Moneris Solutions Corporation and all of our affiliates, representatives or agents (“we” or “Moneris”) may make certain applications (the “Apps”) available for use by you (the Merchant) or allow you to download and use such Apps on your Moneris GO terminals, other Moneris Equipment or systems, or through any Apps store which we may make available to you from time to time. Such Apps are not developed by Moneris and are made available to you for your use subject to their respective end user license agreements or other similar license agreements, terms and conditions, instructions and other documentation or requirements (“Third Party Terms”). You and your users are solely responsible for complying with any such Third Party Terms.
Moneris does not provide any warranties for the Apps and they are provided to you "as is" and "as available". All other representations or warranties, express or implied, including any warranties of merchantability or as to correctness, quality, accuracy or reliability or as to fitness for a particular purpose and or any representations or warranties under applicable sale of goods legislation are specifically excluded and disclaimed. We do not warrant that the Apps will meet your or your users' requirements. Neither we nor our representatives make any representation or warranty: (i) that access to the Apps will be uninterrupted or error free; and (ii) that security breaches will not occur with respect to any information communicated through the Apps, the Internet or any common carrier communications facility. We assume no responsibility to you, your users or any other person for the consequences of any errors or omissions.
We are not responsible for the loss of any data or information you or your customers have uploaded, posted or transmitted to the Apps and we have no obligation to maintain any data or information, you or your customers have uploaded, posted or transmitted to the Apps.
You acknowledge and agree that we will not be liable to you, your users, customers or any other person for any claims that may arise directly or indirectly as a result of your, your users', your customers’ or any other person's use of the Apps including without limitation: (i) any failure, termination, suspension, delay or disruption of the Apps, the Internet, or any communications network, facility or equipment; (ii) any damages arising from your failed attempts to access or use the Apps; (iii) any damages arising from any failure to view or use the Apps or transmit, post, upload any information or data to the Apps, or from any human, machine or software errors or faulty or erroneous input by you or your users; (iv) the integrity of any of the content that you or your customers post, transmit or upload to the Apps or that has been downloaded from the Apps; (v) any damages resulting from any delays and/or losses including without limitation any loss of data or information arising in connection with the Apps; or (vi) any damage to devices, systems or networks, including the device on which you install or use the App, arising from your use or installation of the App.
You expressly understand and agree that we make no representations or warranties whatsoever and have no legal, equitable, or other liability of any kind to you in connection with the Apps, regardless of the form of the action, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise.
We expressly disclaim any liability whatsoever for any indirect, special, incidental or consequential cost, loss, expense, damage or liability of any nature, loss of profits or revenue, loss of data, downtime costs or business opportunities arising out of or in connection with the Apps.
Without limiting any of the foregoing, you acknowledge and agree that: