Applicability and Exceptions. The foregoing exclusions or limitations of liability apply regardless of any allegation or finding that a remedy failed of its essential purpose, regardless of the form of action or theory of liability (including, without limitation, negligence) and even if Service Provider or others were advised or aware of the possibility or likelihood of such damages or liability. The foregoing shall not apply in states where such exclusions are prohibited. In addition, these exclusions and limitations do not apply to your purchase of the Equipment, which is governed by your purchase agreement or other documents evidencing such sale, including any limited warranty offered by Service Provider.
Appears in 2 contracts
Samples: Wirehand Customer Agreement, Wirehand
Applicability and Exceptions. The foregoing exclusions or limitations of liability apply regardless of any allegation or finding that a remedy failed of its essential purpose, regardless of the form of action or theory of liability (including, without limitation, negligence) and even if Service Provider DISH or ViaSat or others were advised or aware of the possibility or likelihood of such damages or liability. The foregoing shall not apply in states where such exclusions are prohibited. In addition, these exclusions and limitations do not apply to your purchase of with respect to the Equipment, which is governed by your purchase agreement or other documents evidencing such sale, including any limited warranty offered by Service Provideror service plan(s) (if any) you may have with DISH in connection with the Service.
Appears in 2 contracts
Samples: Internet Upgrade Agreement, Internet Agreement
Applicability and Exceptions. The foregoing exclusions or limitations of liability apply regardless of any allegation or finding that a remedy failed of its essential purpose, regardless of the form of action or theory of liability (including, without limitation, negligence) and even if Service Provider , ViaSat or others were advised or aware of the possibility or likelihood of such damages or liability. The foregoing shall not apply in states where such exclusions are prohibited. In addition, these exclusions and limitations do not apply to your purchase of the your ViaSat Equipment, which is governed by your purchase agreement or other documents evidencing such sale, including any limited warranty offered by Service Provider.
Appears in 2 contracts
Samples: Ustomer Agreement, Customer Agreement
Applicability and Exceptions. The foregoing exclusions or limitations of liability apply regardless of any allegation or finding that a remedy failed of its essential purpose, regardless of the form of action or theory of liability (including, without limitation, negligence) and even if Service Provider , Xxxxxxx Communication Co. or others were advised or aware of the possibility or likelihood of such damages or liability. The foregoing shall not apply in states where such exclusions are prohibited. In addition, these exclusions and limitations do not apply to your purchase lease of the your Wireless Equipment, which is governed by your purchase agreement or other documents evidencing such sale, including any limited warranty offered by Service Provider.
Appears in 1 contract
Samples: Customer Agreement
Applicability and Exceptions. The foregoing exclusions or limitations of liability apply regardless of any allegation or finding that a remedy failed of its essential purpose, regardless of the form of action or theory of liability (including, without limitation, negligence) and even if Service Provider DISH or WildBlue or others were advised or aware of the possibility or likelihood of such damages or liability. The foregoing shall not apply in states where such exclusions are prohibited. In addition, these exclusions and limitations do not apply to your purchase of with respect to the Equipment, which is governed by your purchase agreement or other documents evidencing such sale, including any limited warranty offered by Service Provideror service plan(s) (if any) you may have with DISH in connection with the Service.
Appears in 1 contract
Samples: Internet Plan Agreement