90
What Is Not Covered:
This Limited Warranty provided by Verizon Online does not cover Prod-
ucts, which in Verizon Online’s sole discretion, have been subjected to abuse, accident,
alternation, modification, tampering, negligence, misuse, faulty installation, lack of reason-
able care, repair of service in any way that is not contemplated in the documentation for the
Product or if the model or serial number has been altered, tampered with, defaced or re-
moved; Initial installation, installation and removal of the Product for repair and shipping
cost; Operational adjustments covered in the operating manual for the Product and normal
maintenance; Damage that occurs in shipment, due to an act of God, failures due to power
surge and cosmetic damage; Any hardware, software, firmware or other products or services
provided by anyone other than Verizon Online; Products that have been purchased from other
than Verizon Online; Repair by any party other than Verizon Online or as directed by Verizon
Online will void this Limited Warranty.
Limitation of Liability:
TO THE MAXIMUM EXTENT
PERMITTED BY LAW, VERIZON ONLINE IS NOT LIABLE UNDER ANY CONTRACT, NEGLI-
GENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOSS OF
USE OF THE PRODUCT, INCONVENIENCE OR DAMAGES OF ANY CHARACTER, WHETHER
DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF GOODWILL, LOSS OF REVENUE OR PROFIT, WORK STOP-
PAGE, COMPUTER FAILURE OR MALFUNCTION, FAILURE OF OTHER EQUIPMENT OR
COMPUTER PROGRAMS TO WHICH THE PRODUCT IS CONNECTED WITH, LOSS OF
INFORMATION OR DATA CONTAINED IN, STORED ON OR INTEGRATED WITH ANY PROD-
UCT RETURNED TO VERIZON ONLINE FOR WARRANTY SERVICE) RESULTING FROM
THE USE OF THE PRODUCT RELATING TO WARRANTY SERVICE, OR ARISING OUT OF
ANY BREACH OF THIS LIMITED WARRANTY, EVEN IF VERIZON ONLINE HAS BEEN AD-
VISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SOLE REMEDY FOR A BREACH OF
THE FOREGOING LIMITED WARRANTY IS REPAIR, REPLACEMENT OR REFUND OF THE
DEFECTIVE OR NON-CONFORMING PRODUCT. THE MAXIMUM LIABILITY OF VERIZON
ONLINE UNDER THIS WARRANTY IS LIMITED TO THE PURCHASE PRICE OF THE PROD-
UCT COVERED BY THE WARRANTY.
THE FOREGOING EXPRESS WRITTEN WARRANTIES AND REMEDIES ARE EXCLUSIVE
AND ARE IN LIEU OF ANY OTHER WARRANTIES OR REMEDIES, EXPRESS, IMPLIED OR
STATUTORY.
Governing Law:
This Limited Warranty shall be governed by the laws of the State of New
York, without reference to its principles or conflicts of laws. CUSTOMER AND VERIZON
ONLINE CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A
COURT LOCATED IN NEW YORK COUNTY, NEW YORK, FOR ANY SUITS OR CAUSES OF
ACTION CONNECTED IN ANY WAY, Period”), provided that the Software is properly installed
on approved hardware and operated as contemplated in its documentation. Verizon Online
further passes on to Customer the warranty of the Licensor that, during the Software Warranty
Period, the magnetic media on which the Licensor delivers the Software will be free of
physical defects
