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PARTY FOR ANY LOST PROFITS, LOSS OF DATA,
BUSINESS INTERRUPTION, OR OTHER INDIRECT,
CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES
OF ANY NATURE ARISING FROM OR RELATING TO
YOUR USE OF THE TIVO SERVICE OR USE OF THE TIVO
SERVICE THROUGH YOUR ACCOUNT BY ANYONE ELSE,
EVEN IF TIVO HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO CASE WILL TIVO'S TOTAL
CUMULATIVE LIABILITY TO YOU AND ANYONE WHO
USES THE TIVO SERVICE THROUGH YOUR ACCOUNT,
FOR ANY AND ALL CLAIMS UNDER ANY THEORY OF
LAW, EXCEED THE AGGREGATE AMOUNT YOU PAID TO
TIVO IN THE PRECEDING TWELVE MONTHS. YOU
UNDERSTAND THAT THESE LIMITATIONS OF TIVO'S
AND TIVO'S SUPPLIERS' LIABILITY ARE A
FUNDAMENTAL PART OF THIS LIMITED WARRANTY.
Some states do not allow the exclusion or limitation of incidental
or consequential damages, so the above limitation or exclusion
may not apply to you. Moreover, this paragraph does not limit
TiVo's obligation, if TiVo mistakenly or wrongfully overcharges
your account, to refund the amount of the overcharge.
!!
This agreement will be governed by the laws of
the State of California as such laws apply to agreements between
California residents performed entirely within California. If any
provision of this agreement is invalid or unenforceable under
applicable law, such provision will be deemed modified to the
extent necessary to render such provision valid and enforceable
and the other provisions of this agreement will remain in full force
and effect. The official text of this agreement or notice submitted
hereunder shall be in English. In the event any dispute concerning
the construction or meaning of this agreement, reference shall be
made only to this agreement as written in English and not to any
translation into another language. This document represents the
entire agreement governing your use of the TiVo Service and
supersedes any prior or contemporaneous written or oral
statements by TiVo or its representatives or resellers. TiVo's
failure to enforce any of the terms of this agreement shall not
constitute a waiver or relinquishment of TiVo's right to do so at
any time.
BY USING THE TIVO SERVICE, I REPRESENT THAT I
HAVE READ AND UNDERSTOOD THIS ENTIRE
AGREEMENT AND I AGREE TO ALL THE TERMS OF THIS
AGREEMENT AS STATED ABOVE.
,237$#5+
DIRECTV has a Service Agreement which applies to your receipt
of DIRECTV services. A copy of the DIRECTV Service
Agreement, which includes the DIRECTV privacy policy, will be
sent to you with your first DIRECTV billing statement.
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GC Viewer's Guide.book Page 133 Tuesday, March 13, 2001 8:59 AM