User's Manual

g) any late or failed message delivery;
h) any interruption or failure of 911 or E911 emergency services or
identification of the Number, address or name associated with any
person accessing or attempting to access emergency services from your
phone;
i) the installation or repair of any products or equipment by parties who
are not our authorized employees or agents;
j) events due to factors bey ond our control, including acts of God
(including, without limitation, weather-related phenomena, fire or
earthquake), war, riot, strike, or orders of governmental authority;
k) any act or omission of any third party or independent contractor that
offers products or services in conjunction with or through the Services,
or
l) your negligent or intentional act or omission.
NO CONSEQUENTIAL OR OTHER DAMAGES
UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY
INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL
DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR
IN CONNECTION WITH PROVIDING OR FAILING TO PROVIDE
SERVICES, PHONES OR OTHER EQUIPMENT USED IN
CONNECTION WITH THE SERVICES, INCLUDING, WITHOUT
LIMITATION, LOST PROFITS, LOSS OF BUSINESS, OR COST OF
REPLACEMENT PRODUCTS AND SERVICES. THIS SECTION
SURVIVES TERMINATION OF THIS AGREEMENT.
Indemnification
You indemnify and defend us, our partners, directors, officers,
employees and agents from and against any claim, action, damage,
liability and expense arising out of or in connection with: (1) your acts
or omissions that occur in connection with your use of the Services or
equipment used in connection with the Services, and (2) any
communications you make or receive using the Services. This
indemnification extends to and includes any attorney's fees and costs
incurred by us arising from any actions or claims to which this
indemnification applies, or from the contesting of the applicability of
this provision. This section survives termination of this Agreement.
ARBITRATION OF DISPUTES
ANY CLAIM, CONTROVERSY OR DISPUTE, WHETHER SOUNDING
IN CONTRACT, STATUTE, OR TORT, INCLUDING FRAUD,
MISREPRESENTATION, OR ANY OTHER LEGAL THEORY,
RELATED DIRECTLY OR INDIRECTLY TO THE SERVICES,
WHETHER BETWEEN THE COMPANY AND THE CUSTOMER OR
BETWEEN THE COMPANY OR THE CUSTOMER, ON THE ONE
HAND, AND EMPLOYEES, AGENTS OR AFFILIATED BUSINESSES
OF THE OTHER PARTY, ON THE OTHER HAND, SHALL BE
RESOLVED BY ARBITRATION AS PRESCRIBED IN THIS SECTION.
THE FEDERAL ARBITRATION ACT, NOT STATE LAW, GOVERNS
THE QUESTION OF WHETHER A CLAIM IS SUBJECT TO
ARBITRATION.
A single arbitrator engaged in the practice of law will conduct the