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h) any interruption or failure of 911 or E911 emergency services or
identification of the Number, address or name associated with any
person accessing or attempting to access emergency services from
your phone;
i) the installation or repair of any products or equipment by parties
who are not our authorized employees or agents;
j) 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;
k) any act or omission of any third party or independent contractor
that offers products or services in conjunction with or through the
Services; or
l) your negligent or intentional act or omission.
NO CONSEQUENTIAL OR OTHER DAMAGES.
UNDER NO CIRCUM-
STANCES ARE WE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL,
PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARIS-
ING OUT OF OR IN CONNECTION WITH PROVIDING OR FAILING TO
PROVIDE SERVICES, PHONES OR OTHER EQUIPMENT USED IN CON-
NECTION WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION,
LOST PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT PROD-
UCTS AND SERVICES. THIS SECTION SURVIVES TERMINATION OF THIS
AGREEMENT.
Indemnification.
You indemnify and defend us, our partners, directors,
officers, employees and agents from and against any claim, action, dam-
age, liability and expense arising out of or in connection with: (1) your
acts or omissions that occur in connection with your use of the Services
or equipment used in connection with the Services, and (2) any commu-
nications you make or receive using the Services. This indemnification
extends to and includes any attorney's fees and costs incurred by us aris-
ing from any actions or claims to which this indemnification applies, or
from the contesting of the applicability of this provision. This section sur-
vives termination of this Agreement.
MANDATORY ARBITRATION OF DISPUTES.
ANY CLAIM, CONTRO-
VERSY OR DISPUTE OF ANY KIND BETWEEN THE CUSTOMER AND
THE COMPANY AND/OR ANY OF ITS EMPLOYEES, AGENTS, AFFILI-
48
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