Blackberry 7250 User Manual

Page 55

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Terms and Conditions of Services

Disclaimer of Warranties.

WE MAKE NO REPRESENTATIONS OF

WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (TO THE EXTENT
ALLOWED BY LAW) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICES OR
WIRELESS DEVICE. WE DO NOT PROMISE UNINTERRUPTED OR ERROR-FREE
SERVICES AND YOU AGREE TO HOLD US HARMLESS FOR ALL SUCH
PROBLEMS.

Limitation of Liability.

Neither we nor our vendors, suppliers or licensors

are liable for any damages arising out of or in connection with any: (a) act
or omission by your, or another person or company; (b) providing or failing
to provide Services, including deficiencies or problems with your wireless
device, our network coverage or Services (e.g., dropped, blocked,
interrupted calls/messages, etc.); (c) traffic or other accidents, or any
health-related claims allegedly arising from the use of Services, any
wireless devices or related accessories; (d) content or information accessed
while using our Services, such as through the internet; (e) interruption or
failure in accessing or attempting to access emergency services from your
phone, including through 911, E911 or otherwise; or (f) events due to
factors beyond our control, including acts of God (including, without
limitation, weather-related phenomena, fire or earthquake), war, riot,
strike, or orders of governmental authority. In the event we are found to be
responsible to you for monetary damages relating to the Services (including
wireless devices), you agree that any such damages will not exceed the pro-
rated monthly recurring charge for your Services during the affected period.

NO CONSEQUENTIAL OR OTHER DAMAGES.

UNDER NO

CIRCUMSTANCES ARE WE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL,
PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING
OUT OF OR IN CONNECTION WITH PROVIDING OR FAILING TO PROVIDE
SERVICES, PHONES OR OTHER EQUIPMENT USED IN CONNECTION WITH
THE SERVICES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF
BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES. THIS
SECTION SURVIVES TERMINATION OF THIS AGREEMENT.

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