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Terms and Conditions & Warranty Information 139
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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
attorneys’ fees and costs incurred by us arising from any
actions or claims to which this indemnification applies, or
from the contesting 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,