Representations and Warranties Disclaimers Limitations of Liability Clause Samples
Representations and Warranties Disclaimers Limitations of Liability. 7.1 You represent and warrant that you will not use any of the Service Offerings (including but not limited to our Website forums and comments sections) or Hwisel Marks or any of your Applications or Queries, in a manner that violates this Agreement. To this end, you must take reasonable precautions and procedures to prevent violation of this Agreement. Although Hwisel does not assume the duty or obligation to monitor any materials created, posted or uploaded by you or any third parties, Hwisel reserves the right, in its sole and absolute discretion, to monitor any and all materials posted or uploaded by you or any third parties at any time without prior notice to ensure that they conform to our usage guidelines and policies.
7.2 You represent and warrant that you are responsible for any charges incurred by virtue of your use of the Applications, whether or not the Application in question acted in error.
7.3 THE SERVICE OFFERINGS ARE PROVIDED "AS IS." WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO ANY OF THE SERVICE OFFERINGS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. WE AND OUR LICENSORS DO NOT EXPLICITLY WARRANT WILL FUNCTION AS DESCRIBED, WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN SERVICE OFFERINGS WILL BE CORRECTED, LOST OR DAMAGED. WE AND OUR LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY SERVICE OFFERINGS INTERRUPTIONS, INCLUDING WITHOUT LIMITATION POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY THIRD PARTY OR THROUGH ANY OF THE SERVICE OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
7.4 NEITHER WE NOR ANY OF OUR AFFILIATES, SUPPLIERS, OR LICENSORS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY SUCH DAMAGES RESULTING FROM: (I) THE USE OR THE INABILITY TO USE ANY OF THE SERVICE O...
Representations and Warranties Disclaimers Limitations of Liability. 7.1 You represent and warrant that You will not use the Website (including our forums and comments sections), Services, Twilio Properties, Twilio Marks, Your Application or Your Content in a manner that violates the Acceptable Use Policy. To this effect, we ask that You take reasonable precautions to promote best practices. Although Twilio does not assume the duty or obligation to monitor any materials created, posted or uploaded by You or any third parties, Twilio reserves the right, in its sole and absolute discretion, to monitor any and all materials posted or uploaded by You or any third parties at any time without prior notice to ensure that they conform to any usage guidelines or policies (including our Acceptable Use Policy) relating to our
Representations and Warranties Disclaimers Limitations of Liability. You represent and warrant that you shall not use the Services, PEEKAST Properties, your Application or Your Content:
A) in a manner that infringes, violates or misappropriate any of our rights or those of any third party,
B) to engage in spamming or other impermissible advertising, marketing or other activities, including, without limitation, any activities that violate anti-spamming laws and regulations, including, without limitation, the CAN SPAM Act of 2003,
C) in any manner that constitutes or facilitates the illegal export of any controlled or otherwise restricted items, including, without limitation, software, algorithms or other data that is subject to export laws, and/or D) in a way that is otherwise illegal or promotes illegal activities, including without limitation, in a manner that might be libelous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age.
Representations and Warranties Disclaimers Limitations of Liability