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Section 5B: Terms and Conditions 107
with all devices. If you have a TTY-capable device, it may not
function effectively, or at all, when attempting 911 calls and
should not be relied on for such calls.
Disclaimer of Warranties. WE MAKE NO REPRESENTATIONS OF
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (TO THE EXTENT
ALLOWED BY LAW) ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
CONCERNING YOUR SERVICES OR WIRELESS DEVICE. WE DO NOT
PROMISE UNINTERRUPTED OR ERROR-FREE SERVICES AND YOU
AGREE TO HOLD US HARMLESS FOR ALL SUCH PROBLEMS.
Limitation of Liability. Neither we nor our vendors, suppliers or
licensors are liable for any damages arising out of or in connection
with any: (a) act or omission by your, or another person or
company; (b) providing or failing to provide Services, including
deficiencies or problems with your wireless device, our network
coverage or Services (e.g., dropped, blocked, interrupted calls/
messages, etc.); (c) traffic or other accidents, or any health-related
claims allegedly arising from the use of Services, any wireless
devices or related accessories; (d) content or information accessed
while using our Services, such as through the internet; (e)
interruption or failure in accessing or attempting to access
emergency services from your phone, including through 911, E911
or otherwise; or (f) 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. In the event we are found to be
responsible to you for monetary damages relating to the Services
(including wireless devices), you agree that any such damages will
not exceed the pro-rated monthly recurring charge for your
Services during the affected period.
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