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InfoSend, and its licensors, where applicable, owns all
<br />rights, title and interest, including all related Intellectual
<br />Property Rights, in and to InfoSend technology, the
<br />content and the Services. The InfoSend name, the
<br />InfoSend logo, and the product names associated with the
<br />Service are trademarks of InfoSend orthird parties, and no
<br />right or license is granted to use them.
<br />9 Representations & Warranties
<br />9.1 InfoSend Representations and Warranties
<br />InfoSend represents and warrants that it has the legal
<br />power and authority to enter into this Agreement and that
<br />Services will be provided in a professional and
<br />workmanlike manner.
<br />InfoSend warrants that the Services will materially
<br />perform the functions that the Client has selected under
<br />normal use and circumstances and that InfoSend shall use
<br />commercially reasonable measures to protect Client Data
<br />to the extent that it retains such data in the operation of
<br />the Services. Provided that Client gives InfoSend written
<br />notice of failure to meet the foregoing warranty within )
<br />ninety (90) days following delivery of any Services, or as
<br />otherwise specified in a Statement of Work ("SOW"),
<br />InfoSend warrants that it will use commercially
<br />reasonable efforts to correct any Services that fail to
<br />comply with the foregoing warranty. If there is no notice
<br />by Client within sixty (60) days following delivery of any
<br />Services, or as otherwise specified in a Statement of Work
<br />("SOW"), it shall be deemed Client has accepted the
<br />Services.
<br />9.2 Client Representations and Warranties
<br />Client represents and warrants that it has the legal power
<br />and authority to enter into this Agreement. Client further
<br />warrants that it will comply with all laws, regulations, and
<br />compliance requirements applicable to Client's and User's
<br />activities covered by this Agreement.
<br />9.3 Warranty Disclaimer
<br />Except as expressly set forth in Section 9.1 above, InfoSend
<br />disclaims all other representations or warranties, express
<br />or implied, made to Client or any other party, including
<br />without limitation, any warranties regarding quality,
<br />suitability, merchantability, fitness, for a particular
<br />purpose or otherwise of any services or any good provided
<br />incidental to the Services provided under this Agreement,
<br />to the extent permitted by applicable law.
<br />InfoSend Master Service Agreement
<br />10.2.2018
<br />Page 4 of 7
<br />InfoSend and its licensors and payment processors do not
<br />represent or warrant that (i) the use of the Services will be
<br />uninterrupted or error free, or operate in combination
<br />with any other hardware, software, system or data, or (ii)
<br />the Services will not delay in processing or paying. Service
<br />may be subject to the limitations, delays, and other
<br />problems inherent in the use of the Internet and electronic
<br />communications. InfoSend is not responsible for any
<br />delays, delivery failures, or other damage resulting from
<br />such problems.
<br />9.4 Outbound Services Disclaimer
<br />InfoSend Outbound services are intended to create
<br />additional methods of communication for Clients in
<br />support of existing processes. These services are not
<br />intended to replace all interaction with Client's end users
<br />or employees. While the outbound services have been
<br />created with the best available tools and practices, they
<br />are dependent on infrastructure that is inherently not fail -
<br />proof, including but not limited to infrastructure such as
<br />United States Postal Service ("USPS") delivery standards,
<br />software, computer hardware, network services,
<br />telephone and SMS services, and e-mail. Examples of
<br />situations that could cause failure include but are not
<br />limited to: USPS failure to deliver, down phone lines, all
<br />lines busy, equipment failure, email address changes, and
<br />Internet service disruptions. For this reason, while
<br />outbound services are valuable in providing enhanced
<br />communication, they are specifically not designed to be
<br />used as the sole method to deliver critical messages.
<br />Client acknowledges that it is aware of the potential
<br />hazards associated with relying on an automated
<br />outbound service feature, when using InfoSend services,
<br />and Client acknowledges and agrees that it is giving up in
<br />advance any right to sue or make any claim against
<br />InfoSend, and that Client forever releases InfoSend from
<br />any and all liability caused by (a) any failed USPS delivery;
<br />(b) any failed email delivery; (c) any failed SMS or call
<br />attempts (including excess of calls over and above
<br />network or system capacity), incomplete calls, or any
<br />busy -outs; (d) any failure to transmit, obtain or collect
<br />data from callers or for human and machine errors, faulty
<br />or erroneous input, inarticulate caller communication,
<br />caller delays or call lengths exceeding estimated call
<br />lengths or omissions, delays and losses in connection with
<br />the Services provided hereunder; or (e) if Client, Client's
<br />employees, or Client's end user suffer injury or damage
<br />due to the failure of outbound services to operate, even
<br />though InfoSend does not know what or how extensive
<br />those injuries or damages might be, unless such losses
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