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e) traffic or other accidents, or any health-related claims allegedly arising from the
use of Services, phones, equipment or accessories used in connection with the
Services;
f) the use of Wireless Web Services and PCS Vision applications and services,
including the accuracy or reliability of any information obtained from the Internet
using Wireless Web Services or from Voice Portal Services, PCS Vision wireless
services or Internet services, content or applications not supported by Sprint PCS;
g) any late or failed message delivery;
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 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.
Indemnification.You indemnify and defend us, our partners,directors, officers,
employees and agents from and against any claim, action, damage, 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 communications you make or receive using the Services.
This indemnification extends to and includes any attorney's fees and costs incurred
by us arising from any actions or claims to which this indemnification applies, or
from the contesting of the applicability of this provision. This section survives
termination of this Agreement.
Section 7: Terms & Conditions / Warranty 76