Disclaimer of Warranties
You’re using Internet Cable TV Services at your own risk. Unless expressly set out in this Agreement, Internet Cable TV Services are provided on an “as is” and “as available” basis, without warranties or guarantees of any kind. To the greatest extent permitted by law, Internet Cable TV (including our past, present, and future parents, subsidiaries, affiliates, related entities, as well as Internet Cable TV’s and all of those entities’ officers, agents, employees, licensors, predecessors in interest, successors, and assigns) expressly disclaims all warranties of any kind, whether oral, express, implied, or statutory, including but not limited to the implied warranties of title, merchantability, fitness for a particular purpose, non-infringement, and any warranties implied by a course of performance, course of dealing, or usage of trade. No one is authorized to make warranties on our behalf. We do not guarantee that Internet Cable TV Services will meet your requirements, be of a particular quality or speed, or will be uninterrupted, accurate, secure, maintained, and kept free from viruses or other harmful components. There is no security or protection guarantee against unauthorized access to your Internet Cable TV Services, personal information, or Internet Cable TV Account. We do not guarantee that Internet Cable TV Services are suitable for use in situations in which absolutely accurate data transmission or security is required or that could result in personal injury, property damage, or financial loss. We also do not guarantee that Internet Cable TV Services will be interoperable with your hardware or software and that incompatibility won’t lead to damage or loss of data.
Disclaimer of Warranties:
Unless prohibited by law, the following limitations of liability apply in addition to the disclaimers in Section 1.6. We and our predecessors in interest, successors, and assigns, as well as our past, present and future subsidiaries, affiliates, related entities, and each of those entities’ officers, agents, employees, and licensors make no warranty, express or implied, of merchantability or fitness for a particular purpose, suitability, accuracy, security, or performance regarding any Device, Wireless Service, Software or applications. Because of inherent limitations in wireless communications, and because we cannot control your choice or use of wireless Devices, to the maximum extent permitted by law, in no event will Internet Cable TV be liable, for any:
• act or omission of a third party we do not control;
• damage or injury caused by third party information, applications or content (e.g. apps, games, etc.) preloaded, accessible, or used through your Device;
• damage or injury caused by interruptions, failures to transmit, or delays in the Wireless Service provided by or through us;
• damage or injury caused by your use of Wireless Service provided by us while you are operating a vehicle;
• claims against you by third parties;
• unauthorized access to your Device, Wireless Service, or Internet Cable TV Account;
• damage or injury caused by a suspension or termination of Wireless Service by Internet Cable TV; or
• damage or injury caused by failure or delay in connecting a call to 911 or any other emergency service.
Disclaimer of Warranties:
The condition of the IW over which your Internet Service is transmitted within your premises will impact the performance of the Internet Service, including with respect to speed, reliability, and latency. You are solely responsible for the condition of any IW and Internet Cable TV expressly disclaims any responsibility for it. If IW is provided by Internet Cable TV, upon completion of installation you will have full ownership and responsibility for that IW. Regardless of whether you or Internet Cable TV provides or installs IW, to the greatest extent permitted by applicable law, Internet Cable TV makes no warranty to you or any other party for any work or materials constituting or associated with IW. Internet Cable TV expressly disclaims any warranty of merchantability or fitness for a particular use, and Internet Cable TV has no responsibility to maintain, update, repair, replace, de-install, or remove any installed IW.
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