Performance Is Not Guaranteed Sample Clauses

Performance Is Not Guaranteed. You expressly understand and agree that while WIB Service provides a fail-over, back-up solution to temporary disruption of your primary, wired Internet access connection, Astound does not guarantee WIB Service will function as intended, does not represent that WIB Service is fail-safe or error-free, and WIB Service should not be relied upon in situations where error-free or uninterrupted service is essential. Astound will not be responsible for, and you expressly assume all risk of, any losses or damages arising as a result of the failure of your WIB Service to function as expected.
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Related to Performance Is Not Guaranteed

  • Data Not Guaranteed The Customer expressly agrees that any data or online reports is provided to the Customer without warranties of any kind, express or implied, including but not limited to, the implied warranties of merchantability, fitness of a particular purpose or non-infringement. The Customer acknowledges that the information contained in any reports provided by you is obtained from sources believed to be reliable but is not guaranteed as to its accuracy of completeness. Such information could include technical or other inaccuracies, errors or omissions. In no event shall you or any of your affiliates be liable to the Customer or any third party for the accuracy, timeliness, or completeness of any information made available to the Customer or for any decision made or taken by the Customer in reliance upon such information. In no event shall you or your affiliated entities be liable for any special incidental, indirect or consequential damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not advised of the possibility of damages, and on any theory of liability, arising out of or in connection with the use of any reports provided by you or with the delay or inability to use such reports.

  • Performance Guarantees Contractor agrees to provide the County the performance guarantees specified in Attachment A and to pay any penalties incurred in accordance with the terms of Attachment A.