Common use of Disclaimer of Liability for Damages Clause in Contracts

Disclaimer of Liability for Damages. THE TERM "10D" AS USED IN THIS SECTION SHALL MEAN 10D TELECOM, INC. AND ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, SERVANTS AND AGENTS AND ANY OTHER SERVICE PROVIDER THAT FURNISHES SERVICES OR DEVICES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE OR THE DEVICE. IN NO EVENT SHALL 10D BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF REVENUE OR PROFITS, RELATING TO OR ARISING OUT OF THE SERVICE, THE USE OF OR INABILITY TO USE THE SERVICE, THE ABSENCE, DELAY, FAILURE OR OUTAGE OF THE SERVICE, THE DEVICE, THE USE OF AND/OR INABILITY TO USE THE DEVICE, THE INSTALLATION OF THE DEVICE, AND/OR THIS AGREEMENT. NOR SHALL 10D BE LIABLE FOR ANY DELAY OR FAILURE TO PROVIDE THE SERVICE, AT ANY TIME OR FROM TIME TO TIME, OR FOR ANY INTERRUPTION OR DEGRADATION OF QUALITY CAUSED BY ANY REASON INCLUDING BUT NOT LIMITED TO THE FOLLOWING: AN ACT OR OMISSION OF AN UNDERLYING CARRIER, SERVICE PROVIDER, VENDOR OR THIRD PARTY, EQUIPMENT, NETWORK OR FACILITY FAILURE, EQUIPMENT, NETWORK OR FACILITY UPGRADE, SERVICE, MAINTENANCE, MODIFICATION, SHORTAGE, OR RELOCATION, FORCE MAJEURE EVENTS SUCH AS BUT NOT LIMITED TO ACTS OF GOD, ADVERSE WEATHER, STRIKES, FIRE, WAR, RIOT, GOVERNMENT ACTIONS OR TERRORISM, SERVICE, DEVICE, EQUIPMENT, NETWORK OR FACILITY FAILURE CAUSED BY THE LOSS OF POWER OR INTERNET SERVICE TO 10D OR CUSTOMER, AND ANY CAUSE THAT IS BEYOND 10D’S CONTROL, INCLUDING WITHOUT LIMITATION THE FAILURE OF AN INCOMING OR OUTGOING COMMUNICATION, OR THE INABILITY OF COMMUNICATIONS TO BE CONNECTED OR COMPLETED. 10D SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO 10D’S OR CUSTOMER’S TRANSMISSION FACILITIES OR PREMISES, EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER’S DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF 10D’S NEGLIGENCE OR OTHER ACTS OR OMISSIONS. 10D’S LIABILITY FOR ANY ACT OR OMISSION SHALL IN NO EVENT EXCEED THE SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD. THE LIMITATIONS SET FORTH HEREIN APPLY TO ALL CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT, AND ANY AND ALL OTHER THEORIES OF LIABILITY, AND APPLY WHETHER OR NOT 10D WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGE. FURTHER, YOU AGREE TO REIMBURSE 10D FOR ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS, INCLUDING ATTORNEYS’ FEES AND LITIGATION COSTS. THE PROVISIONS OF THIS SECTION SHALL BE APPLIED TO THE FULLEST EXTENT OF THE LAW, BUT IF ANY PORTION OF THIS SECTION IS DETERMINED TO BE UNLAWFUL, THEN THIS SECTION SHALL BE CONSTRUED TO LIMIT LIABILITY AGAINST 10D TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW. THIS SECTION SHALL SURVIVE THE AGREEMENT.

Disclaimer of Liability for Damages. THE TERM "10D" AS USED IN THIS SECTION SHALL MEAN 10D TELECOMNO EVENT WILL XXXXX.XX, INC. AND ITS AFFILIATESOWNERS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, DIRECTORSINDEPENDENT CONTRACTORS, OFFICERS, SERVANTS AND AFFILIATES OR AGENTS AND OR ANY OTHER SERVICE PROVIDER THAT WHO FURNISHES SERVICES OR DEVICES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE AND EQUIPMENT THAT IS THE SUBJECT OF THIS OR THE DEVICE. IN NO EVENT SHALL 10D ANY OTHER AGREEMENT BETWEEN XXXXX.XX AND YOU BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES FOR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, RELATING TO OR DAMAGES ARISING OUT OF THE SERVICE, OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICESERVICE OR EQUIPMENT, THE ABSENCE, DELAY, FAILURE OR OUTAGE OF THE SERVICE, THE DEVICE, THE USE OF AND/OR INCLUDING INABILITY TO USE ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE DEVICE, THE INSTALLATION OF THE DEVICE, AND/911 DIALING SERVICE OR THIS AGREEMENT. NOR SHALL 10D BE LIABLE FOR ANY DELAY OR FAILURE TO PROVIDE THE SERVICE, AT ANY TIME OR FROM TIME TO TIME, OR FOR ANY INTERRUPTION OR DEGRADATION OF QUALITY OBTAIN EMERGENCY HELP UNLESS CAUSED BY ANY REASON INCLUDING BUT NOT LIMITED TO THE FOLLOWING: AN ACT OR OMISSION OF AN UNDERLYING CARRIER, SERVICE PROVIDER, VENDOR OR THIRD PARTY, EQUIPMENT, NETWORK OR FACILITY FAILURE, EQUIPMENT, NETWORK OR FACILITY UPGRADE, SERVICE, MAINTENANCE, MODIFICATION, SHORTAGE, OR RELOCATION, FORCE MAJEURE EVENTS SUCH AS BUT NOT LIMITED TO ACTS OF GOD, ADVERSE WEATHER, STRIKES, FIRE, WAR, RIOT, GOVERNMENT ACTIONS OR TERRORISM, SERVICE, DEVICE, EQUIPMENT, NETWORK OR FACILITY FAILURE CAUSED BY THE LOSS OF POWER OR INTERNET SERVICE TO 10D OR CUSTOMER, AND ANY CAUSE THAT IS BEYOND 10DXXXXX.XX’S CONTROL, INCLUDING WITHOUT LIMITATION THE FAILURE OF AN INCOMING OR OUTGOING COMMUNICATION, OR THE INABILITY OF COMMUNICATIONS TO BE CONNECTED OR COMPLETED. 10D SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO 10D’S OR CUSTOMER’S TRANSMISSION FACILITIES OR PREMISES, EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER’S DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF 10D’S GROSS NEGLIGENCE OR OTHER ACTS OR OMISSIONS. 10D’S LIABILITY FOR ANY ACT OR OMISSION SHALL IN NO EVENT EXCEED THE SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIODINTENTIONAL MISCONDUCT. THE LIMITATIONS SET FORTH HEREIN APPLY TO ALL CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY, LIABILITY AND APPLY WHETHER OR NOT 10D WAS XXXXX.XX OR ITS AGENTS WERE INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGE. FURTHER, YOU AGREE TO REIMBURSE 10D FOR ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS, INCLUDING ATTORNEYS’ FEES AND LITIGATION COSTS. THE PROVISIONS OF THIS SECTION SHALL BE APPLIED TO THE FULLEST EXTENT OF THE LAW, BUT IF ANY PORTION OF THIS SECTION IS DETERMINED TO BE UNLAWFUL, THEN THIS SECTION SHALL BE CONSTRUED TO LIMIT LIABILITY AGAINST 10D TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW. THIS SECTION SHALL SURVIVE THE AGREEMENTDAMAGES.

Disclaimer of Liability for Damages. THE TERM "10D" AS USED IN THIS SECTION SHALL MEAN 10D TELECOMNO EVENT WILL JABO, INC. AND ITS AFFILIATESOFFICERS, DIRECTORS, EMPLOYEES, DIRECTORSMANAGERS, OFFICERSMEMBERS, SERVANTS AND AFFILIATES OR AGENTS AND OR ANY OTHER SERVICE PROVIDER THAT WHO FURNISHES SERVICES OR DEVICES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE OR THE DEVICE. IN NO EVENT SHALL 10D BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES FOR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, RELATING TO OR DAMAGES ARISING OUT OF THE SERVICE, OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICE, THE ABSENCE, DELAY, FAILURE OR OUTAGE OF THE SERVICE, THE DEVICE, THE USE OF AND/OR INCLUDING INABILITY TO USE ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE DEVICE, THE INSTALLATION OF THE DEVICE, AND/911 DIALING SERVICE OR THIS AGREEMENT. NOR SHALL 10D BE LIABLE FOR ANY DELAY OR FAILURE TO PROVIDE THE SERVICE, AT ANY TIME OR FROM TIME TO TIME, OR FOR ANY INTERRUPTION OR DEGRADATION OF QUALITY CAUSED BY ANY REASON INCLUDING BUT NOT LIMITED TO THE FOLLOWING: AN ACT OR OMISSION OF AN UNDERLYING CARRIER, SERVICE PROVIDER, VENDOR OR THIRD PARTY, EQUIPMENT, NETWORK OR FACILITY FAILURE, EQUIPMENT, NETWORK OR FACILITY UPGRADE, SERVICE, MAINTENANCE, MODIFICATION, SHORTAGE, OR RELOCATION, FORCE MAJEURE EVENTS SUCH AS BUT NOT LIMITED TO ACTS OF GOD, ADVERSE WEATHER, STRIKES, FIRE, WAR, RIOT, GOVERNMENT ACTIONS OR TERRORISM, SERVICE, DEVICE, EQUIPMENT, NETWORK OR FACILITY FAILURE CAUSED BY THE LOSS OF POWER OR INTERNET SERVICE TO 10D OR CUSTOMER, AND ANY CAUSE THAT IS BEYOND 10D’S CONTROL, INCLUDING WITHOUT LIMITATION THE FAILURE OF AN INCOMING OR OUTGOING COMMUNICATION, OR THE INABILITY OF COMMUNICATIONS TO BE CONNECTED OR COMPLETED. 10D SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO 10D’S OR CUSTOMER’S TRANSMISSION FACILITIES OR PREMISES, EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER’S DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF 10D’S NEGLIGENCE OR OTHER ACTS OR OMISSIONS. 10D’S LIABILITY FOR ANY ACT OR OMISSION SHALL IN NO EVENT EXCEED THE SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIODOBTAIN EMERGENCY HELP. THE LIMITATIONS SET FORTH HEREIN APPLY TO ALL CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY, LIABILITY AND APPLY WHETHER OR NOT 10D WAS WE WERE INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGEDAMAGES. FURTHER, YOU AGREE THE LIMITATION(S) HEREIN APPLY TO REIMBURSE 10D FOR ALL COSTS CAUSES OF ACTIONS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS, INCLUDING ATTORNEYS’ FEES WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND LITIGATION COSTSOTHER CLAIMS BASED IN TORT AND/OR CONTRACT. CUSTOMER ACKNOWLEDGES, ACCEPTS AND AGREES TO THE REASONABLENESS OF THE PROVISIONS OF THIS SECTION SHALL BE APPLIED TO THE FULLEST EXTENT OF THE LAW, BUT IF ANY PORTION OF THIS SECTION IS DETERMINED TO BE UNLAWFUL, THEN THIS SECTION SHALL BE CONSTRUED TO LIMIT LIABILITY AGAINST 10D TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW. THIS SECTION SHALL SURVIVE THE AGREEMENTTHESE LIMITATIONS AS AGREED HEREIN.

Disclaimer of Liability for Damages. THE TERM "10D" AS USED IN THIS SECTION SHALL MEAN 10D TELECOMNO EVENT WILL HPMA SOLUTIONS, INC. AND ITS AFFILIATESOWNERS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, DIRECTORSINDEPENDENT CONTRACTORS, OFFICERS, SERVANTS AND AFFILIATES OR AGENTS AND OR ANY OTHER SERVICE PROVIDER THAT WHO FURNISHES SERVICES OR DEVICES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE AND EQUIPMENT THAT IS THE SUBJECT OF THIS OR THE DEVICE. IN NO EVENT SHALL 10D ANY OTHER AGREEMENT BETWEEN HPMA SOLUTIONS AND YOU BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES FOR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, RELATING TO OR DAMAGES ARISING OUT OF THE SERVICE, OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICESERVICE OR EQUIPMENT, THE ABSENCE, DELAY, FAILURE OR OUTAGE OF THE SERVICE, THE DEVICE, THE USE OF AND/OR INCLUDING INABILITY TO USE ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE DEVICE, THE INSTALLATION OF THE DEVICE, AND/911 DIALING SERVICE OR THIS AGREEMENT. NOR SHALL 10D BE LIABLE FOR ANY DELAY OR FAILURE TO PROVIDE THE SERVICE, AT ANY TIME OR FROM TIME TO TIME, OR FOR ANY INTERRUPTION OR DEGRADATION OF QUALITY OBTAIN EMERGENCY HELP UNLESS CAUSED BY ANY REASON INCLUDING BUT NOT LIMITED TO THE FOLLOWING: AN ACT OR OMISSION OF AN UNDERLYING CARRIER, SERVICE PROVIDER, VENDOR OR THIRD PARTY, EQUIPMENT, NETWORK OR FACILITY FAILURE, EQUIPMENT, NETWORK OR FACILITY UPGRADE, SERVICE, MAINTENANCE, MODIFICATION, SHORTAGE, OR RELOCATION, FORCE MAJEURE EVENTS SUCH AS BUT NOT LIMITED TO ACTS OF GOD, ADVERSE WEATHER, STRIKES, FIRE, WAR, RIOT, GOVERNMENT ACTIONS OR TERRORISM, SERVICE, DEVICE, EQUIPMENT, NETWORK OR FACILITY FAILURE CAUSED BY THE LOSS OF POWER OR INTERNET SERVICE TO 10D OR CUSTOMER, AND ANY CAUSE THAT IS BEYOND 10DHPMA SOLUTIONS’S CONTROL, INCLUDING WITHOUT LIMITATION THE FAILURE OF AN INCOMING OR OUTGOING COMMUNICATION, OR THE INABILITY OF COMMUNICATIONS TO BE CONNECTED OR COMPLETED. 10D SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO 10D’S OR CUSTOMER’S TRANSMISSION FACILITIES OR PREMISES, EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER’S DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF 10D’S GROSS NEGLIGENCE OR OTHER ACTS OR OMISSIONS. 10D’S LIABILITY FOR ANY ACT OR OMISSION SHALL IN NO EVENT EXCEED THE SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIODINTENTIONAL MISCONDUCT. THE LIMITATIONS SET FORTH HEREIN APPLY TO ALL CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY, LIABILITY AND APPLY WHETHER OR NOT 10D WAS HPMA SOLUTIONS OR ITS AGENTS WERE INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGE. FURTHER, YOU AGREE TO REIMBURSE 10D FOR ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS, INCLUDING ATTORNEYS’ FEES AND LITIGATION COSTS. THE PROVISIONS OF THIS SECTION SHALL BE APPLIED TO THE FULLEST EXTENT OF THE LAW, BUT IF ANY PORTION OF THIS SECTION IS DETERMINED TO BE UNLAWFUL, THEN THIS SECTION SHALL BE CONSTRUED TO LIMIT LIABILITY AGAINST 10D TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW. THIS SECTION SHALL SURVIVE THE AGREEMENTDAMAGES.

Disclaimer of Liability for Damages. THE TERM "10D" AS USED IN THIS SECTION SHALL MEAN 10D TELECOMNO EVENT WILL CROSSWIND, INC. AND ITS AFFILIATESMEMBERS, MANAGERS, EMPLOYEES, DIRECTORS, OFFICERS, SERVANTS AND AFFILIATES OR AGENTS AND OR ANY OTHER SERVICE PROVIDER THAT WHO FURNISHES SERVICES OR DEVICES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE OR THE DEVICE. IN NO EVENT SHALL 10D BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES FOR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, RELATING TO OR DAMAGES ARISING OUT OF THE SERVICE, OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICE, THE ABSENCE, DELAY, FAILURE OR OUTAGE OF THE SERVICE, THE DEVICE, THE USE OF AND/OR INCLUDING INABILITY TO USE ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE DEVICE, THE INSTALLATION OF THE DEVICE, AND/911 OR THIS AGREEMENT. NOR SHALL 10D BE LIABLE FOR ANY DELAY E-911 DIALING SERVICE OR FAILURE TO PROVIDE THE SERVICE, AT ANY TIME OR FROM TIME TO TIME, OR FOR ANY INTERRUPTION OR DEGRADATION OF QUALITY CAUSED BY ANY REASON INCLUDING BUT NOT LIMITED TO THE FOLLOWING: AN ACT OR OMISSION OF AN UNDERLYING CARRIER, SERVICE PROVIDER, VENDOR OR THIRD PARTY, EQUIPMENT, NETWORK OR FACILITY FAILURE, EQUIPMENT, NETWORK OR FACILITY UPGRADE, SERVICE, MAINTENANCE, MODIFICATION, SHORTAGE, OR RELOCATION, FORCE MAJEURE EVENTS SUCH AS BUT NOT LIMITED TO ACTS OF GOD, ADVERSE WEATHER, STRIKES, FIRE, WAR, RIOT, GOVERNMENT ACTIONS OR TERRORISM, SERVICE, DEVICE, EQUIPMENT, NETWORK OR FACILITY FAILURE CAUSED BY THE LOSS OF POWER OR INTERNET SERVICE TO 10D OR CUSTOMER, AND ANY CAUSE THAT IS BEYOND 10D’S CONTROL, INCLUDING WITHOUT LIMITATION THE FAILURE OF AN INCOMING OR OUTGOING COMMUNICATION, OR THE INABILITY OF COMMUNICATIONS TO BE CONNECTED OR COMPLETED. 10D SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO 10D’S OR CUSTOMER’S TRANSMISSION FACILITIES OR PREMISES, EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER’S DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF 10D’S NEGLIGENCE OR OTHER ACTS OR OMISSIONS. 10D’S LIABILITY FOR ANY ACT OR OMISSION SHALL IN NO EVENT EXCEED THE SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIODOBTAIN EMERGENCY HELP. THE LIMITATIONS SET FORTH HEREIN APPLY TO ALL CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY, LIABILITY AND APPLY WHETHER OR NOT 10D WAS WE WERE INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGEDAMAGES. FURTHER, YOU AGREE THE LIMITATION(S) HEREIN APPLY TO REIMBURSE 10D FOR ALL COSTS CAUSES OF ACTIONS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS, INCLUDING ATTORNEYS’ FEES WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND LITIGATION COSTSOTHER CLAIMS BASED IN TORT AND/OR CONTRACT. CUSTOMER ACKNOWLEDGES, ACCEPTS AND AGREES TO THE REASONABLENESS OF THE PROVISIONS OF THIS SECTION SHALL BE APPLIED TO THE FULLEST EXTENT OF THE LAW, BUT IF ANY PORTION OF THIS SECTION IS DETERMINED TO BE UNLAWFUL, THEN THIS SECTION SHALL BE CONSTRUED TO LIMIT LIABILITY AGAINST 10D TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW. THIS SECTION SHALL SURVIVE THE AGREEMENTTHESE LIMITATIONS AS AGREED HEREIN.