Limitation of Liability.Except as otherwise provided in this section, our sole liability
to you for any loss or damage arising out of providing or failing to provide Services
(including mistakes, omissions, interruptions, delays, errors, or defects) does not
exceed (1) in cases related to a specific piece of equipment, the prorated MRC for
Services to the piece of equipment during the affected period, or (2) in cases not
related to a specific piece of equipment, the prorated MRCs for Services to you
during the affected period. Neither we nor our vendors, suppliers or licensors are
liable for any damage arising out of or in connection with:
a) any act or omission of any telecommunications service or other service
provider other than us;
b) any directory listing;
c) any dropped calls or inability to place or receive calls;
d) any interruption of Services, including interruptions caused by equipment or
facilities failure or shortages, transmission limitations or system capacity
limitations;
e) traffic or other accidents, or any health-related claims allegedly arising from the
use of Services, phones, equipment or accessories used in connection with the
Services;
f) the use of Wireless Web Services and Sprint PCS Vision applications and
services, including the accuracy or reliability of any information obtained from
the Internet using Wireless Web Services or from Voice Portal Services, Sprint PCS
Vision wireless services or Internet services, content or applications not
supported by Sprint PCS;
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 beyond 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.
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