4.8.4
Limits On Our Responsibility
a) DISCLAIMERS.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE MAKE NO WARRANTY
OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, REGARDING THE
RADIO SERVICE. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE
CONTENT AND FUNCTIONALITY OF THE SERVICE IS PROVIDED “AS IS”
WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. ALL
SUCH WARRANTIES OR REPRESENTATIONS (INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT) ARE
HEREBY DISCLAIMED.
b) LIMITATIONS OF LIABILITY.
WE ARE NOT RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OR LOSSES RELATING TO THE USE OF THE
RADIO SERVICE, WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
OUR TOTAL LIABILITY TO YOU AND ANY OTHER PERSONS RECEIVING
OUR SERVICES, REGARDLESS OF THE CAUSE, WILL IN NO EVENT EXCEED
THE AMOUNTS THAT YOU HAVE PAID TO US FOR THE SERVICE THAT YOU
RECEIVED DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO THE
SPECIFIC EVENT THAT GAVE RISE TO THE APPLICABLE DAMAGE OR LOSS.
THIS ALLOCATION OF RISK IS REFLECTED IN OUR PRICES. YOU MAY HAVE
GREATER RIGHTS THAN DESCRIBED ABOVE UNDER YOUR STATE’S LAWS.
