Consumer Cellular ALLY, Руководство пользователя

Страница: 24 / 39

44 45
properly for various reasons beyond
Numera’s control; accordingly, Numera
makes no guarantee or warranty,
including any implied warranty of
merchantability or fitness that the
Ally system supplied hereunder will
avert or prevent occurrences or the
consequences there from which they
are designed to detect and/or respond
to; (c) it is difficult if not impossible for
Numera to determine or control how
quickly and adequately police, fire,
paramedics, emergency personnel
or others may respond to an alarm
signal or dispatch. THEREFORE USER
AGREES THAT even if Numera should
be found liable for loss, damage or
injury due to a failure of service or
equipment in any respect, Numera’s
liability shall be limited to ten percent
(10%) of the annual fees paid by
User pursuant to these Terms of
Use or $500, whichever is greater,
as the agreed upon damages and
not as a penalty, as the exclusive
remedy, and that the provisions of this paragraph shall apply if loss, damage
or injury irrespective of cause or
origin, results directly or indirectly to
person or property from performance
or nonperformance of obligations
imposed by these Terms of Use or from
negligence, active or otherwise, of
Numera, its agents or employees.
INDEMNIFICATION
User agrees to indemnify and hold
harmless Numera, its officers, directors,
shareholders, agents, employees,
subsidiaries, parent and affiliate
corporations, against any and all liability,
claims, damages, suits, demands,
expenses, and costs (including but not
limited to court costs and reasonable
attorneys’ fees) of every kind arising
out of or in consequence of Numera’s
breach of these Terms of Use and/or
of the negligent errors and omissions,
and/or willful misconduct of Numera, its
agents, servants, and employees in the