Mungeclimber
Trad climber
sorry, just posting out loud.
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Topic Author's Original Post - May 19, 2007 - 11:57pm PT
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For a service that is DESIGNED to make you online purchases more secure.
Doesn't it seem glaringly apparent that this kind of language shouldn't even be allowed in the TOU when they are out right denying the warranty for a particular purpose aside from the other shrink wrap crap?
Am I the only one that reads privacy policies, TOU, and is thoroughly discusted with the way they simply write off certain basic principles of good customer service and even certain customer protection laws?
thoughts?
Disclaimer of Warranties
THIS SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
UNLESS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE COMPANY MAKES NO WARRANTY TO YOU CONCERNING THE VIRTUAL ACCOUNT NUMBERS SERVICE OR ANY RELATED SOFTWARE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. THE COMPANY MAKES NO WARRANTY THAT THE VIRTUAL ACCOUNT NUMBERS SERVICE OR ANY RELATED SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE VIRTUAL ACCOUNT NUMBERS SERVICE OR ANY RELATED SOFTWARE WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE; NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE VIRTUAL ACCOUNT NUMBERS SERVICE OR ANY RELATED SOFTWARE OR THAT DEFECTS IN VIRTUAL ACCOUNT NUMBERS SERVICE OR ANY RELATED SOFTWARE WILL BE CORRECTED.
UNLESS OTHERWISE EXPRESSLY PROVIDED HEREIN, YOU UNDERSTAND AND AGREE THAT THERE ARE INHERENT LIMITATIONS WITH SECURE TRANSACTION PROCESSING OVER THE INTERNET, AND YOU AGREE TO DETERMINE WHETHER THE VIRTUAL ACCOUNT NUMBERS SERVICE AND ANY RELATED SOFTWARE MEET YOUR REQUIRED LEVEL OF SECURITY. UNLESS OTHERWISE EXPRESSLY PROVIDED HEREIN, DELAYS IN DATA TRANSMISSIONS RESULTING FROM OR RELATED TO THE VIRTUAL ACCOUNT NUMBERS SERVICE OR ANY RELATED SOFTWARE IS AT YOUR SOLE RISK AND THE COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY AS TO SUCH A DELAY.
YOU ARE SOLELY RESPONSIBLE FOR ADEQUATE SAFEGUARDS AND PROTECTIONS OF YOUR EQUIPMENT, SOFTWARE PROGRAMS, INFORMATION AND DATA OR ANY OTHER MATERIALS AND/OR INFORMATION THAT MAY BE AFFECTED BY THE VIRTUAL ACCOUNT NUMBERS SERVICE OR ANY RELATED SOFTWARE. THE COMPANY MAKES NO WARRANTY TO YOU CONCERNING THE VIRTUAL ACCOUNT NUMBERS SERVICE'S COMPATIBILITY WITH YOUR EQUIPMENT, SOFTWARE PROGRAMS, INFORMATION AND DATA OR ANY CONSEQUENCE OF YOUR INSTALLATION OF VIRTUAL ACCOUNT NUMBERS SERVICE ON YOUR EQUIPMENT, SOFTWARE PROGRAMS, INFORMATION AND DATA OR ANY INABILITY TO USE, OR CORRUPTION, THEREOF.
Limitation of Liability
NEITHER THE COMPANY'S LICENSOR NOR THE COMPANY SHALL BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER RESULTING FROM THE (i) USE OR THE INABILITY TO USE THE VIRTUAL ACCOUNT NUMBERS SERVICE OR ANY RELATED SOFTWARE, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED VIA USE OF THE VIRTUAL ACCOUNT NUMBERS SERVICE OR ANY RELATED SOFTWARE, (iii) MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE VIRTUAL ACCOUNT NUMBERS SERVICE OR ANY RELATED SOFTWARE, OR (iv) UNAUTHORIZED ACCESS TO, ALTERATION OR USE OF YOUR TRANSMISSIONS OR DATA, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE OR GOODWILL; COMPUTER FAILURE OR MALFUNCTION; OR ANY AND ALL OTHER COMMERCIAL DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF ANY REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE COMPANY'S LIABILITY TO YOU EXCEED DIRECT DAMAGES RESULTING FROM THE COMPANY'S BREACH OF ITS AGREEMENT HEREUNDER.
Indemnification by User
USER AGREES TO INDEMNIFY, DEFEND AND HOLD THE COMPANY HARMLESS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING ATTORNEY'S FEES RELATED TO A USER'S VIOLATION OF THESE TERMS OF USE OR THE USE OF THE VIRTUAL ACCOUNT NUMBERS SERVICE.
The company Website Terms and Conditions
You agree to be bound by the terms of the The company Website Terms and Conditions which may be viewed by clicking on the appropriate links provided at the bottom of this page.
Amendments/Termination
The company may amend these Terms of Use at any time by posting a revised version of these Terms of Use on this Website. Changes will be effective when they are posted. The company is not required to provide you with notification that any such change has been made. It is your responsibility to review these Terms of Use from time to time to be aware of any such changes. Your continued use of the Virtual Account Numbers Service will indicate your agreement to any such change. In addition, The company may terminate the Virtual Account Numbers Service or your use of the Virtual Account Numbers Service at any time.
Controlling Law and Severability
These Terms of Use will be governed by the laws of the United States and the State of New York without regard to conflicts of laws' provisions thereof. If any provision of these Terms of Use, or portion thereof, is held to be unenforceable, the remainder of terms and conditions set forth in the Terms of Use shall continue in full force and effect.
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