Common use of General Performance Standard Clause in Contracts

General Performance Standard. For the full term of the Customer’s subscription, the Service will perform as described in the Documentation (the “General Performance Standard”). Process and Remedy for Failure of the General Performance Standard. If the Service fails to meet the General Performance Standard, the Customer may seek a remedy by providing a reasonably detailed notice of the failure, after which the Provider will have 30 days to correct the failure. If the Provider cannot do so, then the Customer may terminate its subscription for the Service immediately upon notice and receive a prorated refund for its prepaid but unused fees, measured from the date of the failure notice. Disclaimers including the UCC and Implied Warranties. The Parties agree that these Terms are not a contract for the sale of goods, as those terms are defined under the Uniform Commercial Code, and that their intent is for the Uniform Commercial Code to not apply to this Agreement and the course of action it contemplates. PROVIDER IS NOT A HEALTHCARE PROVIDER OR COVERED ENTITY. PROVIDER MAKES NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY, OR AUTHENTICITY OF THIRD PARTIES ON OR THROUGH THE SERVICE. THE PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. No Endorsement. Reference to any product, event, publication, service, or other of any third party by name, trade name, trademark, service mark, company name or otherwise, does not constitute or imply the endorsement or recommendation of such by Provider. Use of the Service by the Customer. The Customer will only access the Service through its Documented access points and will only use the Service for its Documented purpose and subject to the limits established in this Agreement or any ordering documents (such as limits on Service scope, user counts, duration, or volume).