action taken by you in
reliance upon any Third-Party Information. Except as set forth in this
Agreement, the Services are provided "AS IS", and WE DISCLAIM ALL ORAL, WRITTEN,
EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND REPRESENTATIONS WITH RESPECT TO
THE USE, MISUSE, OR INABILITY TO USE THE SERVICES, THEIR QUALITY, ACCURACY OR
RELIABILITY, OR THEIR MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTY
RIGHTS OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SERVICES ARE ERROR FREE
OR WILL BE OFFERED WITHOUT INTERRUPTION. This entire limitation of liability
section shall survive any expiration or termination of this Agreement.
6. COMPLIANCE WITH LAW. You will comply with, and will assist us in complying
with, all applicable laws, rules and regulations of local, state or federal
governments (including export, privacy and data protection laws), any Suppliers,
the Airlines Reporting Corporation ("ARC") or the International Airlines Travel
Agent Network ("IATAN"), as applicable. The Parties agree to take all reasonable
measures to protect against the misappropriation or other misuse of ARC traffic
documents, including ticket stock and identification plates. You are solely
responsible for any debit memos issued as a result of your breach or alleged
breach of this Section.
In the event that a Customer wishes to license the RESX Web Fares product, the
following terms and conditions shall also be included in the Customer agreement:
WEB FARE BOOKING FUNCTIONALITY PROVIDED TO CUSTOMER BY US HEREUNDER IS PROVIDED
"AS IS," WITH NO WARRANTY OF ANY KIND OR NATURE. WE AND OUR PROVIDERS MAKE NO
EXPRESS OR IMPLIED WARRANTY WITH RESPECT TO THE WEB FARE BOOKING FUNCTIONALITY,
OR ANY OTHER RELATED MATTER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF
NON-INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS, OR ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, TITLE, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER WE
NOR OUR PROVIDERS WARRANT THAT ALL ERRORS CAN OR WILL BE CORRECTED, THAT THE WEB
FARE BOOKING FUNCTIONALITY WILL OPERATE WITHOUT ERROR OR THAT THE WEB FARE
BOOKING FUNCTIONALITY WILL MEET YOUR REQUIREMENTS.
YOU ARE AWARE THAT OPERATION OF THE WEB FARE BOOKING SOLUTION IS DEPENDENT UPON
OUR ABILITY TO ACCESS THE PROPRIETARY INTERNET SITES OF THIRD PARTIES. IN NO
EVENT SHALL WE BE LIABLE TO YOU IN THE EVENT THAT A PORTION OR ALL OF THE WEB
FARE BOOKING FUNCTIONALITY BECOMES UNAVAILABLE DUE TO CAUSES BEYOND THE OUR
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CONTROL, INCLUDING, WITHOUT LIMITATION, UNAVAILABILITY CAUSED BY THE REQUEST OR
ACTION OF THIRD PARTIES, OUR INABILITY THROUGH REASONABLE COMMERCIAL EFFORT
(FUNCTIONALLY, BY FORCE OF LAW OR BY THREAT OF LEGAL ACTION) TO ACCESS CERTAIN
PROPRIETARY INTERNET SITES OF THIRD PARTIES OR DOWNTIME, WHETHER OR NOT
SCHEDULED, OF THIRD PARTY INTERNET SITES. IN THE EVENT OF SUCH UNAVAILABILITY,
WE SHALL HAVE THE RIGHT, IN OUR SOLE DISCRETION, TO SUSPEND OR TERMINATE THE WEB
FARE BOOKING FUNCTIONALITY, IN WHOLE OR IN PART, IMMEDIATELY AND WITHOUT
PENALTY.
WE SHALL NOT BE LIABLE TO YOU FOR DAMAGES OF ANY KIND SUFFERED BY YOU AS A
RESULT OF YOUR USE OF THE WEB FARE BOOKING FUNCTIONALITY PROVIDED HEREUNDER,
INCLUDING, WITHOUT LIMITATION,