User's Manual

Secure Care Staff Pendant User Guide
3. Limitations of Liability
A. REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION, SECURE
CARE’S TOTAL LIABILITY TO ALL PERSONS, WHETHER SINGLY OR
TOGETHER, FOR ALL OCCURRENCES COMBINED, FOR CLAIMS,
COSTS, DAMAGES OR LIABILITIES BASED ON ANY CAUSE
WHATSOEVER AND ARISING FROM OR IN CONNECTION WITH THIS
PRODUCT, OR THE MANUFACTURE, DISTRIBUTION, PROMOTION,
SALE, INSTALLATION, SET-UP, TESTING, MAINTENANCE,
OPERATION, SERVICING, USE OR PERFORMANCE OF THIS PRODUCT,
SHALL NOT EXCEED THE AGGREGATE PRICE (WITHOUT INTEREST)
PAID FOR THIS PRODUCT.
B. IN NO EVENT SHALL SECURE CARE BE LIABLE TO ANYONE FOR
ANY LOSS OF DATA, LOSS OF PROFITS OR LOSS OF USE OF THIS
PRODUCT OR ANY EQUIPMENT, OR FOR ANY SPECIAL, INCIDENTAL,
CONSEQUENTIAL (AS FAR AS ALLOWED WITH RESPECT TO THE
IMPLIED WARRANTY OF MERCHANTABILITY, WHICH IS EXPRESSLY
DISCLAIMED IN SECTION 2.C, ABOVE), EXEMPLARY, PUNITIVE ,
MULTIPLE, OR OTHER DAMAGES, ARISING FROM OR IN
CONNECTION WITH THE MANUFACTURE, DISTRIBUTION,
PROMOTION, SALE, INSTALLATION, SET-UP, TESTING,
MAINTENANCE, OPERATION, SERVICING, USE OR PERFORMANCE OF
THIS PRODUCT OR FROM OR IN CONNECTION WITH ANY DELAY OR
FAILURE IN PROVIDING OR DELIVERING THIS PRODUCT.
C. IN NO EVENT SHALL SECURE CARE BE LIABLE TO ANYONE FOR
ANY CLAIMS, COSTS, DAMAGES OR LIABILITIES CAUSED BY: (i)
IMPROPER OR DEFECTIVE PROMOTION, DISTRIBUTION, SALE,
INSTALLATION, SET-UP, TESTING, MAINTENANCE OR REPAIR OF
THIS PRODUCT; (ii) IMPROPER OR DEFECTIVE OPERATION OR USE OF
THIS PRODUCT; OR (iii) DETERIORATION OF THIS PRODUCT DURING
STORAGE.
D. YOU AGREE TO INDEMNIFY AND HOLD SECURE CARE HARMLESS
FROM ALL CLAIMS, COSTS, DAMAGES AND LIABILITIES ASSERTED
BY ANYONE FOR ANY DAMAGES THAT ARE EXCLUDED AND
WAIVED, OR ARE INTENDED TO BE EXCLUDED AND WAIVED, BY
THIS SECTION 3, OR WHICH ARE IMPOSED BY LAW ON BEHALF OF
ANYONE BUT WHICH ARE NOT EXPRESSLY STATED IN THIS
EXPRESS LIMITED WARRANTY STATEMENT.
E. THE EXCLUSIONS, WAIVERS AND LIMITATIONS ON CLAIMS, COSTS,
DAMAGES AND LIABILITIES AND ANY RIGHTS OF
INDEMNIFICATION SET FORTH IN THIS SECTION 3 SHALL BE
ENFORCEABLE TO THE MAXIMUM EXTENT ALLOWED BY LAW AND
SHALL NOT BE EXPANDED OR NEGATED IN ANY RESPECT BY
SECURE CARE’S OPERATION OF A “HELP LINE” TO RECEIVE AND
RESPOND TO TELEPHONE OR DIAL-IN INQUIRES ABOUT THIS