Disclaimer of warranties – Sprint Nextel 595U User Manual

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cooperate if we choose to investigate the matter (provide facts, sworn
statements, etc.). We may not waive any Early Termination Fees if you choose to
terminate Services as a result of loss or theft of your Device.

Disclaimer of Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING (TO THE EXTENT ALLOWED BY LAW) ANY IMPLIED WARRANTY OF
MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR
PURPOSE CONCERNING YOUR SERVICES (INCLUDING YOUR DEVICE). WE DON’T
PROMISE UNINTERRUPTED OR ERROR-FREE SERVICES AND DON’T AUTHORIZE
ANYONE TO MAKE WARRANTIES ON OUR BEHALF.

You Agree We Are Not Responsible For Certain Problems

You agree that neither we nor our vendors, suppliers or licensors are responsible
for any damages resulting from: (a) anything done or not done by someone else;
(b) providing or failing to provide Services, including, but not limited to,
deficiencies or problems with a Device or network coverage (for example,
dropped, blocked, interrupted calls/messages, etc.); (c) traffic or other accidents,
or any health-related claims relating to our Services; (d) Data Content or
information accessed while using our Services; (e) an interruption or failure in
accessing or attempting to access emergency services from a Device, including
through 911, Enhanced 911 or otherwise; (f) interrupted, failed, or inaccurate
location information services, (g) information or communication that is blocked
by a spam filter, or (h) things beyond our control, including acts of God (for
example, weather-related phenomena, fire, earthquake, hurricane, etc.), riot,
strike, war, terrorism or government orders or acts.

You Agree Our Liability Is Limited - No Consequential Damages.

TO THE EXTENT ALLOWED BY LAW, OUR LIABILITY FOR MONETARY DAMAGES FOR
ANY CLAIMS YOU MAY HAVE AGAINST US IS LIMITED TO NO MORE THAN THE
PROPORTIONATE AMOUNT OF THE SERVICE CHARGES ATTRIBUTABLE TO THE
AFFECTED PERIOD. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY
INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE
WHATSOEVER ARISING OUT OF OR RELATED TO PROVIDING OR FAILING TO
PROVIDE SERVICES IN CONNECTION WITH A DEVICE, INCLUDING, BUT NOT
LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT
PRODUCTS AND SERVICES.