Exclusion of Warranties. a. Your use of content, software, products, or services that are provided or supported by third parties (“Third-Party Content”) and provided to you by Microsoft is subject to the applicable agreement between you and the Third-Party Content provider. Microsoft does not control or assume any liability for Third-Party Content. If there is a conflict between this Agreement and the Third-Party Content provider’s terms, this Agreement will control. b. The information presented on or through the Partner Portal is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE PARTNER PORTAL, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. FURTHER, THE MAICPP, MICROSOFT MATERIALS, THIRD- PARTY CONTENT, AND ANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP ARE PROVIDED “AS-IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE MAICPP, MICROSOFT MATERIALS, THIRD-PARTY CONTENT, ANDANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, ANY WARRANTIES THAT THE MATERIALS OR THIRD-PARTY CONTENT WILL BE ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.
Appears in 5 contracts
Sources: Microsoft Ai Cloud Partner Program Agreement (Agroz Inc.), Microsoft Ai Cloud Partner Program Agreement (Agroz Inc.), Microsoft Ai Cloud Partner Program Agreement (Agroz Inc.)
Exclusion of Warranties. a. Your use of content, software, products, or services that are provided or supported by third parties (“Third-Party Content”) and provided to you by Microsoft is subject to the applicable agreement between you and the Third-Party Content provider. Microsoft does not control or assume any liability for Third-Party Content. If there is a conflict between this Agreement and the Third-Party Content provider’s terms, this Agreement will control.
b. The information presented on or through the Partner Portal is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR 76.1 WITHOUT PREJUDICE TO ANY OTHER VISITOR TO THE PARTNER PORTAL, OR BY ANYONE WHO MAY BE INFORMED PROVISIONS OF ANY OF ITS CONTENTS. FURTHER, THE MAICPP, MICROSOFT MATERIALS, THIRD- PARTY CONTENT, AND ANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP ARE PROVIDED “AS-IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAWTHIS AGREEMENT, WE DO NOT MAKE NO REPRESENTATIONS ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE MAICPP, MICROSOFT MATERIALS, THIRD-PARTY CONTENT, ANDANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPPABOUT OUR ONLINE TRADING FACILITY, INCLUDING ANY BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. OUR ONLINE TRADING FACILITY IS MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE”. WE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM THE ACCESS OR USE OF OUR ONLINE TRADING FACILITY AND IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL INFORMATION, OPINIONS, PRODUCTS, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH OUR ONLINE TRADING FACILITY OR ON THE INTERNET GENERALLY. WE DO NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED.
76.2 WE DO NOT WARRANT THAT OUR ONLINE TRADING FACILITY WILL MEET YOUR NEEDS, OR QUIET ENJOYMENTTHAT IT/THEY WILL BE UNINTERRUPTED, ANY WARRANTIES TIMELY, SECURE OR ERROR-FREE. WE ALSO MAKE NO WARRANTY THAT THE MATERIALS OR THIRD-PARTY CONTENT RESULTS OBTAINED FROM THE USE OF OUR ONLINE TRADING FACILITY WILL BE ERROR FREE ACCURATE OR FREE OF HARMFUL COMPONENTSRELIABLE, AND ANY WARRANTIES ARISING OUT OR THAT THE QUALITY OF ANY COURSE OF DEALING PRODUCTS, SERVICES, INFORMATION, OR USAGE OF TRADEOTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR ONLINE TRADING FACILITY WILL MEET YOUR EXPECTATIONS.
Appears in 2 contracts
Sources: Customer Agreement, Customer Agreement
Exclusion of Warranties. a. Your use of content, software, products, or services that are provided or supported by third parties (“Third-Party Content”) and provided to you by Microsoft is subject to the applicable agreement between you and the Third-Party Content provider. Microsoft does not control or assume any liability for Third-Party Content. If there is a conflict between this Agreement and the Third-Party Content provider’s terms, this Agreement will control.
b. The information presented on or through the Partner Portal is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE PARTNER PORTAL, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. FURTHEREXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE MAICPPINSTALLATION WORK, MICROSOFT MATERIALS, THIRD- PARTY CONTENTSYSTEM OPERATIONS, AND ANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP ARE SOLAR SERVICES PROVIDED BY PROVIDER TO HOST PURSUANT TO THIS AGREEMENT SHALL BE “AS-IS WHERE-IS.” EXCEPT NO OTHER WARRANTY TO HOST OR ANY OTHER PERSON, WHETHER EXPRESS, IMPLIED OR STATUTORY, IS MADE AS TO THE EXTENT PROHIBITED INSTALLATION, DESIGN, DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS, USEFUL LIFE, FUTURE ECONOMIC VIABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE SYSTEM, THE SOLAR SERVICES OR ANY OTHER SERVICE PROVIDED HEREUNDER OR DESCRIBED HEREIN, OR AS TO ANY OTHER MATTER, ALL OF WHICH ARE EXPRESSLY DISCLAIMED BY LAWPROVIDER. HOST MAKES NO REPRESENTATION OR WARRANTY AS TO THE LEVEL OF PAST, WE MAKE PRESENT OR FUTURE ENERGY CONSUMPTION AT THE PROPERTY. NOR SHALL ANY PROVISION OF THIS AGREEMENT REQUIRE HOST TO CONTINUE TO OPERATE THE PROPERTY OR RESTRICT HOST’S RIGHTS TO SELL, LEASE OR DISPOSE OF PROPERTY, PROVIDED THAT HOST COMPLIES WITH THE TERMINATION REQUIREMENTS IN THIS AGREEMENT. HOST MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE PROPERTY OR SYSTEM SITE OR CONDITIONS OF ANY KINDPROPERTY. PROVIDER’S ACCESS TO AND USE OF SUCH PROPERTY, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE MAICPP, MICROSOFT MATERIALS, THIRD-PARTY CONTENT, ANDANY BENEFITS SYSTEM SITE OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONPROPERTY SHALL BE “AS-INFRINGEMENT, OR QUIET ENJOYMENT, ANY WARRANTIES THAT THE MATERIALS OR THIRDIS WHERE-PARTY CONTENT WILL BE ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADEIS.”
Appears in 2 contracts
Sources: Solar Power and Services Agreement, Solar Power and Services Agreement
Exclusion of Warranties. a. Your use of content13.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
13.2 IN PARTICULAR, softwareTHE SERVICE PROVIDER, productsITS SUBSIDIARIES AND AFFILIATES, or services that are provided or supported by third parties AND ITS LICENSORS , INCLUDING THE DIRECTORS, OFFICERS, SHAREHOLDERS, UNITHOLDERS, TRUSTEES, EMPLOYEES, AGENTS, ADVISORS AND CONSULTANTS OF EACH OF THEM, (“Third-Party Content”COLLECTIVELY "RELEASEES") and provided to you by Microsoft is subject to the applicable agreement between you and the Third-Party Content provider. Microsoft does not control or assume any liability for Third-Party Content. If there is a conflict between this Agreement and the Third-Party Content provider’s termsDO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, this Agreement will controlTIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
b. The information presented on or through the Partner Portal is made available solely for general information purposes. We do not warrant the accuracy13.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
13.4 NO ADVICE OR INFORMATION, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE PROVIDER OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY OTHER VISITOR TO WARRANTY NOT EXPRESSLY STATED IN THE PARTNER PORTAL, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. FURTHER, TERMS.
13.5 THE MAICPP, MICROSOFT MATERIALS, THIRD- PARTY CONTENT, SERVICE PROVIDER FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND ANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP ARE PROVIDED “AS-IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES CONDITIONS OF ANY KIND, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORYINCLUDING, OR OTHERWISE, WITH RESPECT BUT NOT LIMITED TO THE MAICPP, MICROSOFT MATERIALS, THIRD-PARTY CONTENT, ANDANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON-INFRINGEMENT, OR QUIET ENJOYMENT, ANY WARRANTIES THAT THE MATERIALS OR THIRD-PARTY CONTENT WILL BE ERROR FREE OR FREE OF HARMFUL COMPONENTS, INFRINGEMENT AND ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADEARE HEREBY DISCLAIMED BY THE SERVICE PROVIDER AND WAIVED BY YOU.
Appears in 2 contracts
Sources: Terms and Conditions, Terms and Conditions
Exclusion of Warranties. a. Your use of content9.1 NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT THE WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, softwareBREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, productsOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, or services that are provided or supported by third parties (“Third-Party Content”) and provided to you by Microsoft is subject to the applicable agreement between you and the Third-Party Content provider. Microsoft does not control or assume any liability for Third-Party Content. If there is a conflict between this Agreement and the Third-Party Content provider’s terms, this Agreement will controlONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
b. The information presented on or through the Partner Portal is made available solely for general information purposes. We do not warrant the accuracy9.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." IN PARTICULAR, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE AND OUR AFFILIATES, AND OUR LICENSORS DO NOT REPRESENT, WARRANT OR GUARANTEE TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) THE SERVICES OR ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE, RELIABLE OR COMPLETE, AND (D) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
9.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
9.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, ANY OF OUR AFFILIATES, OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
9.5 WE AND EACH OF OUR AFFILIATES FURTHER EXPRESSLY DISCLAIM ALL LIABILITY WARRANTIES AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE PARTNER PORTAL, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. FURTHER, THE MAICPP, MICROSOFT MATERIALS, THIRD- PARTY CONTENT, AND ANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP ARE PROVIDED “AS-IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES CONDITIONS OF ANY KIND, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORYINCLUDING, OR OTHERWISE, WITH RESPECT BUT NOT LIMITED TO THE MAICPP, MICROSOFT MATERIALS, THIRD-PARTY CONTENT, ANDANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITYTITLE, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON----INFRINGEMENT, OR QUIET ENJOYMENT, ANY WARRANTIES THAT THE MATERIALS OR THIRD-PARTY CONTENT WILL BE ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.
Appears in 2 contracts
Sources: Universal Terms and Conditions of Use, Universal Terms and Conditions of Use
Exclusion of Warranties. a. Your use of content12.1 NOTHING IN THESE TERMS, softwareINCLUDING SECTIONS 12 AND 13, productsWILL EXCLUDE OR LIMIT TRADINGVIEW'S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF LOSS OR DAMAGES. ACCORDINGLY, or services that are provided or supported by third parties (“Third-Party Content”) and provided to you by Microsoft is subject to the applicable agreement between you and the Third-Party Content provider. Microsoft does not control or assume any liability for Third-Party Content. If there is a conflict between this Agreement and the Third-Party Content provider’s termsONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, this Agreement will controlAND TRADINGVIEW.S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
b. The information presented on or through the Partner Portal is made available solely for general information purposes. We do not warrant the accuracy12.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE AND THE CONTENT IS AT YOUR SOLE RISK AND THAT THE SERVICE AND THE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." IN PARTICULAR, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY TRADINGVIEW, ITS SUBSIDIARIES AND RESPONSIBILITY ARISING AFFILIATES, AND ITS LICENSORS AND THEIR SUPPLIERS, DO NOT REPRESENT OR WARRANT TO YOU THAT:
a) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS;
b) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ANY RELIANCE PLACED ON SUCH MATERIALS ERROR;
c) THE INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND
d) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.
12.3 ANY CONTENT OBTAINED THROUGH THE USE OF THE TRADINGVIEW SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE, LOSS OF DATA, OR ANY OTHER VISITOR TO DAMAGE OR INJURY THAT RESULTS FROM THE PARTNER PORTALDOWNLOAD OR USE OF ANY SUCH CONTENT.
12.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRADINGVIEW, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. FURTHER, THROUGH OR FROM THE MAICPP, MICROSOFT MATERIALS, THIRD- PARTY SERVICE OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
12.5 TRADINGVIEW, ITS LICENSORS, AND ANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP ARE PROVIDED “AS-IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE MAKE NO REPRESENTATIONS OR THEIR SUPPLIERS FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT INCLUDING BUT NOT LIMITED TO THE MAICPP, MICROSOFT MATERIALS, THIRD-PARTY CONTENT, ANDANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, ANY WARRANTIES THAT THE MATERIALS OR THIRD-PARTY CONTENT WILL BE ERROR FREE OR FREE OF HARMFUL COMPONENTS, PURPOSE AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADENON‐INFRINGEMENT.
Appears in 2 contracts
Sources: License Agreement, License Agreement
Exclusion of Warranties. a. Your use of contentEXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, softwareTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, products, or services that are provided or supported by third parties (“Third-Party Content”) and provided to you by Microsoft is subject to the applicable agreement between you and the Third-Party Content provider. Microsoft does not control or assume any liability for Third-Party Content. If there is a conflict between this Agreement and the Third-Party Content provider’s terms, this Agreement will control.
b. The information presented on or through the Partner Portal is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR PLAN4 DOES NOT MAKE ANY OTHER VISITOR TO THE PARTNER PORTAL, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. FURTHER, THE MAICPP, MICROSOFT MATERIALS, THIRD- PARTY CONTENT, AND ANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP ARE PROVIDED “AS-IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, STATUTORY OR OTHERWISE, WITH RESPECT TO THE MAICPP, MICROSOFT MATERIALS, THIRD-PARTY CONTENT, ANDANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP, INCLUDING ANY IMPLIED WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSEUSE AND NONINFRINGEMENT. PLAN4 IS NOT RESPONSIBLE OR LIABLE FOR THE DELETION OF OR FAILURE TO STORE ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED OR TRANSMITTED THROUGH USE OF THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR SECURING AND BACKING UP YOUR APPLICATION AND CUSTOMER DATA, NON-INFRINGEMENTEXCEPT WHERE BACKUP OR SECURITY CONTROLS ARE EXPRESSLY PROVIDED AS FEATURES OF THE SERVICES. PLAN4 DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE ERROR- FREE, TIMELY, OR QUIET ENJOYMENT, ANY WARRANTIES UNINTERRUPTED. PLAN4 DOES NOT WARRANT THAT THE SERVICES WILL BE SECURE, EXCEPT AS EXPRESSLY DOCUMENTED. YOU UNDERSTAND THAT YOU USE THE SERVICES AT YOUR OWN DISCRETION AND RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES OR ANY MATERIALS OR THIRD-PARTY CONTENT AVAILABLE THROUGH THE SERVICES WILL BE ERROR FREE CREATE ANY WARRANTY REGARDING ANY OF THE PLAN4 ENTITIES OR FREE THE SERVICES THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF HARMFUL COMPONENTSOR ACCESS TO THE SERVICES AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADEAND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Appears in 2 contracts
Sources: Terms of Service, Terms of Service
Exclusion of Warranties. a. Your use of contentNOTHING IN OUR AGREEMENT SHALL EXCLUDE OR LIMIT NST’S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, softwareBREACH OF CONTRACT, productsOR BREACH OF IMPLIED TERMS, or services that are provided or supported by third parties (“Third-Party Content”) and provided to you by Microsoft is subject to the applicable agreement between you and the Third-Party Content providerOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. Microsoft does not control or assume any liability for Third-Party Content. If there is a conflict between this Agreement and the Third-Party Content provider’s termsACCORDINGLY, this Agreement will controlONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND YOU EXPRESSLY UNDERSTAND AND AGREE THAT NST’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
b. The information presented on or through the Partner Portal is made available solely for general information purposesA. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OR PURCHASE OF SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.” CERTAIN PRODUCTS SOLD TO YOU AS “SERVICES” MAY BE ACCOMPANIED BY A MANUFACTURER’S WARRANTY. We do not warrant the accuracyNST MAY FACILITATE THE APPLICATION OR TRANSFER OF A MANUFACTURER’S WARRANTY, completeness or usefulness of this informationBUT EXPRESSLY PROVIDES NO WARRANTY OF ITS OWN ON ANY PRODUCTS IT SELLS AND EXPRESSLY DISCLAIMS ALL WARRANTIES;
B. YOU EXPRESSLY UNDERSTAND AND AGREE THAT INFORMATION CAN BE, AMOUNG OTHER THINGS, INACCURATE, COMMUNICATED IMPROPERLY FROM THE SOURCE, HEARSAY, INHERENTLY UNRELABLE, OR SUBJECT TO MULTIPLE INTERPRETATIONS. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY IN PARTICULAR, NST AND RESPONSIBILITY ARISING ITS EMPLOYEES, OFFICERS, DIRECTORS, ATTORNEYS, MEMBERS, OWNERS, SUBSIDIARIES, PARENTS, AFFILIATES, VENTURE PARTNERS, AGENTS, SUBCONTRACTORS, LICENSEES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(I) YOUR USE OR PURCHASE OF SERVICES WILL MEET YOUR REQUIREMENTS;
(II) YOUR USE OR PURCHASE OF SERVICES WILL BE UNINTERRUPTED, FULFILLED, TIMELY, SECURE, OR FREE FROM ERROR;
(III) ANY RELIANCE PLACED ON SUCH MATERIALS INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OR PURCHASE OF SERVICES WILL BE ACCURATE OR RELIABLE; AND
(IV) DEFECTS IN THE OPERATION OR FUNCTION OF ANY OTHER VISITOR SERVICE OR SOFTWARE PROVIDED OR SOLD TO YOU AS PART OF THE PARTNER PORTALSERVICES CAN BE CORRECTED.
C. ALL INFORMATION OR MATERIAL DOWNLOADED, COMMUNICATED, RECEIVED, OR BY ANYONE WHO MAY BE INFORMED OTHERWISE OBTAINED FROM OR THROUGH US AND RELATED TO YOUR USE OR PURCHASE OF ANY OF ITS CONTENTS. FURTHER, THE MAICPP, MICROSOFT MATERIALS, THIRD- PARTY CONTENTSERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR LOSSES OR DAMAGE RESULTING FROM THAT INFORMATION OR MATERIAL, INCLUDING BUT NOT LIMITED TO ANY BENEFITS DAMAGE TO YOUR PERSON, PROPERTY, BUSINESS, COMPUTER SYSTEM, OR OTHER MATERIALS DEVICE OR LOSS OF DATA THAT WE MAY OFFER OCCUR;
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NST OR THROUGH OR FROM THE MAICPP ARE PROVIDED “AS-IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE MAKE NO REPRESENTATIONS OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN OUR AGREEMENT; AND
E. NST FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORYINCLUDING, OR OTHERWISEBUT NOT LIMITED TO, WITH RESPECT TO THE MAICPP, MICROSOFT MATERIALS, THIRD-PARTY CONTENT, ANDANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, OR QUIET ENJOYMENT, ANY WARRANTIES THAT THE MATERIALS OR THIRD-PARTY CONTENT WILL BE ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.
Appears in 1 contract
Sources: Master Terms and Licensing Agreement
Exclusion of Warranties. a. Your use of content, software, products, or services that are provided or supported by third parties (“Third-Party Content”) and provided to you by Microsoft is subject to the applicable agreement between you and the Third-Party Content provider10.1. Microsoft does not control or assume any liability for Third-Party Content. If there is a conflict between this Agreement and the Third-Party Content provider’s terms, this Agreement will controlNOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT NOWPAYMENT’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
b. The information presented on or through the Partner Portal is made available solely for general information purposes10.2. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY YOU EXPRESSLY UNDERSTAND AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO AGREE THAT YOUR USE OF THE PARTNER PORTAL, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. FURTHER, SERVICES IS AT YOUR SOLE RISK AND THAT THE MAICPP, MICROSOFT MATERIALS, THIRD- PARTY CONTENT, AND ANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP SERVICES ARE PROVIDED “AS-"AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE MAKE NO REPRESENTATIONS OR " AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, KIND EITHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT . TO THE MAICPPFULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MICROSOFT MATERIALS, THIRD-PARTY CONTENT, ANDANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH NOWPAYMENTS MAKES NO EXPRESS WARRANTIES AND DISCLAIMS ALL IMPLIED WARRANTIES REGARDING THE MAICPPSERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENTINFRINGEMENT CORRECTNESS, ACCURACY AND RELIABILITY.
10.3. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NOWPAYMENTS DOES NOT REPRESENT OR WARRANT TO YOU THAT: • YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; • YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; • USAGE DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE; • THE SERVICES OR ANY CONTENT, SERVICES, OR QUIET ENJOYMENT, ANY WARRANTIES THAT FEATURES MADE AVAILABLE ON OR THROUGH THE MATERIALS OR THIRD-PARTY CONTENT WILL BE ERROR FREE OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10.4. NOWPAYMENTS is not liable, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADEand you agree not to seek to hold NOWPAYMENTS liable, for the conduct of third parties on or accessed via the Services, including operators of Third Party Services and other Users of the Services, and that the risk of injury from such third parties rests entirely with you.
10.5. NOwpayments will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Appears in 1 contract
Sources: Terms of Service
Exclusion of Warranties. a. Your use of contentREVERI PROVIDES ITS USERS WITH A SELECTION OF SERVICES, softwareTOOLS AND RESOURCES. THE SITE AND THE SERVICES, products, or services that are provided or supported by third parties (“Third-Party Content”) and provided to you by Microsoft is subject to the applicable agreement between you and the Third-Party Content provider. Microsoft does not control or assume any liability for Third-Party Content. If there is a conflict between this Agreement and the Third-Party Content provider’s terms, this Agreement will control.
b. The information presented on or through the Partner Portal is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM AND ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO OF THE PARTNER PORTAL, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. FURTHER, THE MAICPP, MICROSOFT MATERIALS, THIRD- PARTY CONTENT, INFORMATION, ADVICE, FEEDBACK AND ANY BENEFITS MATERIALS POSTED ON OR OTHER MATERIALS THAT WE MAY OFFER PROVIDED BY OR THROUGH THE MAICPP SITE OR SERVICES ARE PROVIDED ON AN “AS-AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAWAND “AS AVAILABLE” BASIS, WE MAKE NO REPRESENTATIONS OR WARRANTIES WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORYINCLUDING WITHOUT LIMITATION, ANY WARRANTY OF ACCURACY OR OTHERWISE, WITH RESPECT TO THE MAICPP, MICROSOFT MATERIALS, THIRD-PARTY CONTENT, ANDANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE. BY USING THE SITE AND/OR THE SERVICES, NON-INFRINGEMENTYOU AGREE TO USE YOUR OWN JUDGMENT, CAUTION AND COMMON SENSE IN MANAGING ALL CONTENT, INFORMATION, AND MATERIALS OFFERED AND YOU AGREE THAT ANY USE YOU MAKE OF SUCH CONTENT, INFORMATION, OR QUIET ENJOYMENTMATERIALS IS AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT REVERI DOES NOT EVALUATE OR GUARANTEE AND SHALL NOT BE RESPONSIBLE FOR THE INFORMATION PROVIDED THROUGH THE SITE OR THE SERVICES. REVERI IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOSSES RESULTING FROM YOUR RELIANCE ON ANY OF THE FOREGOING CONTENT, INFORMATION, OR MATERIALS. REVERI IS NOT RESPONSIBLE FOR AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY WARRANTIES THAT THE MATERIALS USER OR THIRD-PARTY CONTENT WILL BE ERROR FREE POSTED ON, THROUGH OR FREE OF HARMFUL COMPONENTSIN CONNECTION WITH THE SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CONTENT THAT IS UNAUTHORIZED OR VIOLATES THE TOU OR ANY ADDITIONAL TERMS, AND SUCH CONTENT DOES NOT NECESSARILY REFLECT THE OPINIONS OR POLICIES OF REVERI. UNDER NO CIRCUMSTANCES SHALL REVERI BE RESPONSIBLE FOR ANY WARRANTIES ARISING OUT LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SITE OR THE SERVICES, FROM ANY CONTENT POSTED ON THE SITE OR THROUGH THE SERVICES (WHETHER SUCH CONTENT VIOLATES THE TOU OR ADDITIONAL TERMS OR NOT), FROM ANY SERVICES OFFERED THROUGH THE SITE OR FROM THE CONDUCT OF ANY COURSE USER OF DEALING THE SITE OR USAGE THE SERVICES OR ANY USER OF TRADEANY LINKED SITE (REGARDLESS OF WHETHER SUCH CONDUCT VIOLATES THE TOU OR ADDITIONAL TERMS, OR WHETHER SUCH CONDUCT IS ONLINE OR OFFLINE). REVERI ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY OF YOUR COMMUNICATIONS ON OR THROUGH THE SITE. REVERI IS NOT RESPONSIBLE FOR ANY MALFUNCTION OR OTHER PROBLEM WITH ANY TELEPHONE NETWORK, TELEPHONE LINES, COMPUTER ONLINE SYSTEMS, SERVERS, INTERNET SERVICE PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY EMAIL OR MEDIA PLAYERS, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY OR PROPERTY DAMAGE. REVERI DOES NOT GUARANTEE ANY RESULTS (SPECIFIC OR OTHERWISE) FROM YOUR USE OF THE SITE OR THE SERVICES AND REVERI MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE, THE SERVICES OR THE INFORMATION OR SERVICES PROVIDED THEREBY WILL MEET YOUR REQUIREMENTS. IF YOU ARE IN ANY WAY DISSATISFIED WITH THE SITE OR THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE AND/OR THE SERVICES. REVERI DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE SITE, YOU AGREE THAT REVERI SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR USE OF ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION.
Appears in 1 contract
Sources: Terms of Use
Exclusion of Warranties. a. Your use of contentNOTHING IN THESE TERMS OF USE, softwareINCLUDING SECTIONS 13 AND 14, productsSHALL EXCLUDE OR LIMIT THE COMPANY'S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, or services that are provided or supported by third parties BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS OF USE, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND NCIT'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE." IN PARTICULAR, NCIT, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(“Third-Party Content”1) and provided to you by Microsoft is subject to the applicable agreement between you and the Third-Party Content provider. Microsoft does not control or assume any liability for Third-Party Content. If there is a conflict between this Agreement and the Third-Party Content provider’s termsYOUR USE OF THE WEBSITE WILL MEET YOUR REQUIREMENTS,
(2) YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, this Agreement will control.TIMELY, SECURE OR FREE FROM ERROR,
b. The information presented on or through the Partner Portal is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM (3) ANY RELIANCE PLACED ON SUCH MATERIALS INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE WEBSITE WILL BE ACCURATE OR ANY OTHER VISITOR TO RELIABLE, AND
(4) THAT DEFECTS IN THE PARTNER PORTAL, OPERATION OR BY ANYONE WHO MAY BE INFORMED FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF ITS CONTENTSTHE WEBSITE WILL BE CORRECTED. FURTHER, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE MAICPP, MICROSOFT MATERIALS, THIRD- PARTY CONTENT, USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY BENEFITS DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER MATERIALS DEVICE OR LOSS OF DATA THAT WE MAY OFFER RESULTS FROM THE DOWNLOAD OF ANY SUCH ▇▇▇▇▇▇▇▇.▇▇ ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE MAICPP ARE PROVIDED “AS-IS.” EXCEPT TO WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE EXTENT PROHIBITED BY LAW, WE MAKE NO REPRESENTATIONS OR TERMS OF USE. THE COMPANY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORYINCLUDING, OR OTHERWISE, WITH RESPECT BUT NOT LIMITED TO THE MAICPP, MICROSOFT MATERIALS, THIRD-PARTY CONTENT, ANDANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON-INFRINGEMENT, OR QUIET ENJOYMENT, ANY WARRANTIES THAT THE MATERIALS OR THIRD-PARTY CONTENT WILL BE ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.
Appears in 1 contract
Sources: Terms of Use
Exclusion of Warranties. a. Your use of contentNOTHING IN THESE TERMS OF SERVICE (TOS), softwareINCLUDING SECTIONS 12 AND 13, productsSHALL EXCLUDE OR LIMIT ENGUILD’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, or services that are provided or supported by third parties (BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS OF SERVICE, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “Third-Party Content”) and provided to you by Microsoft is subject to the applicable agreement between you and the Third-Party Content provider. Microsoft does not control or assume any liability for Third-Party Content. If there is a conflict between this Agreement and the Third-Party Content provider’s termsAS AVAILABLE.” IN PARTICULAR, this Agreement will control.ENGUILD, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
b. The information presented on or through the Partner Portal is made available solely for general information purposes. We do not warrant the accuracyA. YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
B. YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING TIMELY, SECURE OR FREE FROM ERROR,
C. ANY RELIANCE PLACED ON SUCH MATERIALS INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR ANY OTHER VISITOR TO RELIABLE, AND
D. THAT DEFECTS IN THE PARTNER PORTAL, OPERATION OR BY ANYONE WHO MAY BE INFORMED FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF ITS CONTENTSTHE SERVICES WILL BE CORRECTED. FURTHER, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE MAICPP, MICROSOFT MATERIALS, THIRD- PARTY CONTENT, USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY BENEFITS DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER MATERIALS DEVICE OR LOSS OF DATA THAT WE MAY OFFER RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ENGUILD OR THROUGH OR FROM THE MAICPP ARE PROVIDED “AS-IS.” EXCEPT TO SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE EXTENT PROHIBITED BY LAW, WE MAKE NO REPRESENTATIONS OR TOS. ENGUILD FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORYINCLUDING, OR OTHERWISE, WITH RESPECT BUT NOT LIMITED TO THE MAICPP, MICROSOFT MATERIALS, THIRD-PARTY CONTENT, ANDANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON-INFRINGEMENT, OR QUIET ENJOYMENT, ANY WARRANTIES THAT THE MATERIALS OR THIRD-PARTY CONTENT WILL BE ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.
Appears in 1 contract
Sources: Terms and Conditions
Exclusion of Warranties. a. Your use of contentQUANT ANALYTICS GROUP, softwareINC DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE TRADING STREET, products, or services that are provided or supported by third parties (“Third-Party Content”) and provided to you by Microsoft is subject to the applicable agreement between you and the Third-Party Content provider. Microsoft does not control or assume any liability for Third-Party Content. If there is a conflict between this Agreement and the Third-Party Content provider’s terms, this Agreement will control.
b. The information presented on or through the Partner Portal is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE PARTNER PORTAL, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. FURTHER, THE MAICPP, MICROSOFT MATERIALS, THIRD- PARTY CONTENT, AND ANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP ARE PROVIDED “AS-IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE MAICPP, MICROSOFT MATERIALS, THIRD-PARTY CONTENT, ANDANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPPLLC SITES, INCLUDING ANY BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-OR NON- INFRINGEMENT. THE TRADING STREET, LLC SITES ARE MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE" AND TRADING STREET, LLC DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED.
b. TRADING STREET, LLC DOES NOT WARRANT THAT THE TRADING STREET, LLC SITES WILL MEET YOUR NEEDS, OR QUIET ENJOYMENTTHAT THEY WILL BE UNINTERRUPTED, ANY WARRANTIES TIMELY, SECURE OR ERROR-FREE. TRADING STREET, LLC ALSO MAKES NO WARRANTY THAT THE MATERIALS OR THIRD-PARTY CONTENT RESULTS OBTAINED FROM THE USE OF THE TRADING STREET, LLC SITES WILL BE ERROR FREE ACCURATE OR FREE OF HARMFUL COMPONENTSRELIABLE, AND ANY WARRANTIES ARISING OUT OR THAT THE QUALITY OF ANY COURSE PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE TRADING STREET, LLC SITES WILL MEET YOUR EXPECTATIONS. TRADING STREET, LLC WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF DEALING ANY INFORMATION MADE AVAILABLE TO YOU, OR USAGE OF TRADEPROVIDED TO TRADING STREET, LLC BY YOU VIA THIS SITE.
Appears in 1 contract
Sources: Subscription Agreement
Exclusion of Warranties. a. Your use Except for warranties arising by operation of contentlaw, softwareTHE SALE OF THE MORTGAGED PREMISES AND THE PERSONAL PROPERTY IS “AS- IS,” “WHERE-IS” AND WITH ALL FAULTS, productsLATENT OR PATENT, AND SUBJECT TO ALL PRIOR ENCUMBRANCES. The transfer of the Mortgaged Premises and the Personal Property will be made and accepted by the highest bidder without any other expressed or implied representations or warranties whatsoever, including, but not limited to, representations regarding acreage, description of the Mortgaged Premises and/or the Personal Property, uses, rent rolls, leases, outstanding taxes, liens, encumbrances, title and/or title matters, availability of any utilities, building permits, occupancy, any matter relating to any structure on the Mortgaged Premises, or services any other matter. The highest bidder shall be deemed to have expressly acknowledged by participation in the auction that any warranty or representation, other than those contained herein made by the attorney for the Mortgagee, are provided or supported by third parties (“Third-Party Content”) without authority and provided to you by Microsoft is subject to that the applicable agreement between you highest bidder has duly inspected the Mortgaged Premises and the Third-Party Content providerPersonal Property, the title thereto, the occupancy thereof, and all other matters in connection with the Sale by itself and by various experts, including counsel if the highest bidder so desires. Microsoft does not control or assume any liability for Third-Party Content. If there is a conflict between this Agreement To the extent that the Mortgaged Premises and the Third-Party Content provider’s termsPersonal Property and the transfer hereunder include fixtures or other personalty, this Agreement will control.
b. The information presented on or through the Partner Portal is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on then all such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE PARTNER PORTAL, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. FURTHER, THE MAICPP, MICROSOFT MATERIALS, THIRD- PARTY CONTENT, AND ANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP ARE PROVIDED items shall be conveyed “AS-IS,” “WHERE-IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE MAKE NO REPRESENTATIONS OR MORTGAGEE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, MERCHANTABILITY OR OTHERWISE, WITH RESPECT TO THE MAICPP, MICROSOFT MATERIALS, THIRD-PARTY CONTENT, ANDANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE. MORTGAGEE EXPRESSLY DISCLAIMS ALL WARRANTIES REGARDING TITLE TO ANY SUCH FIXTURES OR OTHER PERSONALTY. From and after the conclusion of the Sale, NONall risk of loss or damage to the Mortgaged Premises and the Personal Property shall pass to, and be borne by, the highest bidder. Other terms to be announced at the time and place of the Sale. CAPMARK BANK, a Utah industrial bank, present holder of the Mortgage and the Assignment, By: DLA Piper LLP (US), its attorney By:▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Esq. DLA Piper LLP (US) ▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ The land with the buildings thereon in Sandwich, Barnstable County, Massachusetts, described as follows: PARCEL I: Golf Course Parcels A, B, C, D, E and F as shown on plan entitled Definitive Plan of Land, The Ridge Course, Town of Sandwich, Mass. dated September 16, 1987 and recorded with the Barnstable County Registry of Deeds in Book 442, Pages 28-INFRINGEMENT40 and also recorded in Book 451, OR QUIET ENJOYMENTPages 86-88. PARCEL II: A certain parcel of land shown to contain 94,002 square feet or 2.16 acres on a plan entitled "Definitive Plan Modification of The Ridge Course" dated April 27, ANY WARRANTIES THAT THE MATERIALS OR THIRD-PARTY CONTENT WILL BE ERROR FREE OR FREE OF HARMFUL COMPONENTS1994, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.prepared by Atlantic Design Engineers, Inc., recorded with the Barnstable County Registry of Deeds in Plan Book 503, Page 25. Parcel I is also identified on said plan as "Portion of Open Space Parcel J to be incorporated into golf course Parcel A" PARCEL III: A certain parcel of land shown to contain 21,313 square feet on a plan entitled "Approval Not Required Plan for ▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇," dated January 2, 2001, prepared by Atlantic Design Engineers, LLC, recorded with said Registry in Plan Book 562, Page 87. PARCEL IV: Together with the following appurtenant rights and easements: the perpetual easements for the efficient operation and maintenance of the golf course and its related facilities as set forth in that certain (a) Restatement of the Master Declaration The Ridge Club Community, Sandwich, Barnstable County, Massachusetts recorded in Book 12757, Page 229 (as amended to date); (b) as set forth in Quitclaim Deed recorded in Book 14097, Page 115, and (c) as set forth in Quitclaim Deed recorded in Book 14346, Page 349. The above described parcels are subject to:
Appears in 1 contract
Exclusion of Warranties. a. Your use of contentEXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT OR THE LICENSE AGREEMENT, software(I) NEITHER ZOGENIX, productsITS CONTRACT MANUFACTURERS NOR ANY PERSON ON ZOGENIX' BEHALF HAS MADE OR MAKES ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER, or services that are provided or supported by third parties (“Third-Party Content”) and provided to you by Microsoft is subject to the applicable agreement between you and the Third-Party Content provider. Microsoft does not control or assume any liability for Third-Party Content. If there is a conflict between this Agreement and the Third-Party Content provider’s terms, this Agreement will control.
b. The information presented on or through the Partner Portal is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU EITHER ORAL OR ANY OTHER VISITOR TO THE PARTNER PORTAL, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. FURTHER, THE MAICPP, MICROSOFT MATERIALS, THIRD- PARTY CONTENT, AND ANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP ARE PROVIDED “AS-IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE MAICPP, MICROSOFT MATERIALS, THIRD-PARTY CONTENT, ANDANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPPWRITTEN, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENTWHETHER ARISING BY LAW, ANY WARRANTIES THAT THE MATERIALS OR THIRD-PARTY CONTENT WILL BE ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, AND (II) ENDO ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY REPRESENTATION OR WARRANTY MADE BY ZOGENIX, OR ANY OTHER PERSON ON ZOGENIX’ BEHALF, EXCEPT AS ***Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. SPECIFICALLY PROVIDED IN THIS AGREEMENT, THE PURCHASE AGREEMENT OR IN THE LICENSE AGREEMENT. THE WARRANTIES SET FORTH IN THIS AGREEMENT MAY BE ASSERTED ONLY BY ENDO AND NOT ANY AFFILIATE, SUBLICENSEE, DISTRIBUTOR, THIRD PARTY PURCHASERS OF THE PRODUCT (BUT FOR CLARITY, MAY BE ASSERTED BY A THIRD PARTY ACQUIRER OF ENDO'S RIGHTS HEREUNDER). ENDO SHALL BE SOLELY RESPONSIBLE FOR ALL REPRESENTATIONS, WARRANTIES AND COVENANTS THAT ENDO, ITS AFFILIATES, SUBLICENSEES OR DISTRIBUTORS MADE OR MAKE TO THIRD PARTIES INCLUDING THIRD PARTY PURCHASERS. NOTHING IN THIS SECTION 9.6 IS INTENDED TO LIMIT ENDO'S RIGHTS UNDER THE PURCHASE AGREEMENT WITH RESPECT TO ANY REPRESENTATIONS OR WARRANTIES MADE BY ZOGENIX THEREIN.
Appears in 1 contract
Exclusion of Warranties. a. Your use of contentNOTHING IN THESE TERMS, softwareINCLUDING SECTIONS 9 AND 10, productsSHALL EXCLUDE OR LIMIT INNOVAX’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, or services that are provided or supported by third parties (“Third-Party Content”) and provided to you by Microsoft is subject to the applicable agreement between you and the Third-Party Content providerBREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. Microsoft does not control or assume any liability for Third-Party Content. If there is a conflict between this Agreement and the Third-Party Content provider’s termsACCORDINGLY, this Agreement will control.
b. The information presented on or through the Partner Portal is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR WILL BE LIMITED TO THE PARTNER PORTAL, OR MAXIMUM EXTENT PERMITTED BY ANYONE WHO MAY BE INFORMED LAW. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF ANY OF ITS CONTENTS. FURTHER, THE MAICPP, MICROSOFT MATERIALS, THIRD- PARTY CONTENT, SERVICE IS AT YOUR SOLE RISK AND ANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP SERVICES ARE PROVIDED “AS-AS IS.” EXCEPT AND “AS AVAILABLE”. IN PARTICULAR, INNOVAX DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE EXTENT PROHIBITED SERVICE WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY LAWYOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, WE MAKE AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO REPRESENTATIONS ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INNOVAX OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. INNOVAX FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORYINCLUDING, OR OTHERWISE, WITH RESPECT BUT NOT LIMITED TO THE MAICPP, MICROSOFT MATERIALS, THIRD-PARTY CONTENT, ANDANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON-INFRINGEMENT, OR QUIET ENJOYMENT, ANY WARRANTIES THAT THE MATERIALS OR THIRD-PARTY CONTENT WILL BE ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.
Appears in 1 contract
Sources: Terms of Service
Exclusion of Warranties. a. Your use of content, software, products, or services that are provided or supported by third parties (“Third-Party Content”) and provided to you by Microsoft is subject to the applicable agreement between you and the Third-Party Content provider. Microsoft does not control or assume any liability for Third-Party Content. If there is a conflict between this Agreement and the Third-Party Content provider’s terms, this Agreement will control.
b. The information presented on or through the Partner Portal is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR 74.1 WITHOUT PREJUDICE TO ANY OTHER VISITOR TO THE PARTNER PORTAL, OR BY ANYONE WHO MAY BE INFORMED PROVISIONS OF ANY OF ITS CONTENTS. FURTHER, THE MAICPP, MICROSOFT MATERIALS, THIRD- PARTY CONTENT, AND ANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP ARE PROVIDED “AS-IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAWTHIS AGREEMENT, WE DO NOT MAKE NO REPRESENTATIONS ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE MAICPP, MICROSOFT MATERIALS, THIRD-PARTY CONTENT, ANDANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPPABOUT OUR ONLINE TRADING FACILITY, INCLUDING ANY BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. OUR ONLINE TRADING FACILITY IS MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE". WE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM THE ACCESS OR USE OF OUR ONLINE TRADING FACILITY AND IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL INFORMATION, OPINIONS, PRODUCTS, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH OUR ONLINE TRADING FACILITY OR ON THE INTERNET GENERALLY. WE DO NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED.
74.2 WE DO NOT WARRANT THAT OUR ONLINE TRADING FACILITY WILL MEET YOUR NEEDS, OR QUIET ENJOYMENTTHAT IT/THEY WILL BE UNINTERRUPTED, ANY WARRANTIES TIMELY, SECURE OR ERROR-FREE. WE ALSO MAKE NO WARRANTY THAT THE MATERIALS OR THIRD-PARTY CONTENT RESULTS OBTAINED FROM THE USE OF OUR ONLINE TRADING FACILITY WILL BE ERROR FREE ACCURATE OR FREE OF HARMFUL COMPONENTSRELIABLE, AND ANY WARRANTIES ARISING OUT OR THAT THE QUALITY OF ANY COURSE OF DEALING PRODUCTS, SERVICES, INFORMATION, OR USAGE OF TRADEOTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR ONLINE TRADING FACILITY WILL MEET YOUR EXPECTATIONS.
Appears in 1 contract
Sources: Client Agreement
Exclusion of Warranties. a. Your use of contentTHE BUYER UNDERSTANDS THAT THE MANUFACTURER, softwareNOT THE SELLER, products, or services that are provided or supported by third parties (“Third-Party Content”) and provided to you by Microsoft is subject to the applicable agreement between you and the Third-Party Content providerWILL PROVIDE A WARRANTY ON THE HOME. Microsoft does not control or assume any liability for Third-Party ContentSELLER WILL GIVE BUYER A COPY OF THE MANUFACTURER’S WARRANTY. If there is a conflict between this Agreement and the Third-Party Content provider’s terms, this Agreement will control.
b. The information presented on or through the Partner Portal is made available solely for general information purposesBUYER FURTHER UNDERSTANDS THAT BUYER WILL OBTAIN WARRANTY SERVICE ON THE HOME FROM THE MANUFACTURER. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM THE SELLER HEREBY DISCLAIMS AND EXCLUDES ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU IMPLIED OR ANY OTHER VISITOR EXPRESS WARRANTIES RELATING TO THE PARTNER PORTALHOME AND THE CONSTRUCTION, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. FURTHER, THE MAICPP, MICROSOFT MATERIALS, THIRD- PARTY CONTENT, AND ANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP ARE PROVIDED “AS-IS.” EXCEPT INCLUDING BUT NOT LIMITED TO THE EXTENT PROHIBITED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE MAICPP, MICROSOFT MATERIALS, THIRD-PARTY CONTENT, ANDANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENTWARRANTIES OF HABITABILITY AND WORKMANLIKE CONSTRUCTION, TO THE HOME OR TO THE CONSTRUCTION. BUYER UNDERSTANDS THAT THERE MAY BE ADDITIONAL WRITTEN WARRANTIES COVERING THE HOME, OR QUIET ENJOYMENTANY APPLIANCE OF COMPONENT THEREOF, WHICH MAY HAVE BEEN PROVIDED BY THIRD PARTIES. SELLER SHALL DELIVER BUYER COPIES OF ANY AND ALL WRITTEN WARRANTIES SUPPLIED BY SAID THIRD PARTIES BUT DELIVERY SHALL NOT CONSTITUTE AN ADOPTION OF ANY SUCH WARRANTIES BY THE SELLER. BUYER ACKNOWLEDGES THAT ANY SUCH WARRANTIES HAVE NOT BEEN MADE BY THE SELLER AND THAT THE MATERIALS OR THIRD-PARTY CONTENT WILL BE ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND ANY WARRANTIES ARISING OUT SELLER IS NOT AN AGENT OF ANY COURSE OF DEALING OR USAGE OF TRADESUCH THIRD PARTY.
Appears in 1 contract
Exclusion of Warranties. a. Your use of content12.1. NOTHING IN THIS AGREEMENT, softwareINCLUDING SECTIONS 11, products12 AND 13, or services that are provided or supported by third parties (“Third-Party Content”) and provided to you by Microsoft is subject to the applicable agreement between you and the Third-Party Content providerSHALL EXCLUDE OR LIMIT ARA’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. Microsoft does not control or assume any liability for Third-Party ContentSOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. If there is a conflict between this Agreement and the Third-Party Content provider’s termsACCORDINGLY, this Agreement will controlONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND ARA’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
b. The information presented on or through the Partner Portal is made available solely for general information purposes12.2. We do not warrant the accuracyYOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE.”
12.3. IN PARTICULAR, completeness or usefulness of this information▇▇▇ DOES NOT REPRESENT OR WARRANT TO YOU THAT:
12.3.1. Any reliance you place on such information is strictly at your own riskYOUR USE OF THE SOFTWARE WILL MEET YOUR REQUIREMENTS,
12.3.2. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM YOUR USE OF THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROMERROR,
12.3.3. ANY RELIANCE PLACED ON SUCH MATERIALS INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE, AND
12.3.4. DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SOFTWARE PROVIDED TO YOU WILL BE CORRECTED.
12.4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ARA OR THROUGH OR FROM THE SOFTWARE SHALL CREATE ANY OTHER VISITOR TO WARRANTY NOT EXPRESSLY STATED IN THE PARTNER PORTALLIMITED EXPRESS WARRANTY. 12.5. WITH THE EXCEPTION OF THE LIMITED EXPRESS WARRANTY, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. FURTHERDURING THE WARRANTY PERIOD, THE MAICPP, MICROSOFT MATERIALS, THIRD- PARTY CONTENT, ARA EXPRESSLY DISCLAIMS ALL WARRANTIES AND ANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP ARE PROVIDED “AS-IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES CONDITIONS OF ANY KIND, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORYINCLUDING, OR OTHERWISEBUT NOT LIMITED, WITH RESPECT TO THE MAICPP, MICROSOFT MATERIALS, THIRD-PARTY CONTENT, ANDANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, ANY WARRANTIES THAT THE MATERIALS OR THIRD-PARTY CONTENT WILL BE ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.,
Appears in 1 contract
Sources: Software License Agreement
Exclusion of Warranties. a. Your use of contentQUANT ANALYTICS GROUP, softwareINC DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE TRADING STREET, products, or services that are provided or supported by third parties (“Third-Party Content”) and provided to you by Microsoft is subject to the applicable agreement between you and the Third-Party Content provider. Microsoft does not control or assume any liability for Third-Party Content. If there is a conflict between this Agreement and the Third-Party Content provider’s terms, this Agreement will control.
b. The information presented on or through the Partner Portal is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE PARTNER PORTAL, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. FURTHER, THE MAICPP, MICROSOFT MATERIALS, THIRD- PARTY CONTENT, AND ANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP ARE PROVIDED “AS-IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE MAICPP, MICROSOFT MATERIALS, THIRD-PARTY CONTENT, ANDANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPPLLC SITES, INCLUDING ANY BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE TRADING STREET, LLC SITES ARE MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE" AND TRADING STREET, LLC DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED.
b. TRADING STREET, LLC DOES NOT WARRANT THAT THE TRADING STREET, LLC SITES WILL MEET YOUR NEEDS, OR QUIET ENJOYMENTTHAT THEY WILL BE UNINTERRUPTED, ANY WARRANTIES TIMELY, SECURE OR ERROR-FREE. TRADING STREET, LLC ALSO MAKES NO WARRANTY THAT THE MATERIALS OR THIRD-PARTY CONTENT RESULTS OBTAINED FROM THE USE OF THE TRADING STREET, LLC SITES WILL BE ERROR FREE ACCURATE OR FREE OF HARMFUL COMPONENTSRELIABLE, AND ANY WARRANTIES ARISING OUT OR THAT THE QUALITY OF ANY COURSE PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE TRADING STREET, LLC SITES WILL MEET YOUR EXPECTATIONS. QUANT ANALYTICS GROUP, INC WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF DEALING ANY INFORMATION MADE AVAILABLE TO YOU, OR USAGE OF TRADEPROVIDED TO QUANT ANALYTICS GROUP, INC BY YOU VIA THIS SITE.
Appears in 1 contract
Sources: Terms of Use Agreement
Exclusion of Warranties. a. Your use of content, software, products, or services that are provided or supported by third parties (“Third-Party Content”) and provided to you by Microsoft is subject to the applicable agreement between you and the Third-Party Content provider. Microsoft does not control or assume any liability for Third-Party Content. If there is a conflict between this Agreement and the Third-Party Content provider’s terms, this Agreement will control.
b. The information presented on or through the Partner Portal is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR 76.1 WITHOUT PREJUDICE TO ANY OTHER VISITOR TO THE PARTNER PORTAL, OR BY ANYONE WHO MAY BE INFORMED PROVISIONS OF ANY OF ITS CONTENTS. FURTHER, THE MAICPP, MICROSOFT MATERIALS, THIRD- PARTY CONTENT, AND ANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP ARE PROVIDED “AS-IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAWTHIS AGREEMENT, WE DO NOT MAKE NO REPRESENTATIONS ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE MAICPP, MICROSOFT MATERIALS, THIRD-PARTY CONTENT, ANDANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPPABOUT OUR ONLINE TRADING FACILITY, INCLUDING ANY BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. OUR ONLINE TRADING FACILITY IS MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE”. WE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM THE ACCESS OR USE OF OUR ONLINE TRADING FACILITY AND IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL INFORMATION, OPINIONS, PRODUCTS, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH OUR ONLINE TRADING FACILITY OR ON THE INTERNET GENERALLY. WE DO NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED.
76.2 WE DO NOT WARRANT THAT OUR ONLINE TRADING FACILITY WILL MEET YOUR NEEDS, OR QUIET ENJOYMENTTHAT IT/THEY WILL BE UNINTERRUPTED, ANY WARRANTIES TIMELY, SECURE OR ERROR-FREE. WE ALSO MAKE NO WARRANTY THAT THE MATERIALS OR THIRD-PARTY CONTENT RESULTS OBTAINED FROM THE USE OF OUR ONLINE TRADING FACILITY WILL BE ERROR FREE ACCURATE OR FREE OF HARMFUL COMPONENTSRELIABLE, AND ANY WARRANTIES ARISING OUT OR THAT THE QUALITY OF ANY COURSE OF DEALING PRODUCTS, SERVICES, INFORMATION, OR USAGE OF TRADEOTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR ONLINE TRADING FACILITY WILL MEET YOUR EXPECTATIONS.
Appears in 1 contract
Sources: Customer Agreement
Exclusion of Warranties. a. Your use of content9.1 NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT THE WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, softwareBREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, productsOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, or services that are provided or supported by third parties (“Third-Party Content”) and provided to you by Microsoft is subject to the applicable agreement between you and the Third-Party Content provider. Microsoft does not control or assume any liability for Third-Party Content. If there is a conflict between this Agreement and the Third-Party Content provider’s terms, this Agreement will controlONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
b. The information presented on or through the Partner Portal is made available solely for general information purposes. We do not warrant the accuracy9.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." IN PARTICULAR, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE AND OUR AFFILIATES, AND OUR LICENSORS DO NOT REPRESENT, WARRANT OR GUARANTEE TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) THE SERVICES OR ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE, RELIABLE OR COMPLETE, AND (D) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
9.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
9.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, ANY OF OUR AFFILIATES, OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
9.5 WE AND EACH OF OUR AFFILIATES FURTHER EXPRESSLY DISCLAIM ALL LIABILITY WARRANTIES AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE PARTNER PORTAL, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. FURTHER, THE MAICPP, MICROSOFT MATERIALS, THIRD- PARTY CONTENT, AND ANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP ARE PROVIDED “AS-IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES CONDITIONS OF ANY KIND, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORYINCLUDING, OR OTHERWISE, WITH RESPECT BUT NOT LIMITED TO THE MAICPP, MICROSOFT MATERIALS, THIRD-PARTY CONTENT, ANDANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITYTITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, ANY WARRANTIES THAT THE MATERIALS OR THIRD-PARTY CONTENT WILL BE ERROR FREE OR FREE OF HARMFUL COMPONENTS, PURPOSE AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADENON-INFRINGEMENT.
Appears in 1 contract
Exclusion of Warranties. a. Your use of content1. THE LIMITED WARRANTY DESCRIBED IN SECTION H, softwareABOVE IS THE ONLY WARRANTY WE MAKE WITH RESPECT TO THE SOFTWARE, productsWHICH IS OTHERWISE PROVIDED “AS IS”, or services that are provided or supported by third parties (“Third-Party ContentAS AVAILABLE”) and provided to you by Microsoft is subject to the applicable agreement between you and the Third-Party Content provider. Microsoft does not control or assume any liability for Third-Party Content. If there is a conflict between this Agreement and the Third-Party Content provider’s terms, this Agreement will control.
b. The information presented on or through the Partner Portal is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own riskAND WITH ALL FAULTS. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM DO NOT WARRANT THE OSS COMPONENTS IN ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR WAY. WE DO NOT MAKE ANY OTHER VISITOR WARRANTIES TO THE PARTNER PORTAL, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. FURTHER, THE MAICPP, MICROSOFT MATERIALS, THIRD- PARTY CONTENTYOU UNDER THIS AGREEMENT, AND WE HEREBY SPECIFICALLY DISCLAIM ANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP ARE PROVIDED “AS-IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KINDWARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, OR OTHERWISE, WITH RESPECT INCLUDING BUT NOT LIMITED TO THE MAICPP, MICROSOFT MATERIALS, THIRD-PARTY CONTENT, ANDANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-NON- INFRINGEMENT, OR QUIET ENJOYMENT, ANY WARRANTIES THAT THE MATERIALS OR THIRD-PARTY CONTENT WILL BE ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND ANY WARRANTIES CONDITIONS ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.
2. IN PARTICULAR, PLURIBUS DOES NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR USE OF THE SOFTWARE OR DOCUMENTATION WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SOFTWARE OR ACCESS TO THE DOCUMENTATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR; (III) ANY INFORMATION THAT YOU OBTAIN AS A RESULT OF YOUR USE OF THE SOFTWARE OR DOCUMENTATION WILL BE ACCURATE OR RELIABLE; OR (IV) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU WILL BE CORRECTED.
3. YOU ACKNOWLEDGE THAT ANY MATERIAL YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH YOUR USE OF THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU, AND NOT PLURIBUS, WILL BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. YOU ACKNOWLEDGE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM PLURIBUS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Appears in 1 contract
Sources: End User License Agreement
Exclusion of Warranties. a. Your use of contentYOUR RIGHTS AND REMEDIES AS SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE. YOU WAIVE AND RELEASE, softwareAND WE DISCLAIM, products, or services that are provided or supported by third parties (“Third-Party Content”) and provided to you by Microsoft is subject to the applicable agreement between you and the Third-Party Content provider. Microsoft does not control or assume any liability for Third-Party Content. If there is a conflict between this Agreement and the Third-Party Content provider’s terms, this Agreement will control.
b. The information presented on or through the Partner Portal is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE PARTNER PORTALREPRESENTATIONS, WARRANTIES, OBLIGATIONS AND LIABILITIES, EXPRESS OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. FURTHER, THE MAICPP, MICROSOFT MATERIALS, THIRD- PARTY CONTENT, AND ANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP ARE PROVIDED “AS-IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING BY LAW OR OTHERWISE, OTHERWISE WITH RESPECT TO THE MAICPP, MICROSOFT MATERIALS, THIRD-PARTY CONTENT, ANDANY BENEFITS ANY AND ALL MATTERS ARISING UNDER OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPPIN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION (I) ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR OTHER IMPLIED CONTRACTUAL WARRANTY AND (II) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, NON-INFRINGEMENTCOURSE OF DEALING, USAGE OF TRADE AND ANY OTHER WARRANTY WITH RESPECT TO QUALITY, ACCURACY OR QUIET ENJOYMENTFREEDOM FROM ERROR. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT THAT OPERATION OF THE SERVICES, EQUIPMENT OR ANY WARRANTIES THAT THE MATERIALS OR THIRD-PARTY CONTENT SOFTWARE WILL BE ERROR FREE OR FREE UNINTERRUPTED.
b. WE MAKE NO WARRANTIES AS TO THE SECURITY OF HARMFUL COMPONENTSYOUR COMMUNICATIONS VIA OUR FACILITIES OR THE SERVICE (WHETHER SUCH COMMUNICATIONS ARE DIRECTED WITHIN THE SERVICE, OR OUTSIDE THE SERVICE TO THE INTERNET), OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR YOUR COMPUTER(S) OR ONLINE COMMUNICATIONS. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY SUCH UNAUTHORIZED ACCESS. YOU HAVE THE SOLE RESPONSIBILITY TO SECURE YOUR COMPUTERS AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADEONLINE COMMUNICATIONS.
Appears in 1 contract
Sources: Customer Agreement
Exclusion of Warranties. a. Your use of content11.1 NOTHING IN THESE TERMS, softwareINCLUDING BUT NOT LIMITED TO SECTIONS 11 AND 12, productsWILL EXCLUDE OR LIMIT FTS’ WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, or services that are provided or supported by third parties (“Third-Party Content”) and provided to you by Microsoft is subject to the applicable agreement between you and the Third-Party Content providerBREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. Microsoft does not control or assume any liability for Third-Party Content. If there is a conflict between this Agreement and the Third-Party Content provider’s termsACCORDINGLY, this Agreement will controlONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
b. The information presented on or through the Partner Portal is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY 11.2 YOU EXPRESSLY UNDERSTAND AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO AGREE THAT YOUR USE OF THE PARTNER PORTAL, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. FURTHER, SERVICES IS AT YOUR SOLE RISK AND THAT THE MAICPP, MICROSOFT MATERIALS, THIRD- PARTY CONTENT, AND ANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP SERVICES ARE PROVIDED “AS-AS IS” AND “AS AVAILABLE.” EXCEPT ”
11.3 IN PARTICULAR, FTS, ITS SUBSIDIARIES, AFFILIATES, RESELLERS, OEMS, VARS, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(a) YOUR USE OF THE EXTENT PROHIBITED SERVICES WILL MEET YOUR REQUIREMENTS,
(b) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY OR FREE FROM ERROR,
(c) ANY INFORMATION OBTAINED BY LAWYOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, WE MAKE AND
(d) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
11.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
11.5 NO REPRESENTATIONS ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FTS OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE EULA.
11.6 FTS FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY, STATUTORY OR OTHERWISE, WITH RESPECT INCLUDING, BUT NOT LIMITED TO THE MAICPP, MICROSOFT MATERIALS, THIRD-PARTY CONTENT, ANDANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON-INFRINGEMENT.
11.7 WITHOUT IN ANY WAY LIMITING THE FOREGOING, AND TO THE GREATEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FTS FURTHER EXPRESSLY DISCLAIMS ANY GUARANTEE, WARRANT OR CONDITION THAT ANY CONTENT YOU MAY STORE OR ACCESS THROUGH THE SERVICES WILL NOT BE SUBJECT TO INADVERTENT DAMAGE, CORRUPTION, LOSS, OR QUIET ENJOYMENTREMOVAL, FOR ANY WARRANTIES THAT THE MATERIALS REASON OR THIRD-PARTY CONTENT WILL BE ERROR FREE OR FREE OF HARMFUL COMPONENTSAT ANY TIME, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING FTS SHALL NOT BE RESPONSIBLE SHOULD SUCH DAMAGE, CORRUPTION, LOSS, OR USAGE OF TRADEREMOVAL OCCUR.
Appears in 1 contract
Sources: End User License Agreement
Exclusion of Warranties. a. Your use of contentNOTHING IN THESE TERMS, softwareINCLUDING THIS SECTION 12 AND SECTION 13, productsSHALL EXCLUDE OR LIMIT THE COMPANY’S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, or services that are provided or supported by third parties (BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND METAURUS ADVISORS’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB PORTAL IS AT YOUR SOLE RISK AND THAT THE WEB PORTAL IS PROVIDED "AS IS" AND “Third-Party Content”) and provided to you by Microsoft is subject to the applicable agreement between you and the Third-Party Content provider. Microsoft does not control or assume any liability for Third-Party Content. If there is a conflict between this Agreement and the Third-Party Content provider’s termsAS AVAILABLE.” IN PARTICULAR, this Agreement will control.
b. The information presented on or through the Partner Portal is made available solely for general information purposes. We do not warrant the accuracyMETAURUS ADVISORS, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY ITS SUBSIDIARIES AND RESPONSIBILITY ARISING AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: • YOUR USE OF THE WEB PORTAL WILL MEET YOUR REQUIREMENTS; • YOUR USE OF THE WEB PORTAL WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; • ANY RELIANCE PLACED ON SUCH MATERIALS INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE WEB PORTAL WILL BE ACCURATE OR ANY OTHER VISITOR TO RELIABLE; • DEFECTS IN THE PARTNER PORTAL, OPERATION OR BY ANYONE WHO MAY BE INFORMED FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF ITS CONTENTSTHE WEB PORTAL WILL BE CORRECTED. FURTHER, • ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE MAICPP, MICROSOFT MATERIALS, THIRD- PARTY CONTENT, USE OF THE WEB PORTAL IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY BENEFITS DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER MATERIALS DEVICE OR LOSS OF DATA THAT WE MAY OFFER RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM METAURUS ADVISORS OR THROUGH OR FROM THE MAICPP ARE PROVIDED “AS-IS.” EXCEPT TO WEB PORTAL SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE EXTENT PROHIBITED BY LAW, WE MAKE NO REPRESENTATIONS OR TERMS. METAURUS ADVISORS FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORYINCLUDING, OR OTHERWISE, WITH RESPECT BUT NOT LIMITED TO THE MAICPP, MICROSOFT MATERIALS, THIRD-PARTY CONTENT, ANDANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-PURPOSE AND NON- INFRINGEMENT, OR QUIET ENJOYMENT, ANY WARRANTIES THAT THE MATERIALS OR THIRD-PARTY CONTENT WILL BE ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.
Appears in 1 contract
Sources: Web Portal Access Agreement
Exclusion of Warranties. a. Your use of content, software, products, or services that are provided or supported by third parties (“Third-Party Content”) and provided to you by Microsoft is subject to the applicable agreement between you and the Third-Party Content provider10.1. Microsoft does not control or assume any liability for Third-Party Content. If there is a conflict between this Agreement and the Third-Party Content provider’s terms, this Agreement will controlNOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT NOWPAYMENT’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
b. The information presented on or through the Partner Portal is made available solely for general information purposes10.2. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY YOU EXPRESSLY UNDERSTAND AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO AGREE THAT YOUR USE OF THE PARTNER PORTAL, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. FURTHER, SERVICES IS AT YOUR SOLE RISK AND THAT THE MAICPP, MICROSOFT MATERIALS, THIRD- PARTY CONTENT, AND ANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP SERVICES ARE PROVIDED “AS-"AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE MAKE NO REPRESENTATIONS OR " AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, KIND EITHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT . TO THE MAICPPFULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MICROSOFT MATERIALS, THIRD-PARTY CONTENT, ANDANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH NOWPAYMENTS MAKES NO EXPRESS WARRANTIES AND DISCLAIMS ALL IMPLIED WARRANTIES REGARDING THE MAICPPSERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENTINFRINGEMENT CORRECTNESS, ACCURACY AND RELIABILITY.
10.3. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NOWPAYMENTS DOES NOT REPRESENT OR WARRANT TO YOU THAT: ● YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; ● YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; ● USAGE DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE; ● THE SERVICES OR ANY CONTENT, SERVICES, OR QUIET ENJOYMENTFEATURES MADE AVAILABLE ON OR THROUGH THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10.4. NOWPAYMENTS IS NOT LIABLE, ANY WARRANTIES AND YOU AGREE NOT TO SEEK TO HOLD NOWPAYMENTS LIABLE, FOR THE CONDUCT OF THIRD PARTIES ON OR ACCESSED VIA THE SERVICES, INCLUDING OPERATORS OF THIRD PARTY SERVICES AND OTHER USERS OF THE SERVICES, AND THAT THE MATERIALS RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
10.5. NOWPAYMENTS WILL NOT BE LIABLE FOR ANY DELAY OR THIRD-PARTY CONTENT WILL BE ERROR FREE FAILURE TO PERFORM RESULTING FROM CAUSES OUTSIDE ITS REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, WAR, TERRORISM, RIOTS, EMBARGOS, ACTS OF CIVIL OR FREE MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, STRIKES OR SHORTAGES OF HARMFUL COMPONENTSTRANSPORTATION FACILITIES, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING FUEL, ENERGY, LABOR OR USAGE OF TRADEMATERIALS.
Appears in 1 contract
Sources: Terms of Service
Exclusion of Warranties. a. Your use of content, software, products, or services that are provided or supported by third parties (“Third-Party Content”) and provided to you by Microsoft is subject to the applicable agreement between you and the Third-Party Content provider. Microsoft does not control or assume any liability for Third-Party Content. If there is a conflict between this Agreement and the Third-Party Content provider’s terms, this Agreement will control.
b. The information presented on or through the Partner Portal is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR 74.1 WITHOUT PREJUDICE TO ANY OTHER VISITOR TO THE PARTNER PORTAL, OR BY ANYONE WHO MAY BE INFORMED PROVISIONS OF ANY OF ITS CONTENTS. FURTHER, THE MAICPP, MICROSOFT MATERIALS, THIRD- PARTY CONTENT, AND ANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP ARE PROVIDED “AS-IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAWTHIS AGREEMENT, WE DO NOT MAKE NO REPRESENTATIONS ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE MAICPP, MICROSOFT MATERIALS, THIRD-PARTY CONTENT, ANDANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPPABOUT OUR ONLINE TRADING FACILITY, INCLUDING ANY BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. OUR ONLINE TRADING FACILITY IS MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE". WE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM THE ACCESS OR USE OF OUR ONLINE TRADING FACILITY AND IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL INFORMATION, OPINIONS, PRODUCTS, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGHOUR ONLINE TRADING FACILITY OR ON THE INTERNET GENERALLY. WE DO NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED.
74.2 WE DO NOT WARRANT THAT OUR ONLINE TRADING FACILITY WILL MEET YOUR NEEDS, OR QUIET ENJOYMENTTHAT IT/THEY WILL BE UNINTERRUPTED, ANY WARRANTIES TIMELY, SECURE OR ERROR-FREE. WE ALSO MAKE NO WARRANTY THAT THE MATERIALS OR THIRD-PARTY CONTENT RESULTS OBTAINED FROM THE USE OF OUR ONLINE TRADING FACILITY WILL BE ERROR FREE ACCURATE OR FREE OF HARMFUL COMPONENTSRELIABLE, AND ANY WARRANTIES ARISING OUT OR THAT THE QUALITY OF ANY COURSE OF DEALING PRODUCTS, SERVICES, INFORMATION, OR USAGE OF TRADEOTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR ONLINE TRADING FACILITY WILL MEET YOUR EXPECTATIONS.
Appears in 1 contract
Sources: Client Agreement
Exclusion of Warranties. a. Your use of content, software, products, or services that are provided or supported by third parties (“Third-Party Content”) and provided to you by Microsoft is subject to the applicable agreement between you and the Third-Party Content provider. Microsoft does not control or assume any liability for Third-Party Content. If there is a conflict between this Agreement and the Third-Party Content provider’s terms, this Agreement will control.
b. The information presented on or through the Partner Portal is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM TRUSTONE IS PROVIDING THE SERVICE "AS IS" WITHOUT ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE PARTNER PORTAL, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. FURTHER, THE MAICPP, MICROSOFT MATERIALS, THIRD- PARTY CONTENT, AND ANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP ARE PROVIDED “AS-IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES WARRANTY OF ANY KIND, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORYINCLUDING, OR OTHERWISEWITHOUT LIMITATION, WITH RESPECT TO THE MAICPP, MICROSOFT MATERIALS, THIRD-PARTY CONTENT, ANDANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONNON INFRINGEMENT AND TITLE. TRUSTONE DOES NOT WARRANT THAT THE SERVICE IS ERROR-INFRINGEMENTFREE, OR QUIET ENJOYMENT, ANY WARRANTIES THAT ACCESS TO AND USE OF THE MATERIALS OR THIRD-PARTY CONTENT SERVICE WILL BE ERROR FREE UNINTERRUPTED OR FREE OF HARMFUL COMPONENTSERROR-FREE. IN NO EVENT SHALL TRUSTONE OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, AND ANY WARRANTIES WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SERVICE, WHETHER INCURRED BY YOU OR ANY COURSE THIRD PARTY, EVEN IF TRUSTONE OR ITS LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OR MAY OTHERWISE KNOW OF DEALING THE POSSIBILITY OF SUCH DAMAGES. IF ANY LIABILITY IS IMPOSED ON TRUSTONE, OUR LICENSORS OR USAGE SUPPLIERS, TRUSTONE AND OUR LICENSORS OR SUPPLIERS TOTAL LIABILITY TO YOU OR ANY THIRD PARTY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF TRADELIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. THE FOREGOING SHALL CONSTITUTE TRUSTONE’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY HEREUNDER.
Appears in 1 contract
Sources: Electronic Document and Esign Disclosure and Agreement
Exclusion of Warranties. a. Your use of content, software, products, or services that are provided or supported by third parties (“Third-Party Content”) and provided to you by Microsoft is subject to the applicable agreement between you and the Third-Party Content provider. Microsoft does not control or assume any liability for Third-Party Content. If there is a conflict between this Agreement and the Third-Party Content provider’s terms, this Agreement will control.
b. The information presented on or through the Partner Portal is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY YOU UNDERSTAND AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO AGREE THAT YOUR USE OF THE PARTNER PORTAL, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. FURTHER, SERVICES IS AT YOUR SOLE RISK AND THAT THE MAICPP, MICROSOFT MATERIALS, THIRD- PARTY CONTENT, AND ANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP SERVICES ARE PROVIDED “AS-"AS IS" AND "AS AVAILABLE.” EXCEPT TO THE EXTENT PROHIBITED BY LAW" WE AND OUR AFFILIATES AND OUR LICENSORS EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WE MAKE NO REPRESENTATIONS WARRANTIES OR WARRANTIES CONDITIONS OF ANY KIND, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY, LEGAL OR OTHERWISE, WITH RESPECT TO THE MAICPPINCLUDING, MICROSOFT MATERIALSWITHOUT LIMITATION, THIRD-PARTY CONTENTIMPLIED OR LEGAL REPRESENTATIONS, ANDANY BENEFITS WARRANTIES OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP, INCLUDING ANY IMPLIED WARRANTIES CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABLE QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A ANY PARTICULAR PURPOSE, NON-INFRINGEMENTOR ANY REPRESENTATIONS, WARRANTIES OR QUIET ENJOYMENTCONDITIONS ARISING FROM COURSE OF DEALING, USAGE OF TRADE OR PERFORMANCE. NEITHER WE NOR OUR AFFILIATES ARE RESPONSIBLE FOR ANY WARRANTIES THAT ERRORS IN OR OMISSIONS FROM FUNCTIONALITY OF THE MATERIALS SERVICES OR THIRD-PARTY CONTENT THE INFORMATION CONTAINED IN OR ACCESSED THROUGH THE SERVICES OR RESULTS OBTAINED FROM THE SERVICES. IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE ERROR FREE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF HARMFUL COMPONENTSYOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND ANY WARRANTIES ARISING OUT (D) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY COURSE SOFTWARE PROVIDED TO YOU AS PART OF DEALING OR USAGE OF TRADETHE SERVICES WILL BE CORRECTED.
Appears in 1 contract
Sources: Universal Terms and Conditions of Use and End User License Agreement
Exclusion of Warranties. a. Your use of content, software, products, or services that are provided or supported by third parties (“Third-Party Content”) and provided to you by Microsoft is subject to the applicable agreement between you and the Third-Party Content provider. Microsoft does not control or assume any liability for Third-Party Content. If there is a conflict between this Agreement and the Third-Party Content provider’s terms, this Agreement will control.
b. The information presented on or through the Partner Portal is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR 73.1 WITHOUT PREJUDICE TO ANY OTHER VISITOR TO THE PARTNER PORTAL, OR BY ANYONE WHO MAY BE INFORMED PROVISIONS OF ANY OF ITS CONTENTS. FURTHER, THE MAICPP, MICROSOFT MATERIALS, THIRD- PARTY CONTENT, AND ANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP ARE PROVIDED “AS-IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAWTHIS AGREEMENT, WE DO NOT MAKE NO REPRESENTATIONS ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE MAICPP, MICROSOFT MATERIALS, THIRD-PARTY CONTENT, ANDANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPPABOUT OUR ONLINE TRADING FACILITY, INCLUDING ANY BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. OUR ONLINE TRADING FACILITY IS MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE”. WE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM THE ACCESS OR USE OF OUR ONLINE TRADING FACILITY AND IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL INFORMATION, OPINIONS, PRODUCTS, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH OUR ONLINE TRADING FACILITY OR ON THE INTERNET GENERALLY. WE DO NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED.
73.2 WE DO NOT WARRANT THAT OUR ONLINE TRADING FACILITY WILL MEET YOUR NEEDS, OR QUIET ENJOYMENTTHAT IT/THEY WILL BE UNINTERRUPTED, ANY WARRANTIES TIMELY, SECURE OR ERROR-FREE. WE ALSO MAKE NO WARRANTY THAT THE MATERIALS OR THIRD-PARTY CONTENT RESULTS OBTAINED FROM THE USE OF OUR ONLINE TRADING FACILITY WILL BE ERROR FREE ACCURATE OR FREE OF HARMFUL COMPONENTSRELIABLE, AND ANY WARRANTIES ARISING OUT OR THAT THE QUALITY OF ANY COURSE OF DEALING PRODUCTS, SERVICES, INFORMATION, OR USAGE OF TRADEOTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR ONLINE TRADING FACILITY WILL MEET YOUR EXPECTATIONS.
Appears in 1 contract
Sources: Customer Agreement
Exclusion of Warranties. a. Your use of content, software, products, or services that are provided or supported by third parties YOU AGREE THAT YOUR USE OF THE SERVICES AND ALL INFORMATION AND CONTENT THEREOF (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “Third-Party Content”) and provided to you by Microsoft is subject to the applicable agreement between you and the Third-Party Content provider. Microsoft does not control or assume any liability for Third-Party Content. If there is a conflict between this Agreement and the Third-Party Content provider’s terms, this Agreement will control.
b. The information presented on or through the Partner Portal is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own riskAS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE PARTNER PORTAL, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. FURTHER, THE MAICPP, MICROSOFT MATERIALS, THIRD- PARTY CONTENT, AND ANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP ARE PROVIDED “AS-IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KINDKIND AS TO THE USE OF ANY SERVICES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORYINCLUDING, OR OTHERWISE, WITH RESPECT BUT NOT LIMITED TO THE MAICPP, MICROSOFT MATERIALS, THIRD-PARTY CONTENT, ANDANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT ANY REMOTE BANKING SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, NON-INFRINGEMENTTIMELY, SECURE, OR QUIET ENJOYMENT, ERROR-FREE. WE MAKE NO WARRANTY THAT ANY WARRANTIES INFORMATON THAT THE MATERIALS OR THIRD-PARTY CONTENT MAY BE OBTAINED WILL BE ERROR FREE ACCURATE OR FREE RELIABLE OR THAT ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.
b. WE MAKE NO WARRANTIES AS TO THE SECURITY OF HARMFUL COMPONENTSYOUR COMMUNICATIONS VIA OUR FACILITIES OR THE SERVICE (WHETHER SUCH COMMUNICATIONS ARE DIRECTED WITHIN THE SERVICE, AND OR OUTSIDE THE SERVICE TO THE INTERNET), OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR YOUR COMPUTER(S) OR ONLINE COMMUNICATIONS. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADESUCH UNAUTHORIZED ACCESS. YOU HAVE THE SOLE RESPONSIBILITY TO SECURE YOUR DEVICES.
Appears in 1 contract
Exclusion of Warranties. a. Your use of contentLESSEE ACKNOWLEDGES AND AGREES THAT, softwareAS BETWEEN LESSOR AND LESSEE (I) EACH CAR IS OF A SIZE, productsDESIGN, or services that are provided or supported by third parties CAPACITY AND MANUFACTURE SELECTED BY AND ACCEPTABLE TO LESSEE, (“Third-Party Content”II) and provided to you by Microsoft is subject to the applicable agreement between you and the Third-Party Content provider. Microsoft does not control or assume any liability for Third-Party Content. If there is a conflict between this Agreement and the Third-Party Content provider’s termsLESSEE IS SATISFIED THAT EACH CAR IS SUITABLE FOR ITS PURPOSES, this Agreement will control.
b. The information presented on or through the Partner Portal is made available solely for general information purposes. We do not warrant the accuracy(III) LESSOR IS NOT A MANUFACTURER IN PROPERTY OF SUCH KIND, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM (IV) EACH CAR IS LEASED HEREUNDER SUBJECT TO ALL LIABILITY APPLICABLE LAWS AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU GOVERNMENTAL REGULATIONS NOW IN EFFECT OR ANY OTHER VISITOR TO THE PARTNER PORTAL, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. FURTHER, THE MAICPP, MICROSOFT MATERIALS, THIRD- PARTY CONTENTHEREAFTER ADOPTED, AND ANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP ARE PROVIDED (V) LESSOR LEASES TO LESSEE AND LESSEE TAKES EACH CAR “AS-IS.”, “WHERE-IS” EXCEPT AND “WITH ALL FAULTS”, AND LESSEE ACKNOWLEDGES THAT LESSOR HAS NOT MADE, AND LESSOR HEREBY EXPRESSLY DISCLAIMS, ANY AND ALL WARRANTIES OR REPRESENTATIONS EITHER EXPRESS OR IMPLIED, AS TO THE EXTENT PROHIBITED BY LAWVALUE, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE MAICPP, MICROSOFT MATERIALS, THIRD-PARTY CONTENT, ANDANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITYCONDITION, FITNESS FOR A ANY PARTICULAR PURPOSE, NON-INFRINGEMENTDESIGN, OPERATION, MERCHANTABILITY THEREOF OR AS TO THE TITLE, OF THE CARS, THE QUALITY OF THE MATERIAL OR WORKMANSHIP THEREOF OR CONFORMITY THEREOF TO SPECIFICATIONS, OR QUIET ENJOYMENTANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, NOR DOES LESSOR HAVE ANY WARRANTIES THAT THE MATERIALS LIABILITY FOR ANY CONSEQUENTIAL OR THIRD-PARTY CONTENT WILL BE ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND ANY WARRANTIES INCIDENTAL DAMAGES ARISING OUT OF THIS AGREEMENT OR IN CONNECTION WITH ANY COURSE OF DEALING OR USAGE OF TRADECAR, it being agreed that all such risks, as between Lessor and Lessee, are to be borne by Lessee, provided that the foregoing shall not affect the obligations for maintenance and repair to which Lessor expressly agrees in this Agreement or any Rider.
Appears in 1 contract
Sources: Railroad Car Full Service Master Leasing Agreement (NRG Energy, Inc.)
Exclusion of Warranties. a. Your use of content13.1 NOTHING IN THESE TERMS, softwareINCLUDING SECTIONS 13 AND 14, productsSHALL EXCLUDE OR LIMIT SERVICEWORKS NOW’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. ONLY THOSE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, or services that are provided or supported by third parties (“Third-Party Content”) and provided to you by Microsoft is subject to the applicable agreement between you and the Third-Party Content provider. Microsoft does not control or assume any liability for Third-Party Content. If there is a conflict between this Agreement and the Third-Party Content provider’s terms, this Agreement will controlAND SERVICEWORKS NOW’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
b. The information presented on or through the Partner Portal is made available solely for general information purposes. We do not warrant the accuracy13.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING THAT THE SERVICES ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE.’
13.3 IN PARTICULAR, SERVICEWORKS NOW, ITS PARENT, SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY RELIANCE PLACED ON SUCH MATERIALS INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR ANY OTHER VISITOR TO RELIABLE, AND
(D) THAT DEFECTS IN THE PARTNER PORTAL, OPERATION OR BY ANYONE WHO MAY BE INFORMED FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF ITS CONTENTS. FURTHER, THE MAICPP, MICROSOFT MATERIALS, THIRD- PARTY CONTENT, SERVICES WILL BE CORRECTED.
13.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY BENEFITS DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER MATERIALS DEVICE OR LOSS OF DATA THAT WE MAY OFFER THROUGH RESULTS FROM THE MAICPP ARE PROVIDED “AS-IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES DOWNLOAD OF ANY KINDSUCH MATERIAL.
13.5 NO ADVICE OR INFORMATION, WHETHER EXPRESSORAL OR WRITTEN, IMPLIED, STATUTORY, OBTAINED BY YOU FROM SERVICEWORKS NOW OR OTHERWISE, WITH RESPECT TO THROUGH OR FROM THE MAICPP, MICROSOFT MATERIALS, THIRD-PARTY CONTENT, ANDANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE MAICPP, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, ANY WARRANTIES THAT THE MATERIALS OR THIRD-PARTY CONTENT WILL BE ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADETERMS.
Appears in 1 contract
Exclusion of Warranties. a. Your use of content13.1 NOTHING IN THESE TERMS, softwareINCLUDING SECTIONS 13 AND 14, productsSHALL EXCLUDE OR LIMIT RYDLR’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, or services that are provided or supported by third parties (“Third-Party Content”) and provided to you by Microsoft is subject to the applicable agreement between you and the Third-Party Content providerBREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. Microsoft does not control or assume any liability for Third-Party Content. If there is a conflict between this Agreement and the Third-Party Content provider’s termsACCORDINGLY, this Agreement will controlONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
b. The information presented on or through the Partner Portal is made available solely for general information purposes. We do not warrant the accuracy13.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
13.3 IN PARTICULAR, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY RYDLR, ITS SUBSIDIARIES AND RESPONSIBILITY ARISING AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
a) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
b) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
c) ANY RELIANCE PLACED ON SUCH MATERIALS INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR ANY OTHER VISITOR TO RELIABLE, AND
d) THAT DEFECTS IN THE PARTNER PORTAL, OPERATION OR BY ANYONE WHO MAY BE INFORMED FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF ITS CONTENTS. FURTHER, THE MAICPP, MICROSOFT MATERIALS, THIRD- PARTY CONTENT, SERVICES WILL BE CORRECTED.
13.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY BENEFITS DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER MATERIALS DEVICE OR LOSS OF DATA THAT WE MAY OFFER RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
13.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RYDLR OR THROUGH OR FROM THE MAICPP ARE PROVIDED “AS-ISSERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE MAKE NO REPRESENTATIONS OR
13.6 RYDLR FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORYINCLUDING, OR OTHERWISE, WITH RESPECT BUT NOT LIMITED TO THE MAICPP, MICROSOFT MATERIALS, THIRD-PARTY CONTENT, ANDANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON-INFRINGEMENT, OR QUIET ENJOYMENT, ANY WARRANTIES THAT THE MATERIALS OR THIRD-PARTY CONTENT WILL BE ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.
Appears in 1 contract
Sources: End User License Agreement
Exclusion of Warranties. a. Your use of content, software, products, or services that are provided or supported by third parties (THE LIVEVOL PLATFORM IS PROVIDED TO SUBSCRIBER “Third-Party Content”) and provided to you by Microsoft is subject to the applicable agreement between you and the Third-Party Content provider. Microsoft does not control or assume any liability for Third-Party Content. If there is a conflict between this Agreement and the Third-Party Content provider’s terms, this Agreement will control.
b. The information presented on or through the Partner Portal is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE PARTNER PORTAL, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. FURTHER, THE MAICPP, MICROSOFT MATERIALS, THIRD- PARTY CONTENT, AND ANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP ARE PROVIDED “AS-AS IS.” EXCEPT TO LIVEVOL MAKES NO EXPRESS OR IMPLIED WARRANTY CONCERNING THE EXTENT PROHIBITED BY LAWLIVEVOL PLATFORM, WE MAKE NO REPRESENTATIONS OR AND LIVEVOL, ON BEHALF OF ITSELF AND EACH DATA SUPPLIER, HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE MAICPPLIVEVOL PLATFORM. LIVEVOL MAKES NO GUARANTY THAT THE LIVEVOL PLATFORM WILL MEET SUBSCRIBER’S REQUIREMENTS, MICROSOFT MATERIALSBE ERROR FREE, THIRD-PARTY CONTENTOR OPERATE WITHOUT INTERRUPTION. NEITHER LIVEVOL NOR ANY DATA SUPPLIER GUARANTEES OR MAKES ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER THAT ANY DATA, ANDANY BENEFITS DERIVED DATA OR OTHER MATERIALS INFORMATION ACCESSIBLE VIA THE LIVEVOL PLATFORM (A) WILL BE ACCURATE, COMPLETE, TIMELY OR SEQUENCED IN A PARTICULAR MANNER, OR (B) WILL BE RELIABLE FOR TRADING PURPOSES. SUBSCRIBER AGREES TO INDEPENDENTLY DETERMINE THAT WE MAY OFFER THE DATA, DERIVED DATA AND OTHER INFORMATION RECEIVED THROUGH THE MAICPPLIVEVOL PLATFORM IS SUFFICIENT FOR SUBSCRIBER’S PURPOSES. SUBSCRIBER ASSUMES SOLE RESPONSIBILITY AND RISK OF USING THE DATA, INCLUDING DERIVED DATA AND OTHER INFORMATION ACCESSIBLE VIA THE LIVEVOL PLATFORM. THE LIVEVOL PLATFORM IS PROVIDED SOLELY FOR USE AS A TOOL AND IS NOT MEANT AS A GUIDE TO ACTION. SUBSCRIBER ACKNOWLEDGES AND AGREES THAT ANY IMPLIED WARRANTIES OF MERCHANTABILITYDATA, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DERIVED DATA OR QUIET ENJOYMENT, ANY WARRANTIES THAT OTHER INFORMATION ACCESSIBLE THROUGH THE MATERIALS OR THIRD-PARTY CONTENT WILL BE ERROR FREE OR FREE OF HARMFUL COMPONENTSLIVEVOL PLATFORM ARE NOT INTENDED TO BE, AND ANY WARRANTIES ARISING OUT SHOULD NOT BE CONSTRUED OR USED AS, INVESTMENT ADVICE. SUBSCRIBER HEREBY CONFIRMS ITS UNDERSTANDING OF ANY COURSE THE FOREGOING DISCLOSURES AND AGREES THAT THESE LIMITATIONS ARE REASONABLE ALLOCATIONS OF DEALING OR USAGE OF TRADERISK.
Appears in 1 contract
Sources: Master Subscription Agreement
Exclusion of Warranties. a. Your use of contentTHE SERVICE IS PROVIDED "AS IS", software, products, or services that are provided or supported by third parties (“Third-Party Content”) and provided to you by Microsoft is subject to the applicable agreement between you and the Third-Party Content provider. Microsoft does not control or assume any liability for Third-Party Content. If there is a conflict between this Agreement and the Third-Party Content provider’s terms, this Agreement will control.
b. The information presented on or through the Partner Portal is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU WITHOUT WARRANTY OR ANY OTHER VISITOR TO THE PARTNER PORTAL, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. FURTHER, THE MAICPP, MICROSOFT MATERIALS, THIRD- PARTY CONTENT, AND ANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP ARE PROVIDED “AS-IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES CONDITION OF ANY KIND, WHETHER EXPRESSEITHER EXPRESS OR IMPLIED. FURTHERMORE, IMPLIEDTHE WEBSITE MAY BE SUBJECT TO CHANGES IN BOTIKA’S PRACTICES AND POLICIES REGARDING VARIOUS FEA- TURES INCLUDED ON THE WEBSITE. IN ADDITION, STATUTORYBOTIKA GIVES NO WARRANTY REGARDING THE ONGOING NON-INTERRUPTABLE AVAILABILTY OF THE WEBSITE OR THE TIMES AT WHICH IT WILL BE AVAILABLE. WITHOUT LIMITING THE FOREGOING, OR OTHERWISE, WITH RESPECT TO THE MAICPP, MICROSOFT MATERIALS, THIRD-PARTY CONTENT, ANDANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP, INCLUDING BOTIKA EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE OR NON-INFRINGEMENTINFRINGEMENT AND/OR QUALITY OF SERVICE. BOTIKA MAKES NO WARRANTY THAT THE WEBSITE AND/OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SE- CURE, OR QUIET ENJOYMENT, ANY WARRANTIES ERROR-FREE BASIS. YOU UNDERSTAND AND AGREE THAT THE MATERIALS OR THIRD-PARTY CONTENT USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE ERROR FREE SOLELY RESPOSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR FREE DATA STORED ON IT. IN NO EVENT WILL BOTIKA BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF HARMFUL COMPONENTSBUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS AND SAVINGS AND THE LIKE), OR ANY WARRANTIES OTHER DAMAGES ARISING OUT OF ANY COURSE THE UNAVAILABILITY, USE, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF DEALING THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR USAGE OTHERWISE. BOTIKA’S LIABILITY UNDER, ARISING OUT OF TRADEOR RELATING TO THIS AGREEMENT SHALL NOT EXCEED FEES PAID BY YOU TO BOTIKA IN CONNECTION WITH THE SERVICE HEREUNDER DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM; OR TO THE EXTENT NO SUCH FEES APPLY, BOTIKA SHALL HAVE NO LIABILITY WHATSOEVER.
Appears in 1 contract
Sources: Terms of Use
Exclusion of Warranties. a. Your use of content12.1. NOTHING IN THIS AGREEMENT, softwareINCLUDING SECTIONS 11, products12 AND 13, or services that are provided or supported by third parties (“Third-Party Content”) and provided to you by Microsoft is subject to the applicable agreement between you and the Third-Party Content providerSHALL EXCLUDE OR LIMIT ARA’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. Microsoft does not control or assume any liability for Third-Party ContentSOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. If there is a conflict between this Agreement and the Third-Party Content provider’s termsACCORDINGLY, this Agreement will controlONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND ARA’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
b. The information presented on or through the Partner Portal is made available solely for general information purposes12.2. We do not warrant the accuracyYOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE.”
12.3. IN PARTICULAR, completeness or usefulness of this informationARA DOES NOT REPRESENT OR WARRANT TO YOU THAT:
12.3.1. Any reliance you place on such information is strictly at your own riskYOUR USE OF THE SOFTWARE WILL MEET YOUR REQUIREMENTS,
12.3.2. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING YOUR USE OF THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
12.3.3. ANY RELIANCE PLACED ON SUCH MATERIALS INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SOFTWARE WILL BE ACCURATE OR ANY OTHER VISITOR RELIABLE, AND
12.3.4. DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SOFTWARE PROVIDED TO THE PARTNER PORTAL, YOU WILL BE CORRECTED.
12.4. NO ADVICE OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. FURTHER, THE MAICPP, MICROSOFT MATERIALS, THIRD- PARTY CONTENT, AND ANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP ARE PROVIDED “AS-IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KINDINFORMATION, WHETHER EXPRESSORAL OR WRITTEN, IMPLIEDOBTAINED BY YOU FROM ARA OR THROUGH OR FROM THE SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE LIMITED EXPRESS WARRANTY. 12.5. WITH THE EXCEPTION OF THE LIMITED EXPRESS WARRANTY, STATUTORYDURING THE WARRANTY PERIOD, OR OTHERWISE, WITH RESPECT TO THE MAICPP, MICROSOFT MATERIALS, THIRD-PARTY CONTENT, ANDANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, ANY WARRANTIES THAT THE MATERIALS OR THIRD-PARTY CONTENT WILL BE ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.ARA
Appears in 1 contract
Sources: Software License Agreement
Exclusion of Warranties. a. Your use of content, software, products, or services that are provided or supported by third parties (“Third-Party Content”) and provided to you by Microsoft is subject to the applicable agreement between you and the Third-Party Content provider10.1. Microsoft does not control or assume any liability for Third-Party Content. If there is a conflict between this Agreement and the Third-Party Content provider’s terms, this Agreement will controlNOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT HEROPAYMENT’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
b. The information presented on or through the Partner Portal is made available solely for general information purposes10.2. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY YOU EXPRESSLY UNDERSTAND AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO AGREE THAT YOUR USE OF THE PARTNER PORTAL, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. FURTHER, SERVICES IS AT YOUR SOLE RISK AND THAT THE MAICPP, MICROSOFT MATERIALS, THIRD- PARTY CONTENT, AND ANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP SERVICES ARE PROVIDED “AS-"AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE MAKE NO REPRESENTATIONS OR " AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, KIND EITHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT . TO THE MAICPPFULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MICROSOFT MATERIALS, THIRD-PARTY CONTENT, ANDANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH HEROPAYMENTS MAKES NO EXPRESS WARRANTIES AND DISCLAIMS ALL IMPLIED WARRANTIES REGARDING THE MAICPPSERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENTINFRINGEMENT CORRECTNESS, ACCURACY AND RELIABILITY.
10.3. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HEROPAYMENTS DOES NOT REPRESENT OR WARRANT TO YOU THAT: ● YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; ● YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; ● USAGE DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE; ● THE SERVICES OR ANY CONTENT, SERVICES, OR QUIET ENJOYMENTFEATURES MADE AVAILABLE ON OR THROUGH THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10.4. HEROPAYMENTS IS NOT LIABLE, ANY WARRANTIES AND YOU AGREE NOT TO SEEK TO HOLD HEROPAYMENTS LIABLE, FOR THE CONDUCT OF THIRD PARTIES ON OR ACCESSED VIA THE SERVICES, INCLUDING OPERATORS OF THIRD PARTY SERVICES AND OTHER USERS OF THE SERVICES, AND THAT THE MATERIALS RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
10.5. HEROPAYMENTS WILL NOT BE LIABLE FOR ANY DELAY OR THIRD-PARTY CONTENT WILL BE ERROR FREE FAILURE TO PERFORM RESULTING FROM CAUSES OUTSIDE ITS REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, WAR, TERRORISM, RIOTS, EMBARGOS, ACTS OF CIVIL OR FREE MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, STRIKES OR SHORTAGES OF HARMFUL COMPONENTSTRANSPORTATION FACILITIES, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING FUEL, ENERGY, LABOR OR USAGE OF TRADEMATERIALS.
Appears in 1 contract
Sources: Terms of Service
Exclusion of Warranties. a. Your use of contentYOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ONLINE BANKING IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, softwarePERFORMANCE AND EFFORT IN USING ONLINE BANKING IS WITH YOU. YOU ACKNOWLEDGE AND AGREE THAT ONLINE BANKING IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS MAY OTHERWISE BE EXPRESSLY STATED, productsNEITHER ONLINE BANKING NOR THE ANY THIRD PARTY SERVICE PROVIDER NOR THE CREDIT UNION IS RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN, or services that are provided or supported by third parties (“Third-Party Content”) and provided to you by Microsoft is subject to the applicable agreement between you and the Third-Party Content provider. Microsoft does not control or assume any liability for Third-Party Content. If there is a conflict between this Agreement and the Third-Party Content provider’s terms, this Agreement will control.
b. The information presented on or through the Partner Portal is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO INFORMATION RESULTING FROM, YOUR USE OF ONLINE BANKING. NEITHER ONLINE BANKING NOR ANY THIRD PARTY SERVICE PROVIDER NOR THE PARTNER PORTAL, OR BY ANYONE WHO MAY BE INFORMED OF CREDIT UNION MAKES ANY OF ITS CONTENTS. FURTHER, THE MAICPP, MICROSOFT MATERIALS, THIRD- PARTY CONTENT, WARRANTIES AND ANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP ALL WARRANTIES ARE PROVIDED “AS-IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KINDEXPRESSLY DISCLAIMED, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO REGARDING ONLINE BANKING INCLUDING THE MAICPP, MICROSOFT MATERIALS, THIRD-PARTY CONTENT, ANDANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH WARRANTY OF TITLE AND THE MAICPP, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NON-INFRINGEMENT, OR QUIET ENJOYMENT, THE CREDIT UNION DISCLAIMS ANY WARRANTIES REGARDING THE OPERATION, PERFORMANCE OR FUNCTIONALITY OF ONLINE BANKING (INCLUDING, WITHOUT LIMITATION, THAT THE MATERIALS ONLINE BANKING WILL OPERATE WITHOUT INTERRUPTION OR THIRD-PARTY CONTENT WILL BE ERROR FREE FREE). YOU FURTHER ACKNOWLEDGE THAT THERE ARE CERTAIN SECURITY, CORRUPTION, TRANSMISSION ERROR AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET AND/OR FREE TELECOMMUNICATION LINES OR CIRCUITS AND YOU HEREBY ASSUME ALL RISKS RELATING TO THE FOREGOING. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF HARMFUL COMPONENTSCERTAIN WARRANTIES, AND ANY WARRANTIES ARISING OUT SO SOME OF ANY COURSE OF DEALING OR USAGE OF TRADETHE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. The Credit Union shall not be responsible for your acts or omissions in using Online Banking nor the acts or omissions of any other person or entity, including without limitation, any Federal Reserve financial institution, automated clearing house or transmission, information or communications facility, any receiver, beneficiary, intermediary financial institution or receiving depository financial institution and no such person shall be deemed to be an agent of Online Banking.
Appears in 1 contract
Sources: Online Banking Agreement
Exclusion of Warranties. a. Your use of content, software, products, or services that are provided or supported by third parties (“Third-Party Content”) and provided to you by Microsoft is subject to the applicable agreement between you and the Third-Party Content provider75.1. Microsoft does not control or assume any liability for Third-Party Content. If there is a conflict between this Agreement and the Third-Party Content provider’s terms, this Agreement will control.
b. The information presented on or through the Partner Portal is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR WITHOUT PREJUDICE TO ANY OTHER VISITOR TO THE PARTNER PORTAL, OR BY ANYONE WHO MAY BE INFORMED PROVISIONS OF ANY OF ITS CONTENTS. FURTHER, THE MAICPP, MICROSOFT MATERIALS, THIRD- PARTY CONTENT, AND ANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP ARE PROVIDED “AS-IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAWTHIS AGREEMENT, WE DO NOT MAKE NO REPRESENTATIONS ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE MAICPP, MICROSOFT MATERIALS, THIRD-PARTY CONTENT, ANDANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPPABOUT OUR ONLINE TRADING FACILITY, INCLUDING ANY BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. OUR ONLINE TRADING FACILITY IS MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE". WE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM THE ACCESS OR USE OF OUR ONLINE TRADING FACILITY AND IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL INFORMATION, OPINIONS, PRODUCTS, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH OUR ONLINE TRADING FACILITY OR ON THE INTERNET GENERALLY. WE DO NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED.
75.2. WE DO NOT WARRANT THAT OUR ONLINE TRADING FACILITY WILL MEET YOUR NEEDS, OR QUIET ENJOYMENTTHAT IT/THEY WILL BE UNINTERRUPTED, ANY WARRANTIES TIMELY, SECURE OR ERROR-FREE. WE ALSO MAKE NO WARRANTY THAT THE MATERIALS OR THIRD-PARTY CONTENT RESULTS OBTAINED FROM THE USE OF OUR ONLINE TRADING FACILITY WILL BE ERROR FREE ACCURATE OR FREE OF HARMFUL COMPONENTSRELIABLE, AND ANY WARRANTIES ARISING OUT OR THAT THE QUALITY OF ANY COURSE OF DEALING PRODUCTS, SERVICES, INFORMATION, OR USAGE OF TRADEOTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR ONLINE TRADING FACILITY WILL MEET YOUR EXPECTATIONS.
Appears in 1 contract
Sources: Online Trading Agreement
Exclusion of Warranties. a. Your use of contentTHE WEB PORTAL IS PROVIDED "AS IS" AND “AS AVAILABLE.” CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT HIS/HER USE OF THE WEB PORTAL IS AT HIS/HER SOLE RISK. CPS ENERGY AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT:
(a) CUSTOMER’S USE OF THE WEB PORTAL WILL MEET CUSTOMER’S REQUIREMENTS;
(b) CUSTOMER’S USE OF THE WEB PORTAL WILL BE UNINTERRUPTED, softwareTIMELY, products, or services that are provided or supported by third parties SECURE OR FREE FROM ERROR;
(“Third-Party Content”c) and provided to you by Microsoft is subject to the applicable agreement between you and the Third-Party Content provider. Microsoft does not control or assume any liability for Third-Party Content. If there is a conflict between this Agreement and the Third-Party Content provider’s terms, this Agreement will control.ANY INFORMATION OBTAINED AS A RESULT OF CUSTOMER’S USE OF THE WEB PORTAL WILL BE ACCURATE OR RELIABLE;
b. The information presented on or through the Partner Portal is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU (d) DEFECTS IN THE OPERATION OR ANY OTHER VISITOR TO THE PARTNER PORTAL, OR BY ANYONE WHO MAY BE INFORMED FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO CUSTOMER AS PART OF ITS CONTENTSTHE WEB PORTAL WILL BE CORRECTED;
(e) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM CPS ENERGY OR THROUGH THE WEB PORTAL SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS; AND
(f) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB PORTAL IS AT CUSTOMER’S OWN DISCRETION AND RISK. FURTHER, THE MAICPP, MICROSOFT MATERIALS, THIRD- PARTY CONTENT, AND CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY BENEFITS DAMAGE TO CUSTOMER’S COMPUTER SYSTEM OR OTHER MATERIALS DEVICE OR LOSS OF DATA THAT WE MAY OFFER THROUGH RESULTS FROM THE MAICPP ARE PROVIDED “AS-IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE MAKE NO REPRESENTATIONS OR DOWNLOAD OF ANY SUCH MATERIAL. CPS ENERGY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORYINCLUDING, OR OTHERWISE, WITH RESPECT BUT NT LIMITED TO THE MAICPP, MICROSOFT MATERIALS, THIRD-PARTY CONTENT, ANDANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-PURPOSE AND NON- INFRINGEMENT, OR QUIET ENJOYMENT, ANY WARRANTIES THAT THE MATERIALS OR THIRD-PARTY CONTENT WILL BE ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.
Appears in 1 contract
Sources: Web Portal Agreement
Exclusion of Warranties. a. Your use of contentEXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE AGREEMENT, softwareYOU UNDERSTAND AND AGREE THAT YOUR USE OF THE DIGITAL BANKING SERVICE IS AT YOUR SOLE RISK AND THAT THE DIGITAL BANKING SERVICE AND ALL INFORMATION, productsSOFTWARE, or services that are provided or supported by third parties PRODUCTS AND OTHER CONTENT (“ThirdINCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES, ARE PROVIDED ON AN "AS IS" "WHERE-Party Content”) and provided to you by Microsoft is subject to the applicable agreement between you and the ThirdIS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT THE DIGITAL BANKING SERVICE OR OUR DIGITAL PLATFORMS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-Party Content providerFREE. Microsoft does not control or assume any liability for Third-Party Content. If there is a conflict between this Agreement and the Third-Party Content provider’s terms, this Agreement will control.
b. The information presented on or through the Partner Portal is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE PARTNER PORTAL, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. FURTHER, THE MAICPP, MICROSOFT MATERIALS, THIRD- PARTY CONTENT, AND ANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP ARE PROVIDED “AS-IS.” EXCEPT TO THE FULLEST EXTENT PROHIBITED PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER KIND (EXPRESS, IMPLIED, STATUTORY, STATUTORY OR OTHERWISE, WITH RESPECT INCLUDING BUT NOT LIMITED TO THE MAICPP, MICROSOFT MATERIALS, THIRD-PARTY CONTENT, ANDANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENTINFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE DIGITAL BANKING SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR QUIET ENJOYMENT, ANY WARRANTIES THAT ACCESSIBLE FROM THE MATERIALS OR THIRD-PARTY CONTENT WILL BE ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADESITES. NO LICENSE TO YOU IS IMPLIED IN THESE DISCLAIMERS.
Appears in 1 contract
Sources: Digital Banking Agreement
Exclusion of Warranties. a. Your use of contentNOTHING IN THESE TERMS, softwareINCLUDING THIS SECTION 12 AND SECTION 13, productsSHALL EXCLUDE OR LIMIT THE COMPANYʼS WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, or services that are provided or supported by third parties (BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND NORTH CAPITAL'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB PORTAL IS AT YOUR SOLE RISK AND THAT THE WEB PORTAL IS PROVIDED "AS IS" AND “Third-Party Content”) and provided to you by Microsoft is subject to the applicable agreement between you and the Third-Party Content provider. Microsoft does not control or assume any liability for Third-Party Content. If there is a conflict between this Agreement and the Third-Party Content provider’s termsAS AVAILABLE.” IN PARTICULAR, this Agreement will control.
b. The information presented on or through the Partner Portal is made available solely for general information purposes. We do not warrant the accuracyNORTH CAPITAL, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY ITS SUBSIDIARIES AND RESPONSIBILITY ARISING AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: • YOUR USE OF THE WEB PORTAL WILL MEET YOUR REQUIREMENTS; • YOUR USE OF THE WEB PORTAL WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; • ANY RELIANCE PLACED ON SUCH MATERIALS INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE WEB PORTAL WILL BE ACCURATE OR ANY OTHER VISITOR TO RELIABLE; • DEFECTS IN THE PARTNER PORTAL, OPERATION OR BY ANYONE WHO MAY BE INFORMED FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF ITS CONTENTSTHE WEB PORTAL WILL BE CORRECTED. FURTHER, • ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE MAICPP, MICROSOFT MATERIALS, THIRD- PARTY CONTENT, USE OF THE WEB PORTAL IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY BENEFITS DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER MATERIALS DEVICE OR LOSS OF DATA THAT WE MAY OFFER RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NORTH CAPITAL OR THROUGH OR FROM THE MAICPP ARE PROVIDED “AS-IS.” EXCEPT TO WEB PORTAL SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE EXTENT PROHIBITED BY LAW, WE MAKE NO REPRESENTATIONS OR TERMS. NORTH CAPITAL FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORYINCLUDING, OR OTHERWISE, WITH RESPECT BUT NOT LIMITED TO THE MAICPP, MICROSOFT MATERIALS, THIRD-PARTY CONTENT, ANDANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-PURPOSE AND NON- INFRINGEMENT, OR QUIET ENJOYMENT, ANY WARRANTIES THAT THE MATERIALS OR THIRD-PARTY CONTENT WILL BE ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.
Appears in 1 contract
Sources: Web Portal Access Agreement
Exclusion of Warranties. a. Your use of content12.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE BWWW SERVICE IS AT YOUR SOLE RISK AND THAT THE BWWW SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WE ALSO DO NOT WARRANTY ANY UNINTERRUPTED ACCESS TO THE WEBSITE, software, products, or services that are provided or supported by third parties (“Third-Party Content”) and provided to you by Microsoft is subject to the applicable agreement between you and the Third-Party Content provider. Microsoft does not control or assume any liability for Third-Party Content. If there is a conflict between this Agreement and the Third-Party Content provider’s terms, this Agreement will controlSERVICES OR CONTENT AS WELL AS THE QUALITY OF THE ABOVE LISTED.
b. The information presented on or through the Partner Portal is made available solely for general information purposes. We do not warrant the accuracy12.2 BWWW, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU EXPRESS OR ANY OTHER VISITOR TO IMPLIED WARRANTIES REGARDING THE PARTNER PORTAL, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. FURTHER, THE MAICPP, MICROSOFT MATERIALS, THIRD- PARTY CONTENT, AND ANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP ARE PROVIDED “AS-IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE MAICPP, MICROSOFT MATERIALS, THIRD-PARTY CONTENT, ANDANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPPBWWW SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BWWW, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE BWWW SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE BWWW SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, AND (C) USAGE DATA PROVIDED THROUGH THE BWWW SERVICES WILL BE ACCURATE.
12.3 BWWW MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR QUIET ENJOYMENTTHAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR REPRESENTS THE FULL FUNCTIONALITY, ANY WARRANTIES THAT ACCURACY, RELIABILITY OF THE MATERIALS OR THIRD-PARTY CONTENT WILL BE ERROR FREE AS TO RESULTS OR FREE OF HARMFUL COMPONENTS, AND ANY WARRANTIES ARISING OUT THE ACCURACY OF ANY COURSE INFORMATION OBTAINED BY YOU THROUGH THE WEBSITE.
12.4 IN THE EVENT OF DEALING SYSTEMS OR USAGE COMMUNICATIONS ERROES RELATING TO THE GENERATION OF TRADEANALYTICS, WE WILL NOT BE LIABLE TO YOU AS A RESULT OF ANY SUCH ERRORS.
Appears in 1 contract
Sources: Terms of Service