOREGOING DISCLAIMERS AND LIMITATIONS. IN THE EVENT OF ANY FAILURE OF THE SERVICES TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY INNOVER AND INNOVER WILL, AS YOUR OWN DISCRETION SOLE AND RISKEXCLUSIVE REMEDY, USE COMMERCIALLY REASONABLE EFFORTS TO SATISFY THE WARRANTY. INNOVER WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE SERVICES, AND YOU ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGESOLE RESPONSIBILITY.
Appears in 2 contracts
Sources: Terms of Service, Terms of Service
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AGREE YOUR USE OF THE SERVICES AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, ALL INFORMATION AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE WE, AND ITS AFFILIATESOUR SERVICE PROVIDERS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KINDKIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. WE, AND NON- INFRINGEMENT. IN PARTICULAROUR SERVICE PROVIDERS, APPLE MAKES MAKE NO WARRANTY THAT THE SERVICES (Ii) THE SERVICE WILL MEET YOUR REQUIREMENTS; , (IIii) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, UNINTERRUPTED, SECURE, OR FREE ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE SERVICES WILL BE ACCURATE OR RELIABLE; AND , (IViv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE SERVICES OR TECHNOLOGY WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE SERVICES IS ACCESSED DONE AT YOUR OWN DISCRETION AND RISK, RISK AND YOU WILL BE ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FURTHER ACKNOWLEDGE THAT FROM FINANCIAL INSTITUTION OR ITS SERVICE PROVIDERS THROUGH OR FROM THE SERVICE IS SERVICES WILL CREATE ANY WARRANTY NOT INTENDED OR SUITABLE FOR USE EXPRESSLY STATED IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGETHESE TERMS.
Appears in 2 contracts
Sources: Online Banking and Bill Payment Agreement, Online Banking and Bill Payment Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THAT THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE APPLICATION IS PROVIDED ON AN "“AS IS" ” AND "“AS AVAILABLE" ” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY ARE AT YOUR SOLE RISK AND DISCRETION. APPLE STARHUB, THE LICENSOR AND ITS AFFILIATESSERVICE PROVIDERS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS WARRANTIES AND LICENSORS (COLLECTIVELY, “APPLE” FOR GUARANTIES REGARDING THE PURPOSES OF SECTIONS 9 APPLICATION AND 10 HEREIN) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KINDTHIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING BUT NOT LIMITED TO AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- NON-INFRINGEMENT. IN PARTICULARFURTHERMORE, APPLE MAKES WE, THE LICENSOR AND SERVICE PROVIDERS MAKE NO WARRANTY THAT (I) THE SERVICE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE AVAILABLE, TIMELY, UNINTERRUPTEDCURRENT, SECUREACCURATE, RELIABLE, COMPLETE, SECURE OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKINGERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU AS A RESULT OF THROUGH THE SERVICE APPLICATION WILL BE ACCURATE AS REPRESENTED OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.MEET
Appears in 2 contracts
Sources: End User License Agreement (Eula), End User License Agreement (Eula)
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO EXCEPT AS EXPLICITLY PROVIDED IN THIS MASTER AGREEMENT (INCLUDING IN ANY SERVICE ADDENDUM OR EXHIBIT):
(a) THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, SERVICES AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS EQUIPMENT PROVIDED UNDER THIS MASTER AGREEMENT ARE PROVIDED ON AN "“AS IS" AND "”, “AS AVAILABLE" ” BASIS. APPLE ;
(b) THE PARTIES ACKNOWLEDGE THAT GIVEN THE SERVICES (INCLUDING ANY EQUIPMENT) MAY DEPEND TO SOME EXTENT ON COMPANY, BPPR, AND ITS AFFILIATESTHEIR RESPECTIVE SUBSIDIARIES’ OWN COMPUTER SYSTEMS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM ALL EVERTEC DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT.
(c) EVERTEC DOES NOT MAKE ANY WARRANTIES OF ANY KIND WITH RESPECT TO LOSS OR CORRUPTION OF DATA, AND NON- INFRINGEMENT. IN PARTICULARLOSS OR DAMAGE TO EQUIPMENT AND/OR SOFTWARE, APPLE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELYSYSTEM RESPONSE TIMES, UNINTERRUPTEDTELECOMMUNICATION LINES OR OTHER COMMUNICATION DEVICES, SECUREQUALITY, AVAILABILITY, RELIABILITY, SECURITY ACCESS DELAYS OR FREE FROM ERRORSACCESS INTERRUPTIONS, LOSS, CORRUPTION, ATTACK, NOR COMPUTER VIRUSES, BUGS OR HACKING; ERRORS.
(IIId) EVERTEC DOES NOT MAKE ANY INFORMATION WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE OR AS TO THE RESULTS THAT MAY BE OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED SERVICES AND EVERTEC ASSUMES NO RESPONSIBILITY OR LIABILITY IF TELECOMMUNICATION CARRIERS ARE NOT AVAILABLE AT YOUR OWN DISCRETION AND RISKANY GIVEN TIME.
(e) EVERTEC, ITS AFFILIATES, AND YOU WILL BE SOLELY RESPONSIBLE THEIR RESPECTIVE REPRESENTATIVES ARE NOT LIABLE, AND EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD CONTENT OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE DATA OF COMPANY, BPPR, AND THEIR RESPECTIVE SUBSIDIARIES THAT IS TRANSFERRED BY COMPANY, BPPR, AND THEIR RESPECTIVE SUBSIDIARIES TO THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION SERVICES PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEEVERTEC.
Appears in 2 contracts
Sources: Master Service Agreement (Popular, Inc.), Master Service Agreement (EVERTEC, Inc.)
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE AND ALL INFORMATION, TO PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE EXTENT PERMITTED BY APPLICABLE LAW, SERVICE IS AT YOUR SOLE RISK. THE SERVICE, APPLE SOFTWARE, AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE YOUR FINANCIAL INSTITUTION AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KINDKIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT {INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON- NON-INFRINGEMENT. IN PARTICULAR, APPLE MAKES YOUR FINANCIAL INSTITUTION AND ITS SERVICE PROVIDERS MAKE NO WARRANTY THAT (Ii) THE SERVICE WILL MEET YOUR REQUIREMENTS; , (IIii) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, UNINTERRUPTED, SECURE, OR FREE ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND , {iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (IVV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE TECHNOLOGY WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED DONE AT YOUR OWN DISCRETION AND RISK, RISK AND YOU WILL BE ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FURTHER ACKNOWLEDGE THAT FROM YOUR FINANCIAL INSTITUTION OR ITS SERVICE PROVIDERS THROUGH OR FROM THE SERVICE IS WILL CREATE ANY WARRANTY NOT INTENDED EXPRESSLY STATED IN THESE TERMS. YOU AGREE THAT NEITHER YOUR FINANCIAL INSTITUTION OR SUITABLE ITS SERVICE PROVIDERS NOR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR USE IN SITUATIONS ANY ▇▇▇▇▇, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OFEXEMPLARY DAMAGES, OR ERRORS OR INACCURACIES ININCLUDING, THE CONTENTBUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF YOUR FINANCIAL INSTITUTION OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION PROVIDED BY OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE COULD LEAD SERVICE; (iv) UNAUTHORIZED ACCESS TO DEATHOR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; (vi) THE USE, PERSONAL INJURYINABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR SEVERE PHYSICAL NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR ENVIRONMENTAL DAMAGE(vii) ANY OTHER MATTER RELATING TO THE SERVICE.
Appears in 2 contracts
Sources: Business Online & Mobile Banking Service Agreement, Business Online & Mobile Banking Service Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN 11.1 AND AGREE THAT11.2, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, ALL SERVICES AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR PROFESSIONAL AND PROVIDER MATERIALS ARE PROVIDED ON AN "“AS IS" AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE.” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM PROVIDER SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. IN PARTICULARWITHOUT LIMITING THE FOREGOING, APPLE PROVIDER MAKES NO WARRANTY OF ANY KIND THAT (I) THE SERVICE SERVICES, PROFESSIONAL SERVICES, OR PROVIDER MATERIALS, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR CUSTOMER’S OR ANY OTHER PERSON’S REQUIREMENTS; (II) YOUR USE , OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. ALL THIRD-PARTY MATERIALS ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD-PARTY MATERIALS IS STRICTLY BETWEEN CUSTOMER AND THE THIRD-PARTY OWNER OR DISTRIBUTOR OF THE SERVICE THIRD-PARTY MATERIALS. PROVIDER DOES NOT REPRESENT OR WARRANT IN ANY WAY THAT THE SERVICES OR PROFESSIONAL SERVICES WILL BE TIMELYREDUCE OR PREVENT THE CONTRACTION OR SPREAD OF ANY INFECTIOUS DISEASES IN A PROPERTY, UNINTERRUPTED, SECURE, AND CUSTOMER UNDERSTANDS THAT IT IS FULLY AND SOLELY RESPONSIBLE FOR ALL ACTIONS TAKEN BY IT OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, ITS REPRESENTATIVES PURSUANT TO OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE SERVICES OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEPROVIDER’S DELIVERABLES.
Appears in 2 contracts
Sources: Terms of Service, Terms of Service
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AGREE THAT YOUR USE OF THE SERVICE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, ALL INFORMATION AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE CONTENT (INCLUDING THAT OF THIRD PARTY SERVICE PROVIDERS) IS AT YOUR RISK AND IS PROVIDED ON AN "“AS IS" ” AND "“AS AVAILABLE" ” BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY WE DISCLAIM ALL WARRANTIES OF ANY KINDKIND AS TO THE USE OF THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON- INFRINGEMENTNONINFRINGEMENT. IN PARTICULAR, APPLE MAKES WE MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, UNINTERRUPTED, SECURE, OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION ERROR-FREE. WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) RELIABLE OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF SERVICE OR THE TECHNOLOGY SUPPORTING THE SERVICE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THERE ARE CERTAIN SECURITY, CORRUPTION, TRANSMISSION ERROR AND AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE SERVICE IS NOT INTENDED INTERNET, AND TELECOMMUNICATION LINES OR SUITABLE CIRCUITS. YOU HEREBY ASSUME ALL OF THE FOREGOING RISKS. YOU AGREE THAT NO ORAL OR WRITTEN ADVICE OR REPRESENTATION OBTAINED FROM ANY BANK EMPLOYEE OR REPRESENTATIVE SHALL CREATE A WARRANTY OR REPRESENTATION FOR USE IN SITUATIONS PURPOSES OF THIS AGREEMENT OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGESERVICE.
Appears in 2 contracts
Sources: Mobile Check Deposit Agreement, Mobile Check Deposit Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO EXCEPT FOR THE EXTENT PERMITTED BY APPLICABLE LAWLIMITED WARRANTY SET FORTH IN SECTION 11(a) ABOVE, THE SERVICESERVICES AND ALL INFORMATION, APPLE SOFTWAREDOCUMENTATION, AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS RELATED THERETO ARE PROVIDED ON AN "”AS IS" ” AND "“AS AVAILABLE" BASIS. APPLE ,” AND ITS AFFILIATESCONTINUITY HEREBY DISCLAIMS ALL WARRANTIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EITHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND NON- INFRINGEMENTALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN PARTICULARSECTION 11(a), APPLE MAKES NO WARRANTY CONTINUITY DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF SERVICES, DOCUMENTATION, OR ANY MATERIALS AVAILABLE ON OR THROUGH THE SERVICE SERVICES OR THROUGH CONTINUITY ARE OR WILL BE TIMELYACCURATE, UNINTERRUPTEDCURRENT, SECUREERROR-FREE, VIRUS FREE, RELIABLE OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THE SYSTEM IS OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY THAT DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE CONTINUITY IS NOT THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISKPROVIDER OF, AND YOU WILL BE SOLELY RESPONSIBLE FOR MAKES NO WARRANTIES WITH RESPECT TO, ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGETHIRD-PARTY MATERIALS.
Appears in 2 contracts
Sources: Software as a Service Terms of Use, Software as a Service Terms of Use
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE YOUR USE OF THE SERVICE AND AGREE THATALL INFORMATION, TO PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE EXTENT PERMITTED BY APPLICABLE LAW, SERVICE IS AT YOUR SOLE RISK. THE SERVICE, APPLE SOFTWARE, AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE COMPANY AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) SERVICE PROVIDER EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KINDKIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON- INFRINGEMENTNONINFRINGEMENT. IN PARTICULAR, APPLE MAKES COMPANY AND SERVICE PROVIDER MAKE NO WARRANTY THAT (Ii) THE SERVICE WILL MEET YOUR REQUIREMENTS; , (IIii) YOUR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE TIMELYACCURATE, UNINTERRUPTED(iv) THE QUALITY OF ANY PRODUCTS, SECURESERVICES, INFORMATION, OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OTHER MATERIAL PURCHASED OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THROUGH THE SERVICE WILL BE ACCURATE MEET YOUR EXPECTATIONS, OR RELIABLE; AND (IVV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE TECHNOLOGY WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED DONE AT YOUR OWN DISCRETION AND RISK, RISK AND YOU WILL BE ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FURTHER ACKNOWLEDGE THAT FROM COMPANY OR SERVICE PROVIDER THROUGH OR FROM THE SERVICE IS WILL CREATE ANY WARRANTY NOT INTENDED EXPRESSLY STATED IN THESE TERMS. YOU AGREE THAT NEITHER COMPANY OR SUITABLE SERVICE PROVIDER NOR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR USE IN SITUATIONS ANY ▇▇▇▇▇, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OFEXEMPLARY DAMAGES, OR ERRORS OR INACCURACIES ININCLUDING, THE CONTENTBUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF COMPANY OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION PROVIDED BY OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.SERVICE;
Appears in 2 contracts
Sources: Terms of Service, Terms of Service
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AGREE YOUR USE OF THE SERVICES AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, ALL INFORMATION AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE WE, AND ITS AFFILIATESOUR SERVICE PROVIDERS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KINDKIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. WE, AND NON- INFRINGEMENT. IN PARTICULAROUR SERVICE PROVIDERS, APPLE MAKES MAKE NO WARRANTY THAT THE SERVICES (Ii) THE SERVICE WILL MEET YOUR REQUIREMENTS; , (IIii) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, UNINTERRUPTED, SECURE, OR FREE ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE SERVICES WILL BE ACCURATE OR RELIABLE; AND , (IViv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE SERVICES OR TECHNOLOGY WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY CORRECTED.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE SERVICES IS ACCESSED DONE AT YOUR OWN DISCRETION AND RISK, RISK AND YOU WILL BE ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FURTHER ACKNOWLEDGE FROM FINANCIAL INSTITUTION OR ITS SERVICE PROVIDERS THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. 13. LIMITATION OF LIABILITY. YOU AGREE THAT THE FINANCIAL INSTITUTION AND ITS THIRD PARTY SERVICE IS PROVIDERS WILL NOT INTENDED BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR SUITABLE EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OFLOSS OF PROFITS, OR ERRORS OR INACCURACIES INGOODWILL, THE CONTENTUSE, DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SERVICES AT OUR WEBSITE/MOBILE APPLICATION OR OF ANY THIRD PARTY ACCOUNT PROVIDER'S WEBSITE/MOBILE APPLICATION; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION PROVIDED BY OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE COULD LEAD SERVICES, (iv) UNAUTHORIZED ACCESS TO DEATHOR ALTERATION OF YOUR TRANSMISSION OR DATA, PERSONAL INJURY(v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES, (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBLITY OF SUCH DAMAGES, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE(vii) ANY OTHER MATTER RELATING TO THE SERVICES.
Appears in 2 contracts
Sources: End User License Agreement, End User License Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THATEXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN SECTION 9.1, TO THE EXTENT PERMITTED BY APPLICABLE LAWALL SERVICES, THE SERVICE, APPLE SOFTWAREGUEST DATA, AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR TRIPAROUND MATERIALS ARE PROVIDED ON AN "“AS IS" AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE.” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM TRIPAROUND SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. IN PARTICULARWITHOUT LIMITING THE FOREGOING, APPLE TRIPAROUND MAKES NO WARRANTY OF ANY KIND THAT (I) THE SERVICE SERVICES, GUEST DATA, OR TRIPAROUND MATERIALS, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR CUSTOMER’S OR ANY OTHER PERSON’S REQUIREMENTS; (II) YOUR USE , OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. ALL THIRD-PARTY SERVICES ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD-PARTY MATERIALS OR SERVICES IS STRICTLY BETWEEN CUSTOMER AND/OR CUSTOMER’S GUESTS OR TRAVEL CLIENTS ON ONE HAND AND THE THIRD-PARTY OWNER, PROVIDER, OR DISTRIBUTOR OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE, THIRD-PARTY MATERIALS OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF SERVICES ON THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEOTHER HAND.
Appears in 2 contracts
Sources: Software as a Service Agreement, Software as a Service Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE UNDERSTAND AND AGREE THAT, THAT YOUR USE OF THE SERVICE IS AT YOUR RISK. YOU ALSO UNDERSTAND AND AGREE THAT THE SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU UNDERSTAND AND AGREE THAT WE DO NOT MAKE ANY WARRANTIES OF ANY KIND AS TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SERVICE, APPLE SOFTWAREEQUIPMENT, AND ANY ASSOCIATED CONTENTHARDWARE, FEATURE, FUNCTIONALITYSOFTWARE OR INTERNET PROVIDER SERVICE, OR MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES ANY PART OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KINDTHEM, WHETHER EXPRESS EXPRESSED OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON- INFRINGEMENTNONINFRINGEMENT. IN PARTICULAR, APPLE MAKES WE MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, UNINTERRUPTED, SECURE, OR FREE ERROR-FREE. WE ALSO MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF USING THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) , OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE OR TECHNOLOGY WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO LOSS, INJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, CAUSED BY YOUR INTERNET PROVIDER, ANY RELATED SOFTWARE OR THE CREDIT UNION’S USE OF ANY OF THEM OR ARISING IN ANY WAY FROM THE INSTALLATION, USE OR MAINTENANCE OF YOUR PERSONAL MOBILE DEVICE, COMPUTERHARDWARE, SOFTWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEOTHER EQUIPMENT.
Appears in 2 contracts
Sources: Business Mobile Remote Deposit Capture Agreement, Mobile Deposit Capture Service End User Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE AND ALL INFORMATION, TO PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE EXTENT PERMITTED BY APPLICABLE LAW, SERVICE IS AT YOUR SOLE RISK. THE SERVICE, APPLE SOFTWARE, AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE AMEX AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) PPS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KINDKIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON- INFRINGEMENTNONINFRINGEMENT. IN PARTICULAR, APPLE MAKES AMEX AND PPS MAKE NO WARRANTY THAT (Ii) THE SERVICE WILL MEET YOUR REQUIREMENTS; , (IIii) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, UNINTERRUPTED, SECURE, OR FREE ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND , (IViv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE TECHNOLOGY WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED DONE AT YOUR OWN DISCRETION AND RISK, RISK AND YOU WILL BE ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FURTHER ACKNOWLEDGE THAT FROM AMEX OR PPS THROUGH OR FROM THE SERVICE IS WILL CREATE ANY WARRANTY NOT INTENDED OR SUITABLE FOR USE EXPRESSLY STATED IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGETHESE TERMS.
Appears in 2 contracts
Sources: American Express Payment Services Client Agreement, American Express Payment Services Client Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AGREE YOUR USE OF THE SERVICES AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, ALL INFORMATION AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY WE DISCLAIM ALL WARRANTIES OF ANY KINDKIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON- INFRINGEMENTNONINFRINGEMENT. IN PARTICULAR, APPLE MAKES WE MAKE NO WARRANTY THAT THE SERVICES (Ii) THE SERVICE WILL MEET YOUR REQUIREMENTS; , (IIii) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, UNINTERRUPTED, SECURE, OR FREE ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE SERVICES WILL BE ACCURATE OR RELIABLE; AND , (IViv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE SERVICES OR TECHNOLOGY WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE SERVICES IS ACCESSED DONE AT YOUR OWN DISCRETION AND RISK, RISK AND YOU WILL BE ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FURTHER ACKNOWLEDGE THAT FROM USAA OR ITS SERVICE PROVIDERS THROUGH OR FROM THE SERVICE IS SERVICES WILL CREATE ANY WARRANTY NOT INTENDED OR SUITABLE FOR USE EXPRESSLY STATED IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGETHESE TERMS.
Appears in 2 contracts
Sources: Non Usaa Account Access Agreement, Non Usaa Account Access Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, THE C3 HUB IS PROVIDED TO THE EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER WITH THE SERVICE, APPLE SOFTWARE, AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE PROVIDED CUSTOMER SPECIFIC OPTIONS INCLUDED IN THE C3 HUB ORDER FORM BUT OTHERWISE STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE ALL CONDITIONS, REPRESENTATIONS AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KINDWARRANTIES, WHETHER EXPRESS OR EXPRESS, IMPLIED, INCLUDING BUT NOT LIMITED TO THE STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY C3. EXCEPT AS SPECIFICALLY SET OUT HEREIN, AND NON- INFRINGEMENT. IN PARTICULAR, APPLE MAKES NO WARRANTY THAT (I) C3 DOES NOT REPRESENT OR WARRANT THAT:
A. THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE C3 HUB WILL BE TIMELY, UNINTERRUPTEDUNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SECURESOFTWARE, SYSTEM OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, DATA;
B. THE C3 HUB WILL MEET THE CUSTOMER’S REQUIREMENTS OR HACKING; (III) EXPECTATIONS;
C. ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE STORED DATA WILL BE ACCURATE OR RELIABLE; AND (IV) ;
D. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM A THIRD PARTY BY THE CUSTOMER THROUGH THE C3 HUB WILL MEET THE CUSTOMER’ REQUIREMENTS OR EXPECTATIONS;
E. ERRORS OR DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED; OR,
F. THE C3 HUB OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT FROM TIME THE C3 HUB MAY BE SUBJECT TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIMELIMITATIONS, OR CANCEL THE SERVICE DELAYS, AND OTHER PROBLEMS INHERENT IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE INTERNET AND ELECTRONIC COMMUNICATIONS. C3 IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICEDELAYS, COMPUTERDELIVERY FAILURES, OR LOSS OF DATA THAT RESULTS OTHER DAMAGE RESULTING FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEPROBLEMS.
Appears in 2 contracts
Sources: Terms of Use Agreement, Terms of Use Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE AND ALL INFORMATION, TO PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE EXTENT PERMITTED BY APPLICABLE LAW, SERVICE IS AT YOUR SOLE RISK. THE SERVICE, APPLE SOFTWARE, AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE TRUIST AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) SERVICE PROVIDER EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KINDKIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON- INFRINGEMENTNONINFRINGEMENT. IN PARTICULAR, APPLE MAKES TRUIST AND SERVICE PROVIDER MAKE NO WARRANTY THAT (Ii) THE SERVICE WILL MEET YOUR REQUIREMENTS; , (IIii) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, UNINTERRUPTED, SECURE, OR FREE ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND , (IViv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE TECHNOLOGY WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED DONE AT YOUR OWN DISCRETION AND RISK, RISK AND YOU WILL BE ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FURTHER ACKNOWLEDGE THAT FROM TRUIST OR SERVICE PROVIDER THROUGH OR FROM THE SERVICE IS WILL CREATE ANY WARRANTY NOT INTENDED EXPRESSLY STATED IN THESE TERMS. LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER TRUIST OR SUITABLE SERVICE PROVIDER NOR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR USE IN SITUATIONS ANY ▇▇▇▇▇, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OFEXEMPLARY DAMAGES, OR ERRORS OR INACCURACIES ININCLUDING, THE CONTENTBUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF TRUIST OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION PROVIDED BY OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE COULD LEAD SERVICE; (iv) UNAUTHORIZED ACCESS TO DEATHOR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; (vi) THE USE, PERSONAL INJURYINABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR SEVERE PHYSICAL NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR ENVIRONMENTAL DAMAGE(vii) ANY OTHER MATTER RELATING TO THE SERVICE.
Appears in 2 contracts
Sources: Truist Online and Mobile Banking for Business Service Agreement, Online and Mobile Banking Service Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE UNDERSTAND AND AGREE THATTHAT k) YOUR USE OF THE SERVICE AND ALL INFORMATION, TO PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE EXTENT PERMITTED BY APPLICABLE LAW, SERVICE IS AT YOUR SOLE RISK. THE SERVICE, APPLE SOFTWARE, AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE YOUR FINANCIAL INSTITUTION AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KINDKIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON- INFRINGEMENTNONINFRINGEMENT. IN PARTICULAR, APPLE MAKES l) YOUR FINANCIAL INSTITUTION AND ITS SERVICE PROVIDERS MAKE NO WARRANTY THAT (I( i ) THE SERVICE WILL MEET YOUR REQUIREMENTS; , (IIii) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, UNINTERRUPTED, SECURE, OR FREE ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND , (IViv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE TECHNOLOGY WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. m) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED DONE AT YOUR OWN DISCRETION AND RISK, RISK AND YOU WILL BE ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FURTHER ACKNOWLEDGE THAT FROM YOUR FINANCIAL INSTITUTION OR ITS SERVICE PROVIDERS THROUGH OR FROM THE SERVICE IS WILL CREATE ANY WARRANTY NOT INTENDED OR SUITABLE FOR USE EXPRESSLY STATED IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGETHESE TERMS.
Appears in 2 contracts
Sources: Non Personal Online and Mobile Banking Agreement, Personal Online and Mobile Banking Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AGREE YOUR USE OF THE SERVICES AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, ALL INFORMATION AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY WE DISCLAIM ALL WARRANTIES OF ANY KINDKIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON- INFRINGEMENTNONINFRINGEMENT. IN PARTICULAR, APPLE MAKES WE MAKE NO WARRANTY THAT THE SERVICES (Ii) THE SERVICE WILL MEET YOUR REQUIREMENTS; , (IIii) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, UNINTERRUPTED, SECURE, OR FREE ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; , AND (IViv) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE SERVICES OR TECHNOLOGY WILL BE CORRECTED. LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM TIME THE USE OR THE INABILITY TO TIME APPLE MAY REMOVE USE THE SERVICE FOR INDEFINITE PERIODS OF TIMESERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS TERMINATION OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SERVICES, REGARDLESS OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISKFORM OF ACTION OR CLAIM (WHETHER CONTRACT, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICETORT, COMPUTERSTRICT LIABILITY OR OTHERWISE), OR LOSS EVEN IF MTC FEDERAL HAS BEEN INFORMED OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEPOSSIBILITY THEREOF.
Appears in 2 contracts
Sources: Membership Agreement, Membership Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAWSITE, THE SERVICESERVICE AND CONTENT PROVIDED BY FINLOCITY IS PROVIDED “AS IS”, APPLE SOFTWAREWITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND ANY ASSOCIATED CONTENTSTATUTORY WARRANTIES, FEATUREINCLUDING, FUNCTIONALITYWITHOUT LIMITATION, OR MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENTNON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED BY FINLOCITY AND ITS LICENSORS TO THE FULLEST EXTENT PERMITTED BY LAW. FINLOCITY AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILTY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY, NONINFRINGEMENT OR COMPLETENESS OF THE SITE, THE SERVICE OR ANY CONTENT, OR ANY USER DATA. FINLOCITY AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT: (A) THE USE OF THE SITE OR THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR- FREE OR OPERATE IN PARTICULARCOMBINATION WITH ANY OTHER HARDWARE, APPLE MAKES NO WARRANTY THAT SOFTWARE, SYSTEM OR DATA; (IB) THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTSREQUIREMENTS OR EXPECTATIONS; (IIC) ANY OF THE PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (D) ERRORS OR DEFECTS WILL BE CORRECTED; OR (E) THE SITE AND THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY ACCEPT THE FOREGOING DISCLAIMERS AS A CONDITION OF USE OF THE SERVICE WILL BE TIMELYSITE. FINLOCITY FURTHER DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, UNINTERRUPTEDFAILURE TO STORE, SECUREMISDELIVERY, OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) UNTIMELY DELIVERY OF ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) MATERIAL. FINLOCITY DISCLAIMS ANY DEFECTS RESPONSIBILITHY OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. YOU AGREE THAT LIABILITY FOR ANY HARM RESULTING FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, DOWNLOADING OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ACCESSING ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SITE OR THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISKSERVICE, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICEACCEPT SUCH RISK AS A CONDITION OF USE. In any jurisdiction that does not allow the disclaimer of implied warranties, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEthe foregoing disclaimers may not apply to You as they relate to implied warranties.
Appears in 2 contracts
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO EXCEPT FOR THE EXTENT PERMITTED BY APPLICABLE LAWEXPRESS WARRANTIES SET FORTH IN SECTION 13.1 (Limited Warranty), THE SERVICESERVICES, APPLE SOFTWARELICENSED MATERIALS, THE EQUIPMENT, WORK PRODUCT, AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ALL OTHER DELIVERABLES ARE PROVIDED ON AN "“AS IS" ” AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM UNISERVE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KINDWARRANTIES, WHETHER EXPRESS OR EXPRESS, IMPLIED, INCLUDING BUT NOT LIMITED TO THE STATUTORY OR OTHER, AND UNISERVE SPECIFICALLY DISCLAIMS ALL IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. IN PARTICULARWITHOUT LIMITING THE FOREGOING, APPLE UNISERVE MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, LICENSED MATERIALS, EQUIPMENT, WORK PRODUCT, OR ANY OTHER DELIVERABLES, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL: (I) THE SERVICE WILL MEET YOUR CUSTOMER’S OR ANY OTHER PERSON’S REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE, OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKINGOPERATE WITHOUT INTERRUPTION; (III) ACHIEVE ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLEINTENDED RESULT; AND (IV) BE COMPATIBLE OR WORK WITH ANY DEFECTS SOFTWARE, SYSTEM OR ERRORS OTHER SERVICES (EXCEPT IF AND TO THE EXTENT EXPRESSLY SET FORTH IN THE SOFTWARE QUOTATION); OR (V) BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. ALL THIRD PARTY MATERIALS ARE PROVIDED TO YOU “AS PART IS” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD PARTY MATERIALS IS STRICTLY BETWEEN CUSTOMER AND THE THIRD-PARTY OWNER OR THIRD-PARTY DISTRIBUTOR OF THE SERVICE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGETHIRD PARTY MATERIALS.
Appears in 2 contracts
Sources: Master Services Agreement, Master Services Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO a. YOUR USE OF THE EXTENT PERMITTED BY APPLICABLE LAW, SERVICE IS AT YOUR SOLE RISK. THE SERVICE, APPLE SOFTWARE, AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) COMCELL EXPRESSLY DISCLAIM DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON- NON-INFRINGEMENT. IN PARTICULAR, APPLE .
b. COMCELL MAKES NO WARRANTY THAT (Ii) THE SERVICE WILL MEET YOUR REQUIREMENTS; , OR (IIii) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, UNINTERRUPTED, SECURE, OR ERROR-FREE FROM ERRORS(FOR EXAMPLE BUT WITHOUT LIMITATION, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY COMCELL DOES NOT WARRANT THAT YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED ALWAYS RECEIVE EMAILS ADDRESSED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. YOU).
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED DONE AT YOUR OWN DISCRETION AND RISK, RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. .
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS FROM COMCELL OR THROUGH OR FROM COMCELL’S WEBSITE WILL CREATE ANY WARRANTY NOT INTENDED OR SUITABLE FOR USE EXPRESSLY STATED IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGETHIS AGREEMENT.
Appears in 2 contracts
Sources: Internet Terms of Service, Internet Terms of Service
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE UNDERSTAND AND AGREE THAT, TO THAT YOUR USE OF THE EXTENT PERMITTED BY APPLICABLE LAW, SERVICES IS AT YOUR RISK. YOU ALSO UNDERSTAND AND AGREE THAT THE SERVICE, APPLE SOFTWARE, SERVICES AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS PROVIDED ON AN "“AS IS" ” AND "“AS AVAILABLE" ” BASIS. APPLE YOU UNDERSTAND AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM ALL AGREE THAT WE DO NOT MAKE ANY WARRANTIES OF ANY KINDKIND AS TO THE USE OF THE SERVICES, EQUIPMENT, SOFTWARE OR INTERNET PROVIDER SERVICE, OR ANY PART OF THEM, WHETHER EXPRESS EXPRESSED OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITYMERCHATABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON- INFRINGEMENTNONINFRINGEMENT. IN PARTICULAR, APPLE MAKES WE MAKE NO WARRANTY THAT (I) THE SERVICE SERVICES WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, UNINTERRUPTED, SECURE, OR FREE ERROR-FREE. WE ALSO MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF USING THE SERVICE SERVICES WILL BE ACCURATE OR RELIABLE; AND (IV) , OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE SERVICES OR TECHNOLOGY WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICELOSS, COMPUTERINJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL OR LOSS CONSEQUENTIAL, CAUSED BY OUR INTERNET PROVIDER, ANY RELATED SOFTWARE OR THE CREDIT UNION’S USE OF DATA THAT RESULTS ANY OF THEM OR ARISING IN ANY WAY FROM THE DOWNLOAD INSTALLATION, USE OR MAINTENANCE OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED YOUR PERSONAL COMPUTER HARDWARE, SOFTWARE OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEOTHER EQUIPMENT.
Appears in 2 contracts
Sources: Mobile Deposit Capture User Agreement, Remote Deposit Capture User Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE THE SERVICES, VTEX COMMERCE CLOUD PLATFORM, VTEX PLATFORM, VTEX API, VTEX TRADEMARKS, PLATFORM, SOFTWARE, SERVICE OFFERINGS, UPDATES, OTHER PROPRIETARY AND AGREE CONFIDENTIAL INFORMATION OF VTEX AND/OR VTEX’S THIRD PARTY SERVICES (HEREINAFTER COLLECTIVELY REFERRED TO AS "VTEX’S SERVICES") ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. PARTNER ASSUMES ALL RISKS AND RESPONSIBILITIES FOR SELECTION OF VTEX’S SERVICES TO ACHIEVE BOTH PARTNER'S AND CLIENT'S’ INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE AND PERFORMANCE OF, AND RESULTS OBTAINED FROM VTEX’S SERVICES. VTEX MAKES NO WARRANTY THAT: (i) VTEX’S SERVICES WILL BE ERROR FREE OR FREE FROM INTERRUPTION OR FAILURE; (ii) THE VTEX’S SERVICES, SOFTWARE, UPDATES OR DOCUMENTATION IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE; (iii) THERE WILL BE NO INTERFERENCE WITH PARTNER'S OR CLIENTS’ ENJOYMENT OF VTEX’S SERVICES; OR (iv) VTEX’S SERVICES WILL FULFILL ANY OF PARTNER OR CLIENTS’ PARTICULAR PURPOSES OR NEEDS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICEVTEX DISCLAIMS ALL EXPRESS, APPLE SOFTWAREIMPLIED OR STATUTORY STANDARDS, AND ANY ASSOCIATED CONTENTGUARANTEES, FEATURE, FUNCTIONALITY, REPRESENTATIONS OR MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIEDWARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE, WORKMANLIKE EFFORT, RESULTS, LACK OF NEGLIGENCE, ACCURACY OF INFORMATION OR RESULTS, TITLE AND NON- INFRINGEMENT. IN PARTICULARNONINFRINGEMENT WITH RESPECT TO VTEX’S SERVICES, APPLE MAKES NO ANY WARRANTY OF THIRD PARTY SOFTWARE, PRODUCTS OR SERVICES, FUNCTIONALITY OF HARDWARE, SOFTWARE, FIRMWARE OR COMPUTER SYSTEMS OR ANY WARRANTIES THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL MAY BE TIMELY, UNINTERRUPTED, SECURE, OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU ALLEGED TO ARISE AS A RESULT OF CUSTOM OR USAGE. PARTNER HEREBY ACKNOWLEDGES THAT VTEX’S SERVICES MAY NOT BE AVAILABLE OR MAY BECOME UNAVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, TECHNICAL FAILURE OF VTEX'S SERVICES, TELECOMMUNICATIONS INFRASTRUCTURE, OR DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE ATTACKS, INCREASED OR FLUCTUATING DEMAND, ACTIONS AND OMISSIONS OF THIRD PARTIES, OR ANY OTHER CAUSE REASONABLY BEYOND THE SERVICE WILL BE ACCURATE CONTROL OF VTEX THEREFORE, VTEX EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY REGARDING SYSTEM AND/OR RELIABLE; AND (IV) ANY DEFECTS SOFTWARE AVAILABILITY, ACCESSIBILITY, OR ERRORS IN PERFORMANCE. TO THE SOFTWARE PROVIDED TO YOU AS PART EXTENT PERMITTED BY LAW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, OR SOME OR ALL OF THE SERVICE WILL BE CORRECTED. YOU AGREE THAT FROM TIME EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEYOU.
Appears in 2 contracts
Sources: Partnership Agreement, Partnership Agreement
Disclaimer of Warranties. THE FOLLOWING DISCLAIMER SHALL APPLY TO YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, . YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE, APPLE SOFTWARE, AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS SERVICES ARE PROVIDED ON AN "«AS IS" » AND "«AS AVAILABLE" » BASIS, AND THAT YOUR USE OF OR RELIANCE ON EITHER IS AT YOUR SOLE RISK AND DISCRETION. APPLE ASURION HEREBY DISCLAIMS ANY AND ITS AFFILIATESALL REPRESENTATIONS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS WARRANTIES AND LICENSORS (COLLECTIVELY, “APPLE” FOR GUARANTIES REGARDING THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KINDSERVICES, WHETHER EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING BUT NOT LIMITED TO AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- NON-INFRINGEMENT. IN PARTICULARFURTHERMORE, APPLE ASURION MAKES NO WARRANTY THAT (IA) THE SERVICE SERVICES WILL MEET YOUR REQUIREMENTS; (IIB) YOUR USE OF THE SERVICE SERVICES WILL BE AVAILABLE, TIMELY, UNINTERRUPTEDCURRENT, SECUREACCURATE, RELIABLE, COMPLETE, SECURE OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKINGERROR-FREE; (IIIC) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU AS A RESULT OF THROUGH THE SERVICE SERVICES WILL BE ACCURATE AS REPRESENTED OR RELIABLEMEET YOUR EXPECTATIONS; AND OR (IVD) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ASURION OR THE SERVICES SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT FROM TIME ASURION HAS NO OBLIGATION TO TIME APPLE MAY REMOVE SUPPORT OR MAINTAIN THE SERVICE FOR INDEFINITE PERIODS OF TIMESERVICES. YOU ACKNOWLEDGE AND AGREE THAT ASURION MIGHT NOT BE ABLE TO OFFER THE SERVICES AT ALL, OR CANCEL IN THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE ABSENCE OF THE SERVICE IS ACCESSED AT FOREGOING DISCLAIMERS AND LIMITATIONS. IN THE EVENT OF ANY FAILURE OF THE SERVICES TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY ASURION AND ASURION WILL, AS YOUR OWN DISCRETION SOLE AND RISKEXCLUSIVE REMEDY, USE COMMERCIALLY REASONABLE EFFORTS TO SATISFY THE WARRANTY. ASURION WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE SERVICES, AND YOU ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGESOLE RESPONSIBILITY.
Appears in 2 contracts
Sources: Terms of Service, Terms of Service
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THATYOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES, TO INCLUDING ALL THE EXTENT PERMITTED BY APPLICABLE LAWMATERIALS, THE SERVICEINFORMATION, APPLE SOFTWAREFACILITIES, AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS OTHER CONTENT AVAILABLE ON THE SITES ARE PROVIDED ON AN "“AS IS" ” AND "“AS AVAILABLE" ” BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM ALL WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EITHER EXPRESS OR IMPLIED. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITES OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING REGARDING THE SITES AND SERVICES, INCLUDING, BUT NOT LIMITED TO THE TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENTOR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. IN PARTICULAR, APPLE MAKES NO WARRANTY THE COMPANY DOES NOT WARRANT THAT (I) THE SERVICE SITES OR SERVICES WILL MEET YOUR REQUIREMENTS; (II) REQUIREMENTS OR THAT THE OPERATION OF THE SITES WILL BE AVAILABLE CONTINUOUSLY, UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVERS THAT MAKE THE SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON OR MADE AVAILABLE THROUGH THE SITES OR ANY WEBSITES LINKED TO THE SITES IN TERMS OF THEIR QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE SERVICE WILL BE TIMELYMATERIALS, UNINTERRUPTEDINFORMATION, SECURESOFTWARE, FACILITIES, SERVICES, OR FREE FROM ERRORSOTHER CONTENT ON THE SITES OR ANY OTHER WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS. THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, LOSSINFORMATION, CORRUPTIONSOFTWARE, ATTACKFACILITIES, VIRUSESSERVICES, OR HACKING; (III) OTHER CONTENT ON THE SITES OR ANY INFORMATION OBTAINED BY YOU AS A RESULT OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE SERVICE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED APPLY TO YOU AS PART OF ONLY TO THE SERVICE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED EXTENT PERMITTED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEAPPLICABLE LAW.
Appears in 2 contracts
Sources: Terms of Use, Terms of Use
Disclaimer of Warranties. 13.1 YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT YOUR USE OF THE SERVICE(S) IS AT YOUR SOLE RISK. Company AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE AND ITS EACH OF THEIR AFFILIATES, SUBSIDIARIES, THIRD PARTY LICENSORS AND SERVICE PROVIDERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY AGENTS DISCLAIM ALL WARRANTIES OF ANY KINDWARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED IN CONNECTION WITH THE SERVICE(S) AND YOUR USE THEREOF. Company MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SERVICE(S) OR ON ANY SITES LINKED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS SERVICE(S) AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. IN PARTICULAR, APPLE MAKES NO WARRANTY THAT ANY (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; ERRORS, MISTAKES, OR INACCURACIES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SERVICE WILL BE TIMELYSERVICE(S), UNINTERRUPTED(III) ANY UNAUTHORIZED ACCESS TO OR USE OF Company OR ITS SECURE SERVERS OR ANY AND ALL PERSONAL OR FINANCIAL INFORMATION STORED THEREIN, SECURE(IV) ANY INTERRUPTION OR CESSATION OF YOUR USE OF THE SERVICE(S), OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK(V) ANY BUGS, VIRUSES, OR HACKING; TROJAN HORSES, OR RELATED PROBLEMS THAT MAY BE ACQUIRED OR TRANSMITTED IN CONNECTION WITH THE SERVICE(S), AND/OR (IIIVI) ANY INFORMATION OBTAINED BY YOU ERRORS OR OMISSIONS IN ANY SUBSCRIBER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) USE OF ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIMECONTENT POSTED, PROVIDED, TRANSMITTED, OR CANCEL OTHERWISE MADE AVAILABLE VIA THE SERVICE(S). Company DOES NOT REPRESENT, WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE IN ACCORDANCE WITH ADVERTISED OR OFFERED BY A THIRD PARTY ON THE TERMS OF THIS AGREEMENT. SERVICE(S), ANY MATERIAL DOWNLOADED LINKED WEBSITE, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISKBANNER OR OTHER ADVERTISING, AND YOU Company WILL NOT IN ANY WAY BE SOLELY RESPONSIBLE FOR MONITORING ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. TRANSACTION BETWEEN YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEAND THIRD-PARTY PROVIDERS.
Appears in 2 contracts
Sources: Subscriber Agreement, Subscriber Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE THE SOFTWARE AND AGREE THATSUPPORT SERVICES (IF ANY) ARE PROVIDED “AS IS,” AND ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, ARE DISCLAIMED INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF CONDITION OF TITLE, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OR RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. LIMITATIONS OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICEIN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY SPECIAL, APPLE SOFTWAREINCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OTHER PECUNIARY OR MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OTHER LOSS WHATSOEVER) ARISING OUT OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM ALL WARRANTIES OF OR IN ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED WAY RELATED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. IN PARTICULAR, APPLE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE, OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR INABILITY TO USE THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISKSOFTWARE PRODUCT, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE INCLUDING, THE INABILITY TO YOUR DEVICEREPRODUCE CODE, COMPUTERADAPT CODE, OR LOSS DISTRIBUTE CODE TO THIRD PERSONS, THE PROVISION OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OFTO PROVIDE SUPPORT SERVICES, OR ERRORS OTHERWISE UNDER OR INACCURACIES ININ CONNECTION WITH ANY PROVISION OF THIS ▇▇▇▇, EVEN IN THE CONTENTEVENT OF THE FAULT, DATA TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, BREACH OF WARRANTY OF LICENSOR OR SEVERE PHYSICAL ITS LICENSORS OR ENVIRONMENTAL DAMAGEANY SUPPLIER.
Appears in 2 contracts
Sources: End User License Agreement, End User License Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE In addition to the limitations of HONEYWELL’s liability expressly contained in this AGREEMENT, HONEYWELL further disclaims any and all warranties, either expressed or implied, with respect to the HONEYWELL SOFTWARE and MATERIALS and you agree that you assume all the responsibility and risk for your use of the HONEYWELL SOFTWARE and MATERIALS and the results and performance thereof and your use of any Third Party Software. THE HONEYWELL SOFTWARE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM ALL WARRANTIES WITHOUT WARRANTY OF ANY KIND. HONEYWELL DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT, AND NON- INFRINGEMENTANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HONEYWELL OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN PARTICULAR, APPLE MAKES NO WARRANTY THAT THIS AGREEMENT. HONEYWELL DOES NOT REPRESENT OR WARRANT THAT: (I) THE SERVICE HONEYWELL SOFTWARE, MATERIALS OR ANY THIRD PARTY SOFTWARE WILL MEET YOUR REQUIREMENTSREQUIREMENTS OR WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED; (II) THE OPERATION OF THE HONEYWELL SOFTWARE, MATERIALS OR ANY THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED; OR (III) THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE HONEYWELL SOFTWARE, MATERIALS, ANY THIRD PARTY SOFTWARE AND ANY DATA ACCESSED THEREFROM. INFORMATION PROVIDED THROUGH THE HONEYWELL SOFTWARE, MATERIALS OR ANY THIRD PARTY SOFTWARE MAY BE DELAYED, INACCURATE, OR CONTAIN ERRORS OR OMISSIONS, AND THE HONEYWELL GROUP (DEFINED BELOW) AND HONEYWELL'S THIRD PARTY LICENSORS WILL HAVE NO LIABILITY WITH RESPECT THERETO. HONEYWELL MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE HONEYWELL SOFTWARE OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE HONEYWELL SOFTWARE, MATERIALS OR THE THIRD PARTY SOFTWARE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE HONEYWELL SOFTWARE IS TO UNINSTALL AND CEASE USE OF THE SERVICE WILL BE TIMELYHONEYWELL SOFTWARE AND MATERIALS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, UNINTERRUPTED, SECURE, OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT SO SOME OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEYOU.
Appears in 2 contracts
Sources: End User License Agreement, End User License Agreement
Disclaimer of Warranties. YOU EXCEPT AS EXPRESSLY ACKNOWLEDGE SET FORTH HEREIN, THE PARTIES DISCLAIM ALL WARRANTIES. EACH PARTY’S PRODUCTS, SERVICES, PRODUCTS, INFORMATION, CONTENT AND AGREE THATOTHER MATERIALS PROVIDED IN CONNECTION WITH THIS AGREEMENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. NEITHER PARTY MAKES ANY WARRANTY THAT ITS SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, OR THAT DEFECTS IN EITHER PARTY’S MATERIALS WILL BE CORRECTED. EACH PARTY SPECIFICALLY DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICEANY REPRESENTATIONS OR WARRANTIES, APPLE SOFTWARE, AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING ANY CONTENT OR MATERIALS PROVIDED UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- NON-INFRINGEMENT. IN PARTICULAR, APPLE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELYTITLE, UNINTERRUPTED, SECURECOMPATIBILITY, OR FREE ANY IMPLIED WARRANTIES ARISING FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, COURSE OF DEALING OR HACKING; (III) ANY PERFORMANCE. CERTAIN CONFIDENTIAL INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; CONTAINED IN THIS DOCUMENT HAS BEEN OMITTED AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE FILED SEPARATELY WITH THE TERMS OF THIS AGREEMENTSECURITIES AND EXCHANGE COMMISSION (THE “SEC”) PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT WITH RESPECT TO THE OMITTED PORTIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED OMITTED PORTIONS ARE INDICATED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE[***].
Appears in 2 contracts
Sources: Diversity Recruitment Partnership Agreement (Professional Diversity Network, LLC), Diversity Recruitment Partnership Agreement (Professional Diversity Network, LLC)
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, : (A) THE SERVICE, APPLE LICENSED SOFTWARE, AND ANY ASSOCIATED CONTENTDOCUMENTATION ARE PROVIDED “AS IS”, FEATURE“WHERE IS” AND “AS AVAILABLE”, FUNCTIONALITYAND R3 EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS STATUTORY (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. IN PARTICULARSYSTEM INTEGRATION, APPLE MAKES NO WARRANTY THAT (I) OR WARRANTIES WITH RESPECT TO THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE QUALITY, AND/OR PERFORMANCE OF, THE LICENSED SOFTWARE OR DOCUMENTATION, AND/OR THE ACCURACY OR RELIABILITY OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE, OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLERESULTS THEREOF); AND (IVB) R3 DOES NOT REPRESENT, WARRANT OR PROVIDE ANY DEFECTS OTHER FORM OF GUARANTEE THAT THE LICENSED SOFTWARE OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIMEDOCUMENTATION MEET LICENSEE’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, OR CANCEL ARE ERROR FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY R3, ITS AGENTS, ITS THIRD PARTY SERVICE PROVIDERS, SUBCONTRACTORS, OFFICERS, EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY OR IN ANY WAY INCREASE THE SERVICE IN ACCORDANCE SCOPE OF ANY WARRANTY, AND LICENSEE MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE WITH RESPECT TO R3. THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH LICENSED SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT TO THE USE OF THE SERVICE INTERNET AND ELECTRONIC COMMUNICATIONS. R3 IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICEDELAYS, COMPUTERDELIVERY FAILURES, OR LOSS OF DATA THAT RESULTS OTHER DAMAGE RESULTING FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEPROBLEMS.
Appears in 2 contracts
Sources: Corda Pre Release Software License Agreement, Corda Enterprise Evaluation License Agreement
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AGREE THAT YOUR USE OF RC AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, ALL INFORMATION AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "“AS IS" ” AND "“AS AVAILABLE" ” BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY WE DISCLAIM ALL WARRANTIES OF ANY KINDKIND AS TO THE USE OF ANY MOBILE BANKING SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON- NON-INFRINGEMENT. IN PARTICULAR, APPLE MAKES WE MAKE NO WARRANTY THAT (I) THE ANY MOBILE BANKING SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, UNINTERRUPTED, SECURE, OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION ERROR-FREE. WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) RELIABLE OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE ANY MOBILE BANKING SERVICE OR TECHNOLOGY WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO LOSS, INJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, CAUSED BY YOUR DEVICEINTERNET PROVIDER, COMPUTERANY RELATED SOFTWARE OR THE CREDIT UNION’S USE OF ANY OF THEM OR ARISING IN ANY WAY FROM THE INSTALLATION, USE OR MAINTENANCE OF YOUR PERSONAL COMPUTER HARDWARE, SOFTWARE, OR LOSS OTHER EQUIPMENT.
(A) ANY ERROR, FAILURE OR DELAY IN THE TRANSMISSION OR DELIVERY OF DATA THAT RESULTS FROM DATA, RECORDS, OR CHECKS; (B) ANY DIFFICULTY WITH THE DOWNLOAD CHECK IMAGE, FILE, OR OTHER TRANSMISSION; OR (C) ANY NONPAYMENT OR RETURN OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGECHECK.
Appears in 2 contracts
Sources: Mobile Deposit Capture Agreement, Mobile Deposit Capture Agreement