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(c) damage or injury caused by the use of
Services, Software, or Equipment, including
use in a vehicle;
(d) claims against you by third parties;
(e) damage or injury caused by a suspension
or termination of Services or Software by
AT&T; or
(f) damage or injury caused by failure or
delay in contacting any emergency service.
Notwithstanding the foregoing, if Your
Service is interrupted for 24 or more
continuous hours by a cause within our
control, we will issue You, upon request, a
credit equal to a pro-rata adjustment of the
monthly Service fee for the time period your
Service was unavailable, not to exceed the
monthly Service fee. Our liability to You for
Service failures is limited solely to the credit
set forth above.
Unless prohibited by law, AT&T isn't liable
for any indirect, special, punitive, incidental
or consequential losses or damages that
You or any third party may suffer by use of,
or inability to use, Services, Software, or
Equipment provided by or through AT&T or
by any billing disputes under this Agreement,
including loss of business or goodwill,
revenue or profits, or claims of personal
injuries or death.
To the full extent allowed by law, You hereby
release, indemnify, and hold AT&T and its
officers, directors, employees and agents
harmless from and against any and all claims
of any person or entity for damages of any
nature arising in any way from or relating to,
directly or indirectly, service provided by
AT&T or any person's use thereof (including,
but not limited to, vehicular damage and
personal injury), INCLUDING CLAIMS
ARISING IN WHOLE OR IN PART FROM THE
ALLEGED NEGLIGENCE OF AT&T, or any
violation by You of this Agreement. This
obligation shall survive termination of Your
Service with AT&T. AT&T is not liable to You
for changes in operation, equipment, or
technology that cause your Equipment or
Software to be rendered obsolete or require
modification.
AT&T is not responsible for damages, and
disclaims any warranties, express or implied,
including but not limited to claims relating to
fall detection, GPS, water resistance, battery,
coverage of wireless service, or issues
related to emergency services dispatch.
In particular, AT&T does not manufacture
the Equipment provided to You and thus
provides no warranties, whether express or
implied, regarding Your Equipment.
SOME STATES, INCLUDING THE STATE
OF KANSAS, DON'T ALLOW DISCLAIMERS
OF IMPLIED WARRANTIES OR LIMITS ON
REMEDIES FOR BREACH. THEREFORE, THE
ABOVE LIMITATIONS OR EXCLUSIONS MAY
NOT APPLY TO YOU. THIS AGREEMENT
GIVES YOU SPECIFIC LEGAL RIGHTS, AND
YOU MAY HAVE OTHER RIGHTS WHICH VARY
FROM STATE TO STATE
20. INDEMNIFICATION.
IF ANYONE OTHER THAN YOU (INCLUDING
ANYONE WHO MAY USE THE AT&T
EVERTHERE DEVICE AND ACTIVATE
SERVICES), ASKS US TO PAY FOR ANY HARM
OR DAMAGES (INCLUDING PROPERTY
DAMAGE, PERSONAL INJURY OR DEATH,
OR INVASION OF PRIVACY OR ANY
SIMILAR TORT) CONNECTED WITH OR
RESULTING FROM (i) DEALER'S BREACH
OF THIS AGREEMENT OR A FAILURE OF
THE SERVICES, (ii) OUR NEGLIGENCE,
(iii) ANY OTHER IMPROPER OR CARELESS
ACTIVITY OF OURS IN PROVIDING THE
EVERTHERE DEVICE OR SERVICES, OR
(iv) A CLAIM FOR INDEMNIFICATION OR
CONTRIBUTION, YOU WILL PAY US (A) ANY
AMOUNT WHICH A COURT ORDERS US TO
PAY OR WHICH WE REASONABLY AGREE
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