Each of you and DemandEngine represents to the other party that it has the legal authority to enter into this Agreement without violating any government order or any agreement with a third party. In addition, you represent and warrant to DemandEngine that: (i) all Users are at least 18 years old; (ii) all information provided in the Order Form is accurate and truthful; (iii) your use of the Services and the Interaction Data, including the delivery of content to your recipients through the Services, will be, at all times, in compliance with the Agreement and all applicable laws, rules and regulations, and without any infringement of a third party’s intellectual property or privacy rights; (iv) you have permission to deliver the content through the Services to each of the recipients uploaded in your Account; and (v) neither you nor any of your officers, directors or personnel is located in a United States embargoed country, or is, or has been, named on the United States Treasury Department’s listing of specially designated nationals and blocked persons or is, or has been, otherwise blacklisted by any instrumentality of the United States..
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, DEMANDENGINE AND ITS SUPPLIERS SHALL PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR QUALITY. DEMANDENGINE AND ITS SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES, OR THE RESULTS YOU MAY OBTAIN BY USING THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DEMANDENGINE AND ITS SUPPLIERS DO NOT REPRESENT OR WARRANT THAT THE USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE QUALITY OF THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT DEMANDENGINE AND ITS SUPPLIERS DO NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS RELATED TO THE USE OF SUCH COMMUNICATIONS FACILITIES AND THAT DEMANDENGINE AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY SUCH LIMITATION, DELAY OR PROBLEM.