MTC Cablephone, User Manual

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10). Disclaimer of Warranty; Limitation of Liability
a). EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT,
OPERATOR AND UNDERLYING PROVIDERS MAKE NO
WARRANTIES OR REPRESENTATIONS, EXPRESS OR
IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW,
STATUTORY OR OTHERWISE, INCLUDING WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
USE OR PURPOSE; WARRANTIES AGAINST INFRINGE­
MENTS; AND WARRANTIES ARISING BY TRADE CUSTOM,
TRADE USAGE, OR COURSE OF DEALING; OR OTHER­
WISE. OPERATOR AND UNDERLYING PROVIDERS DIS­
CLAIM ALL SUCH WARRANTIES. SUBSCRIBER AGREES
FOR HIMSELF AND ANY OTHER PERSON WHO MAY USE
THE SERVICE THAT ALL USE OF THE SERVICE IS AT SUB­
SCRIBER'S SOLE RISK.
b). Without Limiting, and in addition to the Foregoing: Operator
makes no warranties or representations as to the security of
Subscriber's Communications via Operator's facilities or the
Service, or through the Service to the Internet, or that third par­
ties will not gain unauthorized access to or monitor Subscribers
computers or phone communications. Subscriber agrees that
Operator shall have no liability of any nature for any such
unauthorized access. Subscriber has the sole responsibility to
secure Subscriber's computer and phone communications.
c).
Operator will compensate Subscriber for a service interruption
only if Service fails completely because of technical malfunc­
tion (e.g. network outage, prolonged power failure) for four (4)
or more consecutive hours. In that case, Subscriber's sole rem­
edy, available upon request, will be limited to a prorated credit
against the net monthly recurring charge ( exclusive of nonre­
curring charges, other one-time charges, per call charges, reg­
ulatory fees, taxes, and surcharges).To qualify, Subscriber
must request the credit from Operator within thirty (30 days of
the failure. Credits will be applied only against current and
future fees payable by Subscriber for the Service. Any credits
provided by Operator in no event shall constitute or be con­
strued as a course of conduct by Operator.
d). Notwithstanding anything to the contrary in the Agreement,
Subscriber acknowledges and understands that Operator may
use third parties to provide components of the Service, includ­
ing without limitation their service, equipment, and infrastruc­
ture. Operator is not responsible for the performance (or non­
performance) of any third party provider's service, equipment,
or infrastructure, whether or not they constitute components of
the Service.
e). Subscriber understands that the installation, use, inspection,
maintenance, repair, replacement, or removal of the Service,
equipment, or software, may result in damage to Subscriber's
computer, or other hardware, including software and data files
stored thereon. Operator shall have no liability for any damage
to or loss or destruction of any Subscriber equipment, software,
hardware, data, or files.
f). Except in the case of gross negligence or willful misconduct,
neither Operator nor any person or entity involved in providing
the Service or equipment shall have any liability of any nature
for any direct, indirect, incidental, special, consequential puni­
tive or other types of damages arising out of the use of or
inability to use the Service, including the use or inability to
access emergency 911 services and alarm monitoring services;
any action to protect the Service; the Breach of any warranty or
representation; or the furnishing of information (or failure to fur­
nish information) regarding telephone numbers of the Service.
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