Indemnity, General provisions – Samsung PM-A740 User Manual

Page 87

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INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY,

AND PUNITIVE DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF

THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF

LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM

USE OR MISUSE OF AND RELIANCE ON THE SITE, PRODUCTS OR

SERVICES, FROM INABILITY TO USE THE SITE OR FROM THE

INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR

DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS

RECEIVED THROUGH OR ADVERTISED ON THIS SERVICE OR

RECEIVED THROUGH ANY LINKS PROVIDED ON THIS SITE, AS

WELL AS BY REASON OF ANY INFORMATION OR ADVICE

RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR

RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS

AND SERVICES.

(e)

BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF

CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF

LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE

ABOVE LIMITATION MAY NOT APPLY TO YOU. OUR OWN AND

OUR SUPPLIERS' TOTAL LIABILITY FOR DAMAGES, LOSSES, AND

CAUSES OF ACTION, REGARDLESS OF LEGAL THEORY, WILL IN NO

EVENT EXCEED THE AGGREGATE DOLLAR AMOUNT YOU HAVE

PAID TO US UNDER THESE TERMS, OR US $25.00, WHICHEVER IS

GREATER.

14. Indemnity

You agree to indemnify and hold Sprint and its parents, suppliers,

licensors, subsidiaries, affiliates, officers, and employees harmless

from any claim or demand, including reasonable attorneys' fees,

made by any third party due to or arising out of: (1) use of the Service

by you or by anyone using your account; (2) violation of these Terms

by you or by anyone using your account; or (3) violation or

infringement by you, or by anyone using your account, of intellectual

property rights or any other rights of any other person.

15. General Provisions

We may assign our rights and duties under these Terms to any third

party at any time without notice to you. These Terms and the

relationship between you and Sprint shall be governed by the laws of

the State of California without regard to its conflict of law provisions.

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