HBS Cloud Services:General disclaimer

View the latest Terms and Conditions PDF here: https://www.hbs.net/wp-content/uploads/2024/05/HBS_STC_2024.v1.0-clean-5.14.2024.pdf

WARRANTY

Any hardware, software, parts, licenses or third-party services sold to Buyer, or integrated, included or utilized as part of any Seller service offering sold to Buyer, may be subject to a warranty made by the manufacturer or other third party to Buyer and, if so, the terms and conditions of such warranty are set forth in other documents. Buyer acknowledges that Seller is not a party to any such warranty, and that any rights or remedies that Buyer may have pursuant to said warranty are against the manufacturer or other third party directly, and is not assertable against Seller. Buyer shall look solely to the manufacturer or other third party for any loss, claims, damages or indemnification arising from or related to the above-mentioned products or third-party services. Buyer may also be subject to additional terms and conditions imposed by the manufacturer or other third party. SELLER MAKES NO WARRANTY WITH RESPECT TO THE PRODUCTS OR SERVICES SOLD HEREUNDER. BUYER ACKNOWLEDGES THAT IT HAS NOT RELIED ON ANY WARRANTY OR REPRESENTATION BY SELLER WITH RESPECT TO THE PRODUCTS OR SERVICES SOLD HEREUNDER, EXCEPT AS ARE EXPRESSLY CONTAINED HEREIN. ANY IMPLIED WARRANTY OF MERCHANTABILITY, AND ANY IMPLIED WARRANTY THAT THE PRODUCTS OR SERVICES SOLD HEREUNDER ARE FIT FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED.

INDEMNIFICATION

Buyer agrees to indemnify, hold harmless and defend Seller and its affiliates, officers, employees, and agents from and against all claims, actions, damages, suits, liabilities, obligations, costs, fees, charges, and any other expenses whatsoever, including costs and attorneys’ fees, arising out of, or related to Buyer’s performance under any agreement between the parties, violation of any law by Buyer, any misrepresentation, negligence or misconduct of Buyer, any claim that Buyer has infringed the intellectual property rights of a third party, Buyer’s violation of any end user agreement, or Buyer’s use or modification of any products or services.

Trademarks

Any of the trademarks, service marks, collective marks, design rights, personality rights or similar rights that are mentioned, used or cited in the articles of wiki.hbscloudservices.com are the property of their respective owners. Their use here does not imply that you may use them for any other purpose other than for the same or a similar informational use as contemplated by the original authors.

Jurisdiction and legality of content

CHOICE OF LAW; JURISDICTION. This Agreement, and any claim arising under it, or related to the transaction evidenced by it, shall be construed and determined under the laws of Wisconsin. The parties agree to the exclusive jurisdiction of the courts located in Outagamie County, Wisconsin for the resolution of any disputes arising from or related to this Agreement. Each party submits to and accepts, generally and unconditionally, the exclusive jurisdiction of such court. Each party waives any claim that such court is not a convenient forum or the proper venue. The parties agree that neither party may bring or join in any class action litigation against the other party. No action arising out of this Agreement may be brought by Buyer more than one year after the cause of action has arisen.

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