|
responsible, Agency360 shall invoice Customer for such amounts and Customer shall pay Agency360 for the
<br />taxes unless Customer provides Agency360 with a valid tax exemption certificate issued by the appropriate taxing
<br />authority.
<br />(e) Failure to Pay; Suspension. Agency360 reserves the right to either terminate this Agreement
<br />and/or suspend Customer's and any Users' access to and/or use of the Software, Services or Site for any accounts
<br />for which any payment is due but unpaid but only after Agency360 has provided Customer at least two (2)
<br />delinquency notices and at least thirty (30) days have passed since the transmission of the first notice. Customer
<br />agrees that Agency360 shall not be liable to Customer or to any Users or other third party for any suspension of
<br />the Services pursuant to this Section. Delinquent invoices are subject to interest of 1.5% per month on any
<br />outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection.
<br />Customer shall continue to be charged for all Fees during any period of suspension. Agency360 may impose a
<br />reconnection fee in the event Customer's account or access is suspended and thereafter Customer requests access
<br />to the Software, Services or Site. If Agency360 employs an attorney to enforce the payment terms of this
<br />Agreement, it may recover its actual attorney's fees and costs, including expert witness fees.
<br />6. Warranties.
<br />(a) Warranty of Functionality. Agency360 warrants that the Services will conform to the
<br />Agreement applicable to the Services purchased by Customer. Agency360 also warrants that the Software,
<br />Services and Site will be free of viruses, Trojan horses, worms, spyware, or other such malicious code
<br />("Malicious Code"), except for (i) any Malicious Code contained in Customer -uploaded attachments or otherwise
<br />originating from Customer or its Users, and (ii) any Malicious Code contained in any Third -Party Applications.
<br />(b) DISCLAIMER OF WARRANTIES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED
<br />HEREIN, THE SOFTWARE, SERVICES, AND ALL MATERIALS AND SERVICES ON THIS SITE ARE
<br />PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND,
<br />EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
<br />OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF
<br />NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, AGENCY360 MAKES NO WARRANTY
<br />THAT: (i) THE SOFTWARE, SERVICES, AND SITE WILL MEET YOUR REQUIREMENTS, (ii) THE
<br />SOFTWARE, SERVICES, AND SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR -FREE,
<br />(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE, SERVICES, AND
<br />SITE WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS,
<br />SOFTWARE, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE
<br />FROM AGENCY360 OR ITS AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM
<br />MISTAKES, ERRORS OR DEFECTS; (v) ERRORS OR DEFECTS WILL BE CORRECTED, OR (vi) THE
<br />SOFTWARE, SERVICES, SITE OR THE SERVER(S) THAT MAKE THE SOFTWARE, SERVICES, OR SITE
<br />AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
<br />THE SOFTWARE, SERVICES OR SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES,
<br />INACCURACIES OR TYPOGRAPHICAL ERRORS. AGENCY360 MAY MAKE CHANGES TO SERVICES
<br />OR SOFTWARE AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS
<br />OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE, UNLESS OTHERWISE
<br />EXPRESSLY PROVIDED HEREIN. THE SOFTWARE OR SERVICES AT THIS SITE MAY BE OUT OF
<br />DATE, AND AGENCY360 MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
<br />G]
<br />
|