Palm VIIX, Handbook

Page: 290 / 310

Page 282
9. Limitation Of Liability For The Service.
9.1
Palm, Inc.
shall not be liable for any loss, injury, claim, liability or damage of any
kind resulting in any way from (i) your use of the Service, (ii) your use of any equip-
ment in connection with the Service, or (iii) the content of materials included with or ac-
cessed via use of the Service, or (iv) any goods or services purchased through the
Service. Neither
Palm, Inc.
nor any Wireless Service Providers shall have any liability of
any kind, direct or indirect, to you for any damages other than actual damages directly
or proximately resulting from the failure, delay, or nonperformance of the Service. The
limitations stated in this Section 9 (“Limitation of Liability”) also apply to Venue Hosts
and Wireless Service Providers.
9.2 PALM, INC., WIRELESS SERVICE PROVIDERS AND/OR PALM, INC.’S LI-
CENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT,
TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, RESULT-
ING FROM THE USE OR THE INABILITY TO USE THE SERVICE, RELATED FACIL-
ITIES, EQUIPMENT OR SOFTWARE, EITHER SEPARATELY OR IN COMBINATION
WITH ANY OTHER SERVICES, FACILITIES, EQUIPMENT, OR SOFTWARE,
WHETHER OR NOT PERFORMED OR PROVIDED UNDER THIS AGREEMENT, OR
FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RE-
SULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SER-
VICE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAG-
ES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF PALM,
INC., WIRELESS SERVICE PROVIDERS AND/OR PALM, INC.’S LICENSORS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.3 NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT,
THE MAXIMUM LIABILITY OF PALM, INC. FOR DAMAGES HEREUNDER SHALL
NOT EXCEED $100.00 AND THE MAXIMUM COLLECTIVE LIABILITY OF PALM,
INC. AND WIRELESS SERVICE PROVIDERS FOR ACTUAL DAMAGES DIRECTLY
AND PROXIMATELY RESULTING FROM THE FAILURE, DELAY, OR NONPER-
FORMANCE OF THE SERVICE HEREUNDER SHALL BE LIMITED SOLELY TO THE
AMOUNT PAID BY YOU TO PALM, INC. FOR THE SERVICE DURING SUCH PERI-
OD OF FAILURE, DELAY, OR NONPERFORMANCE.
9.4 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLU-
SION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO
SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Third Party Rights. The provisions of this Agreement are for the benefit of Palm,
Inc.
, Venue Hosts, and their respective licensors. Each of these individuals or entities
shall have the right to assert and enforce this Agreement on its own behalf.
11. Messaging Service Terms and Conditions.