THE PTSAS, AND, MORE BROADLY, ALL OF PROVIDER’S SERVICES AND PRODUCTS, AND ALL CONTENT CONTAINED WITHIN OR RELATED TO THE PTSAS (“CONTENT”), ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE PTSAS, ITS CONTENT, AND, MORE BROADLY, ALL THE PROVIDER’S SERVICES AND PRODUCTS WILL MEET SUBSCRIBER’S REQUIREMENTS, (B) THE SERVICES, INCLUDING THE PTSAS AND ITS CONTENT, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE PRODUCTS ARE FREE FROM ANY MANUFACTURING, DESIGN OR OTHER DEFECTS, (D) RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PTSAS, ITS CONTENT, AND MORE BROADLY PROVIDER’S SERVICES AND PRODUCTS, WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (E) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY SUBSCRIBER FROM THE PTSAS, PROVIDER AND/OR AFFILIATES, WILL MEET SUBSCRIBER’S EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. THE PTSAS AND ITS CONTENT COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS, OR (F) THE RECOMMENDATIONS GIVEN BY THE PTSAS ARE ACCURATE. PROVIDER MAY MAKE CHANGES TO THE PTSAS, ITS CONTENT, AND MORE BROADLY ITS SERVICES AND PRODUCTS, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SERVICES OR PRODUCTS LISTED ON THE PTSAS, AT ANY TIME. THE CONTENT OF THE PTSAS MAY BE OUT OF DATE, AND PROVIDER MAKES NO COMMITMENT TO UPDATE IT. USE OF THE PTSAS, ITS CONTENT, AND MORE BROADLY PROVIDER’S SERVICES, AND/OR THE DOWNLOADING, ACCESSING OF OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE PTSAS, IS DONE AT SUBSCRIBER’S OWN DISCRETION AND RISK AND WITH SUBSCRIBER’S AGREEMENT THAT IT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS COMPUTER SYSTEM, LOSS OF DATA, LOSS OF PROFITS, OR OTHER COSTS INCURRED FROM SUCH ACTIVITIES. Recommandations, or tasks displayed on the user interfaces of the PTSAS are not intended to be professional advice. Subscriber further understands and agrees that Provider has no control over either third party web sites or web service Subscriber may access in the course of its use of the PTSAS or the electrical power sources supporting those networks or services, and therefore, delays and disruption of other network transmissions are completely beyond Provider’s control. Subscriber understands and agrees that Provider’s Services available to Subscriber are provided “AS IS” and that Provider assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any User communications or personalization settings. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Hardware Warranty: Unless otherwise stated by PreciTaste in a sales agreement between PreciTaste and End-User Customer, Hardware directly manufactured by PreciTaste (“PreciTaste Hardware”) is warranted for a period of sixty (60) days from date of shipment from PreciTaste or, with proof of purchase, from the purchase date whichever is later, against defects in workmanship and materials, provided the PreciTaste Hardware remains unmodified and is operated under normal and proper conditions. PreciTaste DOES NOT PROVIDE, AND DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, FOR HARDWARE THAT IS NOT MANUFACTURED BY PreciTaste “THIRD PARTY HARDWARE”. The sole obligation of PreciTaste for defective PreciTaste Hardware is limited to repair or replacement (at PreciTaste’s sole discretion) on a “return to service depot” basis with PreciTaste’s prior authorization. Subscriber is responsible for shipment to PreciTaste and assumes all costs and risks associated with this transportation. PreciTaste shall be responsible for return shipment to End-User Customer, unless PreciTaste, in PreciTaste’s sole and absolute discretion, determines that the corresponding Hardware has no defect or is not under warranty, in which case Subscriber shall be responsible also for return shipment. No charge will be made to Subscriber for warranty repairs. PreciTaste shall not be responsible for any damage to or loss of any software programs, data or removable data storage media, or the restoration or reinstallation of any software programs or data.Warranty repair shall be performed in a good and workmanlike manner. The repair shall conform in all material respects to the applicable industry standards for a period of thirty (30) days following completion of the repair or until the end of the original warranty period, whichever is longer. Subscriber’s sole and exclusive remedy in regard to warranty repair shall be to request PreciTaste to re-perform the non-conforming warranty repair.