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l) any act or omission of any third party or independent
contractor that offers products or services in conjunction with
or through the Services, or
m) 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, or (2) any communications you make or receive
using the Services. This indemnification extends to and
includes any attorneys’ fees and costs incurred by us arising
from any actions or claims to which this indemnification
applies, or from contesting the applicability of this provision.
This section survives termination of this Agreement.
DISCLAIMER OF WARRANTIES. WE MAKE NO EXPRESS
REPRESENTATIONS OR WARRANTIES ABOUT OUR
SERVICES AND DISCLAIM ANY IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR