Motorola i500plus User Manual page 84

i500plus User's Guide
7. TAXES — Customer is responsible for all federal, state and local
taxes for fees which are computed in accordance with the appropriate
tax laws for Services.
8. LIMITATION AND CONDITION OF LIABILITY/INDEMNITY
— The Company's sole liability for Service disruption, whether
caused by the negligence of the Company or otherwise, is limited to a
credit allowance not exceeding an amount equal to the proportionate
charge to the Customer for the period of Service disruption. In no
event is the company or lessor liable for actual consequential or
special damages caused by its negligence or otherwise nor for
economic loss, personal injuries or property damages sustained by
customer or any third parties. Customer agrees to indemnify, defend
and hold Company harmless from any Customer violations of FCC
rules and regulations or Customer violation of any statutes, ordinances
or laws of any local, state or federal public authority.
9. NOTICE REGARDING USE OF SERVICE FOR 911 OR OTHER
EMERGENCY CALLS — The Service provider hereunder does not
interact with 911 and other emergency services in the same manner as
land line telephone service. Depending on the circumstances of a
particular call, the Service provided hereunder may not be able to
identify your location to emergency services and may not always be
connected to the appropriate emergency services provider. Customer
agrees to hold company harmless against any and all claims, demands,
actions or causes of action (including all actions by third parties)
arising out of the use or attempted use of the company's service to
access 911 or other emergency services.
10. NO WARRANTY (SERVICE) — Company makes no warranties,
express or implied, including without limitation, any implied warranty
of merchantability or fitness for a particular purpose to customer in
connection with its use of the service. In no event shall company be
liable for incidental or consequential damages to the full extent the
same may be disclaimed by law.
Customer acknowledges that service interruptions will occur from
time to time and agrees to hold company harmless for all such
interruptions.
11. NO WARRANTY (EQUIPMENT) — Company makes no
warranties or representations of any kind, statutory, expressed or
implied, to customer or any other purchaser of equipment activated on
the service. Without limiting the foregoing, company specifically
makes no express or implied warranties of merchantability or fitness
for a particular purpose. Customer hereby waives all other warranties,
guarantees, conditions or liabilities, express or implied, arising by law
or otherwise. In no event shall company be liable for consequential,
special or incidental damages, whether or not occasioned by company
negligence and including, without limitation, liability for any loss or
damage resulting from the interruption or failure in the operation of
any equipment activated on the service. There are no warranties which
extend beyond the description contained herein. Customer assumes
the entire risk as to the quality and performance of the equipment.
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