Common use of LIMITATION OF LIABILITY AND EXCLUSIONS Clause in Contracts

LIMITATION OF LIABILITY AND EXCLUSIONS. This Plan does not cover the following: a) Products owned by a Subscriber with a billing address or service address outside any state or territory of the United States or the District of Columbia. b) Any and all pre-existing conditions or defects that exist before the effective date of this Plan; c) Products with altered or removed serial numbers; d) Products used for rental purposes; e) Any failure resulting from any cause other than normal use and operation of the Covered Device in accordance with the manufacturer’s specifications and owner’s manual, including, without limitation, damages or injury caused in whole or in part by acts of God, theft, loss, neglect, abuse, intentional misuse, negligence, mishandling, misuse, vandalism, insects, vermin, wild animals, power failure, power surge, power reduction, software viruses or exposure to weather conditions, including exposure to extreme changes in temperature or humidity; f) Damage that is cosmetic in nature, including but not limited to scratches, tears, dents and broken plastic on parts when the damage does not otherwise affect or impede its functionality or materially impair Your use of the Covered Device/Enrolled Device/Protected Device; g) Preventative maintenance; h) Batteries, chargers and car kits; i) Data lost, corrupted, damaged or otherwise unusable; j) Claims due to diminished battery life not covered as a Malfunction; k) Accessories that are non-essential to the functioning of the product; l) Software including, but not limited to, personalized data or customized software, such as personal information managers (PIMs), ring tones, games or screen savers; m) Any alteration, adjustment modification, installation, disassembling, repair, servicing or maintenance performed on or to the Covered Device by any person other than Likewize, or their respective authorized representatives; n) Claimed obsolescence of the Covered Device including technological obsolescence; or o) The Subscriber’s failure to use reasonable means to protect the Covered Device/Enrolled Device/Protected Device from further damage after a failure occurs. p) Products that are not purchased from Seller or its authorized dealers, unless activated on the Dish Wireless, LLC network. UNDER NO CIRCUMSTANCES SHALL LIKEWIZE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, WHETHER ARISING DIRECTLY OR INDIRECTLY FROM THE FAILURE OF THE COVERED DEVICEDELAYS IN REPLACEMENT OF THE WIRELESS DEVICE OR FROM ANY OTHER CAUSE WHATSOEVER, WHETHER SUCH SERVICE REQUEST IS BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THE SUBSCRIBER IF THE SUBSCRIBER LIVES IN SUCH STATE.

LIMITATION OF LIABILITY AND EXCLUSIONS. eSecuritel’s liability hereunder shall be limited to the cost of two (2) repairs and device replacements within any twelve (12) month period and in no event shall the cost of such replacement equipment for the Wireless Device exceed the Maximum Benefit of $1,000.00 per claim occurrence. If You have exhausted the allowable number of claims, the service fee is fully earned. This Plan Agreement does not cover the following: a) Products owned by a Subscriber subscriber with a billing address or service address outside any state or territory of the United States or States, the District of Columbia., or Canada; b) Any and all pre-existing conditions or defects that exist before the effective date of this PlanAgreement; c) Products with altered or removed serial numbers; d) Products used for rental purposes; e) Any failure resulting from any cause other than normal use and operation of the Covered Wireless Device in accordance with the manufacturer’s specifications and owner’s manual, including, without limitation, damages or injury caused in whole or in part by acts of God, theft, loss, neglect, abuse, intentional misuse, negligence, mishandling, misuse, vandalism, insects, vermin, wild animals, power failure, power surge, power reduction, software viruses or exposure to weather conditions, including exposure to extreme changes in temperature or humidity; f) Damage Cosmetic damage or other damage that is cosmetic in nature, including but not limited to scratches, tears, dents and broken plastic on parts when the damage does not otherwise affect or impede its functionality or materially impair Your use of the Covered Wireless Device/Enrolled , including, without limitation, changes in color, texture, finish, extraction, or contraction of, scratches to, abrasions to, chipping of, cracking of or impact damage to the Wireless Device/Protected Device; ;. g) Preventative maintenance; h) Batteries, chargers and car kits; i) Data lost, corrupted, damaged or otherwise unusable; j) Claims Claim due to diminished battery life not covered as a Malfunctionlife; k) Accessories that are non-essential to the functioning of the product; l) Software including, but not limited to, personalized data or customized software, such as personal information managers (PIMs), ring tones, games or screen savers; m) Any alteration, adjustment adjustment, modification, installation, disassembling, repair, servicing or maintenance performed on or to the Covered Wireless Device by any person other than LikewizeeSecuritel, Seller (as defined in the eSecuritel Service Warranty Program Wireless Device Service Contract/Extended Limited Warranty), or their respective authorized representatives; n) Claimed obsolescence of the Covered Wireless Device including technological obsolescence; or o) The Subscriber’s failure to use reasonable means to protect the Covered Device/Enrolled Device/Protected Wireless Device from further damage after a failure occurs. p) Products Wireless communication devices that are not purchased from Seller Cellular Sales or its authorized dealers, unless activated on the Dish Wireless, LLC network. UNDER NO CIRCUMSTANCES SHALL LIKEWIZE ESECURITEL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, WHETHER ARISING DIRECTLY OR INDIRECTLY FROM THE FAILURE OF THE COVERED DEVICEDELAYS PRODUCT, DELAYS IN REPLACEMENT OF THE WIRELESS DEVICE OR FROM ANY OTHER CAUSE WHATSOEVER, WHETHER SUCH SERVICE REQUEST CLAIM IS BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THE SUBSCRIBER IF THE SUBSCRIBER LIVES IN SUCH STATE.

LIMITATION OF LIABILITY AND EXCLUSIONS. BRIGHTSTAR’S LIABILITY HEREUNDER SHALL BE LIMITED TO THE COST OF TWO (2) REPAIRS AND REPLACEMENTS WITHIN ANY TWELVE (12) MONTH PERIOD OF TIME. IN NO EVENT SHALL THE COST OF SUCH REPLACEMENT EQUIPMENT FOR THE COVERED DEVICE/ENROLLED DEVICE/PROTECTED DEVICE EXCEED $2,000.00 PER CLAIM OCCURRENCE. THIS LIMITATION DOES NOT APPLY TO MALFUNCTION CLAIMS UNDER APPLECARE SERVICES. This Plan Agreement does not cover the following: a) Products owned by a Subscriber subscriber with a billing address or service address outside any state or territory of the United States or States, the District of Columbia. b) Any and all pre-existing conditions or defects that exist before the effective date of this PlanAgreement; c) Products with altered or removed serial numbers; d) Products used for rental purposes; e) Any failure resulting from any cause other than normal use and operation of the Covered Device in accordance with the manufacturer’s specifications and owner’s manual, including, without limitation, damages or injury caused in whole or in part by acts of God, theft, loss, neglect, abuse, intentional misuse, negligence, mishandling, misuse, vandalism, insects, vermin, wild animals, power failure, power surge, power reduction, software viruses or exposure to weather conditions, including exposure to extreme changes in temperature or humidity; f) Damage that is cosmetic in nature, including but not limited to scratches, tears, dents and broken plastic on parts when the damage does not otherwise affect or impede its functionality or materially impair Your use of the Covered Device/Enrolled Device/Protected Device; g) Preventative maintenance; h) Batteries, chargers and car kits; i) Data lost, corrupted, damaged or otherwise unusable; j) Claims Claim due to diminished battery life not covered as a Malfunctionlife; k) Accessories that are non-essential to the functioning of the product; l) Software including, but not limited to, personalized data or customized software, such as personal information managers (PIMs), ring tones, games or screen savers; m) Any alteration, adjustment adjustment, modification, installation, disassembling, repair, servicing or maintenance performed on or to the Covered Device by any person other than LikewizeBrightstar, or their respective authorized representatives; n) Claimed obsolescence of the Covered Device including technological obsolescence; or o) The Subscriber’s failure to use reasonable means to protect the Covered Device/Enrolled Device/Protected Device from further damage after a failure occurs. p) Products that are not purchased from Seller or its authorized dealers, unless activated on the Dish Wireless, LLC network. UNDER NO CIRCUMSTANCES SHALL LIKEWIZE THE OBLIGOR BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, WHETHER ARISING DIRECTLY OR INDIRECTLY FROM THE FAILURE OF THE COVERED DEVICEDELAYS IN REPLACEMENT OF THE WIRELESS DEVICE OR FROM ANY OTHER CAUSE WHATSOEVER, WHETHER SUCH SERVICE REQUEST CLAIM IS BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THE SUBSCRIBER IF THE SUBSCRIBER LIVES IN SUCH STATE.

LIMITATION OF LIABILITY AND EXCLUSIONS. BRIGHTSTAR’S LIABILITY HEREUNDER SHALL BE LIMITED TO THE COST OF TWO (2) REPLACEMENTS WITHIN ANY TWELVE (12) MONTH PERIOD OF TIME. IN NO EVENT SHALL THE COST OF SUCH REPLACEMENT EQUIPMENT FOR THE COVERED DEVICE/ENROLLED DEVICE/PROTECTED DEVICE EXCEED $250.00 PER CLAIM OCCURRENCE. This Plan Agreement does not cover the following: a) Products owned by a Subscriber subscriber with a billing address or service address outside any state or territory of the United States or States, the District of Columbia. b) Any and all pre-existing conditions or defects that exist before the effective date of this PlanAgreement; c) Products with altered or removed serial numbers; d) Products used for rental purposes; e) Any failure resulting from any cause other than normal use and operation of the Covered Device in accordance with the manufacturer’s specifications and owner’s manual, including, without limitation, damages or injury caused in whole or in part by acts of God, theft, loss, neglect, abuse, intentional misuse, negligence, mishandling, misuse, vandalism, insects, vermin, wild animals, power failure, power surge, power reduction, software viruses or exposure to weather conditions, including exposure to extreme changes in temperature or humidity; f) Damage that is cosmetic in nature, including but not limited to scratches, tears, dents and broken plastic on parts when the damage does not otherwise affect or impede its functionality or materially impair Your use of the Covered Device/Enrolled Device/Protected Device; g) Preventative maintenance; h) Batteries, chargers and car kits; i) Data lost, corrupted, damaged or otherwise unusable; j) Claims Claim due to diminished battery life not covered as a Malfunctionlife; k) Accessories that are non-essential to the functioning of the product; l) Software including, but not limited to, personalized data or customized software, such as personal information managers (PIMs), ring tones, games or screen savers; m) Any alteration, adjustment adjustment, modification, installation, disassembling, repair, servicing or maintenance performed on or to the Covered Device by any person other than LikewizeBrightstar, or their respective authorized representatives; n) Claimed obsolescence of the Covered Device including technological obsolescence; or o) The Subscriber’s failure to use reasonable means to protect the Covered Device/Enrolled Device/Protected Device from further damage after a failure occurs. p) Products that are not purchased from Seller or its authorized dealers, unless activated on the Dish Wireless, LLC network. q) Products with a Retail Price above $250.00. UNDER NO CIRCUMSTANCES SHALL LIKEWIZE BRIGHTSTAR BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, WHETHER ARISING DIRECTLY OR INDIRECTLY FROM THE FAILURE OF THE COVERED DEVICEDELAYS IN REPLACEMENT OF THE WIRELESS DEVICE OR FROM ANY OTHER CAUSE WHATSOEVER, WHETHER SUCH SERVICE REQUEST IS BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THE SUBSCRIBER IF THE SUBSCRIBER LIVES IN SUCH STATE.

LIMITATION OF LIABILITY AND EXCLUSIONS. This Plan does not cover the following:BRIGHTSTAR’S LIABILITY HEREUNDER SHALL BE LIMITED TO THE COST OF A TOTAL OF TWO (2) REPAIRS OR REPLACEMENTS WITHIN ANY TWELVE (12) MONTH PERIOD OF TIME AND IN NO EVENT SHALL THE COST OF SUCH REPAIR OR REPLACEMENT EQUIPMENT FOR THE ENROLLED DEVICE EXCEED THE MAXIMUM BENEFIT OF $1,500.00 PER SERVICE REQUEST. IF YOU HAVE EXHAUSTED THE ALLOWABLE NUMBER OF SERVICE REQUESTS, THE SERVICE FEE IS FULLY EARNED. (a) Products owned by a Subscriber with a billing address or service address outside any state or territory of the United States or States, the District of Columbia., or Canada; (b) Any and all pre-existing conditions or defects that exist before the effective date of this PlanAgreement; (c) Products with altered or removed serial numbers; (d) Products used for rental purposes; (e) Any failure resulting from any cause other than normal use and operation of the Covered Enrolled Device in accordance with the manufacturer’s specifications and owner’s manual, including, without limitation, damages or injury caused in whole or in part by acts of God, theft, loss, neglect, abuse, intentional misuse, negligence, mishandling, misuse, vandalism, insects, vermin, wild animals, power failure, power surge, power reduction, software viruses or exposure to weather conditions, including exposure to extreme changes in temperature or humidity; (f) Damage that is cosmetic in nature, including but not limited to scratches, tears, dents and broken plastic on parts when the damage does not otherwise affect or impede its functionality or materially impair Your use of the Covered Device/Enrolled Device/Protected Device; ; (g) Preventative maintenance; (h) Batteries, chargers and car kits; (i) Data lost, corrupted, damaged or otherwise unusable; (j) Claims Service Request due to diminished battery life not covered as a Malfunctionlife; (k) Accessories that are non-essential to the functioning of the product; (l) Software including, but not limited to, personalized data or customized software, such as personal information managers (PIMs), ring tones, games or screen savers; (m) Any alteration, adjustment adjustment, modification, installation, disassembling, repair, servicing or maintenance performed on or to the Covered Enrolled Device by any person other than Likewize, Brightstar or their respective authorized representativesthe Authorized Service Location; (n) Claimed obsolescence of the Covered Enrolled Device including technological obsolescence; or (o) The Subscriber’s failure to use reasonable means to protect the Covered Device/Enrolled Device/Protected Device from further damage after a failure occurs. (p) Products that are not purchased from Seller or its authorized dealers, unless activated on the Dish Wireless, LLC network. UNDER NO CIRCUMSTANCES SHALL LIKEWIZE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, WHETHER ARISING DIRECTLY OR INDIRECTLY FROM THE FAILURE OF THE COVERED DEVICEDELAYS IN REPLACEMENT OF THE WIRELESS DEVICE OR FROM ANY OTHER CAUSE WHATSOEVER, WHETHER SUCH SERVICE REQUEST IS BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THE SUBSCRIBER IF THE SUBSCRIBER LIVES IN SUCH STATE.

LIMITATION OF LIABILITY AND EXCLUSIONS. This Plan does not cover Brightstar’s liability hereunder shall be limited to the following:cost of two (2) device placements within any twelve (12) month period of time and in no event shall the cost of such replacement equipment for the Covered Product exceed the Maximum Benefit of $1,000.00 per service request occurrence. If You have exhausted the allowable number of service requests, the service fee is fully earned. a) Products owned by a Subscriber subscriber with a billing address or service address outside any state or territory of the United States or States, the District of Columbia., or Canada; b) Any and all pre-existing conditions or defects that exist before the effective date of this PlanAgreement; c) Products with altered or removed serial numbers; d) Products used for rental purposes; e) Any failure resulting from any cause other than normal use and operation of the Covered Device Product in accordance with the manufacturer’s specifications and owner’s manual, including, without limitation, damages or injury caused in whole or in part by acts of God, theft, loss, neglect, abuse, intentional misuse, negligence, mishandling, misuse, vandalism, insects, vermin, wild animals, power failure, power surge, power reduction, software viruses or exposure to weather conditions, including exposure to extreme changes in temperature or humidity; f) Damage that is cosmetic in nature, including but not limited to scratches, tears, dents and broken plastic on parts when the damage does not otherwise affect or impede its functionality or materially impair Your use of the Covered Device/Enrolled Device/Protected Device; Product; g) Preventative maintenance; h) Batteries, chargers and car kits; i) Data lost, corrupted, damaged or otherwise unusable; j) Claims Service Request due to diminished battery life not covered as a Malfunctionlife; k) Accessories that are non-essential to the functioning of the product; l) Software including, but not limited to, personalized data or customized software, such as personal information managers (PIMs), ring tones, games or screen savers; m) Any alteration, adjustment adjustment, modification, installation, disassembling, repair, servicing or maintenance performed on or to the Covered Device Product by any person other than LikewizeBrightstar, Seller (as defined in the Brightstar Service Warranty Program Service Contract/Extended Limited Warranty), or their respective authorized representatives; n) Claimed obsolescence of the Covered Device Product including technological obsolescence; or o) The Subscriber’s failure to use reasonable means to protect the Covered Device/Enrolled Device/Protected Device Product from further damage after a failure occurs. p) Products that are not purchased from Seller CREDO Mobile or its authorized dealers, unless activated on the Dish Wireless, LLC network. UNDER NO CIRCUMSTANCES SHALL LIKEWIZE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, WHETHER ARISING DIRECTLY OR INDIRECTLY FROM THE FAILURE OF THE COVERED DEVICEDELAYS IN REPLACEMENT OF THE WIRELESS DEVICE OR FROM ANY OTHER CAUSE WHATSOEVER, WHETHER SUCH SERVICE REQUEST IS BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THE SUBSCRIBER IF THE SUBSCRIBER LIVES IN SUCH STATE.

LIMITATION OF LIABILITY AND EXCLUSIONS. Brightstar’s liability hereunder shall be limited to the cost of one (1) reimbursement or replacement product for the Covered Product and in no event shall the cost of such replacement equipment for the Covered Product exceed the Maximum Benefit of $650.00 per claim occurrence. If You have exhausted the allowable number of service requests, the service fee is fully earned. This Plan Agreement does not cover the following: a) Products owned by a Subscriber subscriber with a billing address or service address outside any state or territory of the United States or States, the District of Columbia., or Canada; b) Any and all pre-existing conditions or defects that exist before the effective date of this PlanAgreement; c) Products with altered or removed serial numbers; d) Products used for rental purposes; e) Any failure resulting from any cause other than normal use and operation of the Covered Device Product in accordance with the manufacturer’s specifications and owner’s manual, including, without limitation, damages or injury caused in whole or in part by acts of God, theft, loss, neglect, abuse, intentional misuse, negligence, mishandling, misuse, vandalism, insects, vermin, wild animals, power failure, power surge, power reduction, software viruses or exposure to weather conditions, including exposure to extreme changes in temperature or humidity; f) Damage that is cosmetic in nature, including but not limited to scratches, tears, dents and broken plastic on parts when the damage does not otherwise affect or impede its functionality or materially impair Your use of the Covered Device/Enrolled Device/Protected Device; Product; g) Preventative maintenance; h) Batteries, chargers and car kits; i) Data lost, corrupted, damaged or otherwise unusable; j) Claims Service Request due to diminished battery life not covered as a Malfunctionlife; k) Accessories that are non-essential to the functioning of the product; l) Software including, but not limited to, personalized data or customized software, such as personal information managers (PIMs), ring tones, games or screen savers; m) Any alteration, adjustment adjustment, modification, installation, disassembling, repair, servicing or maintenance performed on or to the Covered Device Product by any person other than LikewizeBrightstar, Seller (as defined in the Brightstar Service Warranty Program Service Contract/Extended Limited Warranty), or their respective authorized representatives; n) Claimed obsolescence of the Covered Device Product including technological obsolescence; or o) The Subscriber’s failure to use reasonable means to protect the Covered Device/Enrolled Device/Protected Device Product from further damage after a failure occurs. p) Products that are not purchased from Seller or its authorized dealers, unless activated on the Dish Wireless, LLC network. UNDER NO CIRCUMSTANCES SHALL LIKEWIZE BRIGHTSTAR BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, WHETHER ARISING DIRECTLY OR INDIRECTLY FROM THE FAILURE OF THE COVERED DEVICEDELAYS PRODUCT, DELAYS IN REPLACEMENT OF THE WIRELESS DEVICE OR FROM ANY OTHER CAUSE WHATSOEVER, WHETHER SUCH SERVICE REQUEST IS BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THE SUBSCRIBER IF THE SUBSCRIBER LIVES IN SUCH STATE.

LIMITATION OF LIABILITY AND EXCLUSIONS. BRIGHTSTAR’S LIABILITY HEREUNDER SHALL BE LIMITED TO THE COST OF TWO (2) REPAIRS AND REPLACEMENT WITHIN ANY TWELVE (12) MONTH PERIOD OF TIME. IN NO EVENT SHALL THE COST OF SUCH REPLACEMENT EQUIPMENT FOR THE COVERED DEVICE/ENROLLED DEVICE/PROTECTED DEVICE EXCEED $1,500.00 PER CLAIM OCCURRENCE. This Plan Agreement does not cover the following: a) Products owned by a Subscriber subscriber with a billing address or service address outside any state or territory of the United States or States, the District of Columbia. b) Any and all pre-existing conditions or defects that exist before the effective date of this PlanAgreement; c) Products with altered or removed serial numbers; d) Products used for rental purposes; e) Any failure resulting from any cause other than normal use and operation of the Covered Device in accordance with the manufacturer’s specifications and owner’s manual, including, without limitation, damages or injury caused in whole or in part by acts of God, theft, loss, neglect, abuse, intentional misuse, negligence, mishandling, misuse, vandalism, insects, vermin, wild animals, power failure, power surge, power reduction, software viruses or exposure to weather conditions, including exposure to extreme changes in temperature or humidity; f) Damage that is cosmetic in nature, including but not limited to scratches, tears, dents and broken plastic on parts when the damage does not otherwise affect or impede its functionality or materially impair Your use of the Covered Device/Enrolled Device/Protected Device; g) Preventative maintenance; h) Batteries, chargers and car kits; i) Data lost, corrupted, damaged or otherwise unusable; j) Claims Claim due to diminished battery life not covered as a Malfunctionlife; k) Accessories that are non-essential to the functioning of the product; l) Software including, but not limited to, personalized data or customized software, such as personal information managers (PIMs), ring tones, games or screen savers; m) Any alteration, adjustment adjustment, modification, installation, disassembling, repair, servicing or maintenance performed on or to the Covered Device by any person other than LikewizeBrightstar, or their respective authorized representatives; n) Claimed obsolescence of the Covered Device including technological obsolescence; or o) The Subscriber’s failure to use reasonable means to protect the Covered Device/Enrolled Device/Protected Device from further damage after a failure occurs. p) Products that are not purchased from Seller or its authorized dealers, unless activated on the Dish Wireless, LLC network. UNDER NO CIRCUMSTANCES SHALL LIKEWIZE BRIGHTSTAR BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, WHETHER ARISING DIRECTLY OR INDIRECTLY FROM THE FAILURE OF THE COVERED DEVICEDELAYS IN REPLACEMENT OF THE WIRELESS DEVICE OR FROM ANY OTHER CAUSE WHATSOEVER, WHETHER SUCH SERVICE REQUEST IS BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THE SUBSCRIBER IF THE SUBSCRIBER LIVES IN SUCH STATE.

LIMITATION OF LIABILITY AND EXCLUSIONS. BRIGHTSTAR’S LIABILITY HEREUNDER SHALL BE LIMITED TO THE COST OF TWO (2) REPAIRS AND REPLACEMENT WITHIN ANY TWELVE (12) MONTH PERIOD OF TIME. IN NO EVENT SHALL THE COST OF SUCH REPLACEMENT EQUIPMENT FOR THE COVERED DEVICE/ENROLLED DEVICE/PROTECTED DEVICE EXCEED $1,500.00 PER CLAIM OCCURRENCE. THIS LIMITATION DOES NOT APPLY TO IN-WARRANTY CLAIMS UNDER APPLE CARE SERVICES. This Plan Agreement does not cover the following: a) Products owned by a Subscriber subscriber with a billing address or service address outside any state or territory of the United States or States, the District of Columbia. b) Any and all pre-existing conditions or defects that exist before the effective date of this PlanAgreement; c) Products with altered or removed serial numbers; d) Products used for rental purposes; e) Any failure resulting from any cause other than normal use and operation of the Covered Device in accordance with the manufacturer’s specifications and owner’s manual, including, without limitation, damages or injury caused in whole or in part by acts of God, theft, loss, neglect, abuse, intentional misuse, negligence, mishandling, misuse, vandalism, insects, vermin, wild animals, power failure, power surge, power reduction, software viruses or exposure to weather conditions, including exposure to extreme changes in temperature or humidity; f) Damage that is cosmetic in nature, including but not limited to scratches, tears, dents and broken plastic on parts when the damage does not otherwise affect or impede its functionality or materially impair Your use of the Covered Device/Enrolled Device/Protected Device; g) Preventative maintenance; h) Batteries, chargers and car kits; i) Data lost, corrupted, damaged or otherwise unusable; j) Claims Claim due to diminished battery life not covered as a Malfunctionlife; k) Accessories that are non-essential to the functioning of the product; l) Software including, but not limited to, personalized data or customized software, such as personal information managers (PIMs), ring tones, games or screen savers; m) Any alteration, adjustment adjustment, modification, installation, disassembling, repair, servicing or maintenance performed on or to the Covered Device by any person other than LikewizeBrightstar, or their respective authorized representatives; n) Claimed obsolescence of the Covered Device including technological obsolescence; or o) The Subscriber’s failure to use reasonable means to protect the Covered Device/Enrolled Device/Protected Device from further damage after a failure occurs. p) Products that are not purchased from Seller or its authorized dealers, unless activated on the Dish Wireless, LLC network. UNDER NO CIRCUMSTANCES SHALL LIKEWIZE BRIGHTSTAR BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, WHETHER ARISING DIRECTLY OR INDIRECTLY FROM THE FAILURE OF THE COVERED DEVICEDELAYS IN REPLACEMENT OF THE WIRELESS DEVICE OR FROM ANY OTHER CAUSE WHATSOEVER, WHETHER SUCH SERVICE REQUEST IS BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORYT-HEORY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THE SUBSCRIBER IF THE SUBSCRIBER LIVES IN SUCH STATE.

LIMITATION OF LIABILITY AND EXCLUSIONS. Brightstar’s liability hereunder shall be limited to the cost of one (1) reimbursement or replacement product for the Covered Product and in no event shall the cost of such replacement equipment for the Covered Product exceed the Maximum Benefit of $650.00 per claim occurrence. If You have exhausted the allowable number of service requests, the service fee is fully earned. This Plan Agreement does not cover the following: a) Products owned by a Subscriber subscriber with a billing address or service address outside any state or territory of the United States or States, the District of Columbia., or Canada; b) Any and all pre-existing conditions or defects that exist before the effective date of this PlanAgreement; c) Products with altered or removed serial numbers; d) Products used for rental purposes; e) Any failure resulting from any cause other than normal use and operation of the Covered Device Product in accordance with the manufacturer’s specifications and owner’s manual, including, without limitation, damages or injury caused in whole or in part by acts of God, theft, loss, neglect, abuse, intentional misuse, negligence, mishandling, misuse, vandalism, insects, vermin, wild animals, power failure, power surge, power reduction, software viruses or exposure to weather conditions, including exposure to extreme changes in temperature or humidity; f) Damage that is cosmetic in nature, including but not limited to scratches, tears, dents and broken plastic on parts when the damage does not otherwise affect or impede its functionality or materially impair Your use of the Covered Device/Enrolled Device/Protected Device; Product; g) Preventative maintenance; h) Batteries, chargers and car kits; i) Data lost, corrupted, damaged or otherwise unusable; j) Claims Service Request due to diminished battery life not covered as a Malfunctionlife; k) Accessories that are non-essential to the functioning of the product; l) Software including, but not limited to, personalized data or customized software, such as personal information managers (PIMs), ring tones, games or screen savers; m) Any alteration, adjustment adjustment, modification, installation, disassembling, repair, servicing or maintenance performed on or to the Covered Device Product by any person other than LikewizeBrightstar, Seller (as defined in the Brightstar Service Warranty Program Service Contract/Extended Limited Warranty), or their respective authorized representatives; n) Claimed obsolescence of the Covered Device Product including technological obsolescence; or o) The Subscriber’s failure to use reasonable means to protect the Covered Device/Enrolled Device/Protected Device Product from further damage after a failure occurs. p) Products that are not purchased from Seller or its authorized dealers, unless activated on the Dish Wireless, LLC network. UNDER NO CIRCUMSTANCES SHALL LIKEWIZE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, WHETHER ARISING DIRECTLY OR INDIRECTLY FROM THE FAILURE OF THE COVERED DEVICEDELAYS IN REPLACEMENT OF THE WIRELESS DEVICE OR FROM ANY OTHER CAUSE WHATSOEVER, WHETHER SUCH SERVICE REQUEST IS BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THE SUBSCRIBER IF THE SUBSCRIBER LIVES IN SUCH STATE.

LIMITATION OF LIABILITY AND EXCLUSIONS. BRIGHTSTAR’S LIABILITY HEREUNDER SHALL BE LIMITED TO THE COST OF A TOTAL OF TWO (2) REPAIRS OR REPLACEMENTS WITHIN ANY TWELVE (12) MONTH PERIOD OF TIME AND IN NO EVENT SHALL THE COST OF SUCH REPAIR OR REPLACEMENT EQUIPMENT FOR THE ENROLLED DEVICE EXCEED THE MAXIMUM BENEFIT OF $1,500.00 PER SERVICE REQUEST. IF YOU HAVE EXHAUSTED THE ALLOWABLE NUMBER OF SERVICE REQUESTS, THE SERVICE FEE IS FULLY EARNED, EXCEPT WHERE OTHERWISE NOTED. This Plan Agreement does not cover protect against the following: (a) Products owned by a Subscriber with a billing address or service address outside any state or territory of the United States or States, the District of Columbia., or Canada; (b) Any and all pre-existing conditions or defects that exist before the effective date of this PlanAgreement; (c) Products with altered or removed serial numbers; (d) Products used for rental purposes; (e) Any failure resulting from any cause other than normal use and operation of the Covered Enrolled Device in accordance with the manufacturer’s specifications and owner’s manual, including, without limitation, damages or injury caused in whole or in part by acts of God, theft, loss, neglect, abuse, intentional misuse, negligence, mishandling, misuse, vandalism, insects, vermin, wild animals, power failure, power surge, power reduction, software viruses or exposure to weather conditions, including exposure to extreme changes in temperature or humidity; (f) Damage that is cosmetic in nature, including but not limited to scratches, tears, dents and broken plastic on parts when the damage does not otherwise affect or impede its functionality or materially impair Your use of the Covered Device/Enrolled Device/Protected Device; ; (g) Preventative maintenance; (h) Batteries, chargers and car kits; (i) Data lost, corrupted, damaged or otherwise unusable; (j) Claims Service Request due to diminished battery life not covered as a Malfunctionlife; (k) Accessories that are non-essential to the functioning of the product; (l) Software including, but not limited to, personalized data or customized software, such as personal information managers (PIMs), ring tones, games or screen savers; (m) Any alteration, adjustment adjustment, modification, installation, disassembling, repair, servicing or maintenance performed on or to the Covered Enrolled Device by any person other than Likewize, Brightstar or their respective authorized representativesthe Authorized Service Location; (n) Claimed obsolescence of the Covered Enrolled Device including technological obsolescence; or (o) The Subscriber’s failure to use reasonable means to protect the Covered Device/Enrolled Device/Protected Device from further damage after a failure occurs. (p) Products that are not purchased from Seller or its authorized dealers, unless activated on the Dish Wireless, LLC network. UNDER NO CIRCUMSTANCES SHALL LIKEWIZE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, WHETHER ARISING DIRECTLY OR INDIRECTLY FROM THE FAILURE OF THE COVERED DEVICEDELAYS IN REPLACEMENT OF THE WIRELESS DEVICE OR FROM ANY OTHER CAUSE WHATSOEVER, WHETHER SUCH SERVICE REQUEST IS BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THE SUBSCRIBER IF THE SUBSCRIBER LIVES IN SUCH STATE.

LIMITATION OF LIABILITY AND EXCLUSIONS. BRIGHTSTAR’S LIABILITY HEREUNDER SHALL BE LIMITED TO THE COST OF TWO (2) REPAIRS AND REPLACEMENT WITHIN ANY TWELVE (12) MONTH PERIOD OF TIME. IN NO EVENT SHALL THE COST OF SUCH REPLACEMENT EQUIPMENT FOR THE COVERED DEVICE/ENROLLED DEVICE/PROTECTED DEVICE EXCEED $1,600.00 PER CLAIM OCCURRENCE. THIS LIMITATION DOES NOT APPLY TO IN-WARRANTY CLAIMS UNDER APPLE CARE SERVICES. This Plan Agreement does not cover the following: a) Products owned by a Subscriber subscriber with a billing address or service address outside any state or territory of the United States or States, the District of Columbia. b) Any and all pre-existing conditions or defects that exist before the effective date of this PlanAgreement; c) Products with altered or removed serial numbers; d) Products used for rental purposes; e) Any failure resulting from any cause other than normal use and operation of the Covered Device in accordance with the manufacturer’s specifications and owner’s manual, including, without limitation, damages or injury caused in whole or in part by acts of God, theft, loss, neglect, abuse, intentional misuse, negligence, mishandling, misuse, vandalism, insects, vermin, wild animals, power failure, power surge, power reduction, software viruses or exposure to weather conditions, including exposure to extreme changes in temperature or humidity; f) Damage that is cosmetic in nature, including but not limited to scratches, tears, dents and broken plastic on parts when the damage does not otherwise affect or impede its functionality or materially impair Your use of the Covered Device/Enrolled Device/Protected Device; g) Preventative maintenance; h) Batteries, chargers and car kits; i) Data lost, corrupted, damaged or otherwise unusable; j) Claims Claim due to diminished battery life not covered as a Malfunctionlife; k) Accessories that are non-essential to the functioning of the product; l) Software including, but not limited to, personalized data or customized software, such as personal information managers (PIMs), ring tones, games or screen savers; m) Any alteration, adjustment adjustment, modification, installation, disassembling, repair, servicing or maintenance performed on or to the Covered Device by any person other than LikewizeBrightstar, or their respective authorized representatives; n) Claimed obsolescence of the Covered Device including technological obsolescence; or o) The Subscriber’s failure to use reasonable means to protect the Covered Device/Enrolled Device/Protected Device from further damage after a failure occurs. p) Products that are not purchased from Seller or its authorized dealers, unless activated on the Dish Wireless, LLC network. q) Devices with a retail price less than $299.00. UNDER NO CIRCUMSTANCES SHALL LIKEWIZE THE OBLIGOR BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, WHETHER ARISING DIRECTLY OR INDIRECTLY FROM THE FAILURE OF THE COVERED DEVICEDELAYS IN REPLACEMENT OF THE WIRELESS DEVICE OR FROM ANY OTHER CAUSE WHATSOEVER, WHETHER SUCH SERVICE REQUEST CLAIM IS BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THE SUBSCRIBER IF THE SUBSCRIBER LIVES IN SUCH STATE.

LIMITATION OF LIABILITY AND EXCLUSIONS. BRIGHTSTAR’S LIABILITY HEREUNDER SHALL BE LIMITED TO THE COST OF TWO (2) REPAIRS AND REPLACEMENT WITHIN ANY TWELVE (12) MONTH PERIOD OF TIME. IN NO EVENT SHALL THE COST OF SUCH REPLACEMENT EQUIPMENT FOR THE COVERED DEVICE/ENROLLED DEVICE/PROTECTED DEVICE EXCEED $1,600.00 PER CLAIM OCCURRENCE. THIS LIMITATION DOES NOT APPLY TO MALFUNCTION CLAIMS UNDER APPLE CARE SERVICES. This Plan Agreement does not cover the following: a) Products owned by a Subscriber subscriber with a billing address or service address outside any state or territory of the United States or States, the District of Columbia. b) Any and all pre-existing conditions or defects that exist before the effective date of this PlanAgreement; c) Products with altered or removed serial numbers; d) Products used for rental purposes; e) Any failure resulting from any cause other than normal use and operation of the Covered Device in accordance with the manufacturer’s specifications and owner’s manual, including, without limitation, damages or injury caused in whole or in part by acts of God, theft, loss, neglect, abuse, intentional misuse, negligence, mishandling, misuse, vandalism, insects, vermin, wild animals, power failure, power surge, power reduction, software viruses or exposure to weather conditions, including exposure to extreme changes in temperature or humidity; f) Damage that is cosmetic in nature, including but not limited to scratches, tears, dents and broken plastic on parts when the damage does not otherwise affect or impede its functionality or materially impair Your use of the Covered Device/Enrolled Device/Protected Device; g) Preventative maintenance; h) Batteries, chargers and car kits; i) Data lost, corrupted, damaged or otherwise unusable; j) Claims Claim due to diminished battery life not covered as a Malfunctionlife; k) Accessories that are non-essential to the functioning of the product; l) Software including, but not limited to, personalized data or customized software, such as personal information managers (PIMs), ring tones, games or screen savers; m) Any alteration, adjustment adjustment, modification, installation, disassembling, repair, servicing or maintenance performed on or to the Covered Device by any person other than LikewizeBrightstar, or their respective authorized representatives; n) Claimed obsolescence of the Covered Device including technological obsolescence; or o) The Subscriber’s failure to use reasonable means to protect the Covered Device/Enrolled Device/Protected Device from further damage after a failure occurs. p) Products that are not purchased from Seller or its authorized dealers, unless activated on the Dish Wireless, LLC network. q) Devices with a retail price less than $299.00. UNDER NO CIRCUMSTANCES SHALL LIKEWIZE THE OBLIGOR BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, WHETHER ARISING DIRECTLY OR INDIRECTLY FROM THE FAILURE OF THE COVERED DEVICEDELAYS IN REPLACEMENT OF THE WIRELESS DEVICE OR FROM ANY OTHER CAUSE WHATSOEVER, WHETHER SUCH SERVICE REQUEST CLAIM IS BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THE SUBSCRIBER IF THE SUBSCRIBER LIVES IN SUCH STATE.

LIMITATION OF LIABILITY AND EXCLUSIONS. This Plan does not cover Brightstar’s liability hereunder shall be limited to the following:cost of two (2) repairs and replacement within any twelve (12) month period of time and in no event shall the cost of such replacement equipment for the Covered Product exceed the Maximum Benefit of a) Products owned by a Subscriber subscriber with a billing address or service address outside any state or territory of the United States or States, the District of Columbia., or Canada; b) Any and all pre-existing conditions or defects that exist before the effective date of this PlanAgreement; c) Products with altered or removed serial numbers; d) Products used for rental purposes; e) Any failure resulting from any cause other than normal use and operation of the Covered Device Product in accordance with the manufacturer’s specifications and owner’s manual, including, without limitation, damages or injury caused in whole or in part by acts of God, theft, loss, neglect, abuse, intentional misuse, negligence, mishandling, misuse, vandalism, insects, vermin, wild animals, power failure, power surge, power reduction, software viruses or exposure to weather conditions, including exposure to extreme changes in temperature or humidity; f) Damage that is cosmetic in nature, including but not limited to scratches, tears, dents and broken plastic on parts when the damage does not otherwise affect or impede its functionality or materially impair Your use of the Covered Device/Enrolled Device/Protected Device; Product; g) Preventative maintenance; h) Batteries, chargers and car kits; i) Data lost, corrupted, damaged or otherwise unusable; j) Claims Service Request due to diminished battery life not covered as a Malfunctionlife; k) Accessories that are non-essential to the functioning of the product; l) Software including, but not limited to, personalized data or customized software, such as personal information managers (PIMs), ring tones, games or screen savers; m) Any alteration, adjustment adjustment, modification, installation, disassembling, repair, servicing or maintenance performed on or to the Covered Device Product by any person other than LikewizeBrightstar, Seller (as defined in the Brightstar Service Warranty Program Service Contract/Extended Limited Warranty), or their respective authorized representatives; n) Claimed obsolescence of the Covered Device Product including technological obsolescence; or o) The Subscriber’s failure to use reasonable means to protect the Covered Device/Enrolled Device/Protected Device Product from further damage after a failure occurs. p) Products that are not purchased from Seller Cellular Sales or its authorized dealers, unless activated on the Dish Wireless, LLC network. UNDER NO CIRCUMSTANCES SHALL LIKEWIZE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, WHETHER ARISING DIRECTLY OR INDIRECTLY FROM THE FAILURE OF THE COVERED DEVICEDELAYS IN REPLACEMENT OF THE WIRELESS DEVICE OR FROM ANY OTHER CAUSE WHATSOEVER, WHETHER SUCH SERVICE REQUEST IS BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THE SUBSCRIBER IF THE SUBSCRIBER LIVES IN SUCH STATE.

LIMITATION OF LIABILITY AND EXCLUSIONS. IN NO EVENT SHALL THE COST OF SUCH REPLACEMENT EQUIPMENT FOR THE COVERED DEVICE/ENROLLED DEVICE/PROTECTED DEVICE EXCEED $2,500.00 PER CLAIM OCCURRENCE. THIS LIMIT IS INCLUSIVE OF AN ACCESSORY LIMIT OF $500. THIS LIMITATION DOES NOT APPLY TO MALFUNCTION CLAIMS UNDER APPLECARE SERVICES. This Plan Agreement does not cover the following: a) Products owned by a Subscriber subscriber with a billing address or service address outside any state or territory of the United States or States, the District of Columbia. b) Any and all pre-existing conditions or defects that exist before the effective date of this PlanAgreement; c) Products with altered or removed serial numbers; d) Products used for rental purposes; e) Any failure resulting from any cause other than normal use and operation of the Covered Device in accordance with the manufacturer’s specifications and owner’s manual, including, without limitation, damages or injury caused in whole or in part by acts of God, theft, loss, neglect, abuse, intentional misuse, negligence, mishandling, misuse, vandalism, insects, vermin, wild animals, power failure, power surge, power reduction, software viruses or exposure to weather conditions, including exposure to extreme changes in temperature or humidity; f) Damage that is cosmetic in nature, including but not limited to scratches, tears, dents and broken plastic on parts when the damage does not otherwise affect or impede its functionality or materially impair Your use of the Covered Device/Enrolled Device/Protected Device; g) Preventative maintenance; h) Batteries, chargers and car kits; i) Data lost, corrupted, damaged or otherwise unusable; j) Claims Claim due to diminished battery life not covered as a Malfunctionlife; k) Accessories that are non-essential to the functioning of the product; l) Software including, but not limited to, personalized data or customized software, such as personal information managers (PIMs), ring tones, games or screen savers; m) Any alteration, adjustment adjustment, modification, installation, disassembling, repair, servicing or maintenance performed on or to the Covered Device by any person other than Likewize, or their respective authorized representatives; n) Claimed obsolescence of the Covered Device including technological obsolescence; or o) The Subscriber’s failure to use reasonable means to protect the Covered Device/Enrolled Device/Protected Device from further damage after a failure occurs. p) Products that are not purchased from Seller or its authorized dealers, unless activated on the Dish Wireless, LLC network. UNDER NO CIRCUMSTANCES SHALL LIKEWIZE THE OBLIGOR BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, WHETHER ARISING DIRECTLY OR INDIRECTLY FROM THE FAILURE OF THE COVERED DEVICEDELAYS IN REPLACEMENT OF THE WIRELESS DEVICE OR FROM ANY OTHER CAUSE WHATSOEVER, WHETHER SUCH SERVICE REQUEST CLAIM IS BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THE SUBSCRIBER IF THE SUBSCRIBER LIVES IN SUCH STATE.

LIMITATION OF LIABILITY AND EXCLUSIONS. LIKEWIZE’S LIABILITY HEREUNDER SHALL BE LIMITED TO THE COST OF TWO (2) REPAIRS AND REPLACEMENT WITHIN ANY TWELVE (12) MONTH PERIOD OF TIME. IN NO EVENT SHALL THE COST OF SUCH REPLACEMENT EQUIPMENT FOR THE COVERED DEVICE/ENROLLED DEVICE/PROTECTED DEVICE EXCEED $2,000.00 PER CLAIM OCCURRENCE. THIS LIMITATION DOES NOT APPLY TO IN-WARRANTY CLAIMS UNDER APPLE CARE SERVICES. This Plan Agreement does not cover the following: a) Products owned by a Subscriber subscriber with a billing address or service address outside any state or territory of the United States or States, the District of Columbia. b) Any and all pre-existing conditions or defects that exist before the effective date of this PlanAgreement; c) Products with altered or removed serial numbers; d) Products used for rental purposes; e) Any failure resulting from any cause other than normal use and operation of the Covered Device in accordance with the manufacturer’s specifications and owner’s manual, including, without limitation, damages or injury caused in whole or in part by acts of God, theft, loss, neglect, abuse, intentional misuse, negligence, mishandling, misuse, vandalism, insects, vermin, wild animals, power failure, power surge, power reduction, software viruses or exposure to weather conditions, including exposure to extreme changes in temperature or humidity; f) Damage that is cosmetic in nature, including but not limited to scratches, tears, dents and broken plastic on parts when the damage does not otherwise affect or impede its functionality or materially impair Your use of the Covered Device/Enrolled Device/Protected Device; g) Preventative maintenance; h) Batteries, chargers and car kits; i) Data lost, corrupted, damaged or otherwise unusable; j) Claims due to diminished battery life not covered as a Malfunction; k) Accessories that are non-essential to the functioning of the product; l) Software including, but not limited to, personalized data or customized software, such as personal information managers (PIMs), ring tones, games or screen savers; m) Any alteration, adjustment adjustment, modification, installation, disassembling, repair, servicing or maintenance performed on or to the Covered Device by any person other than Likewize, or their respective authorized representatives; n) Claimed obsolescence of the Covered Device including technological obsolescence; or o) The Subscriber’s failure to use reasonable means to protect the Covered Device/Enrolled Device/Protected Device from further damage after a failure occurs. p) Products that are not purchased from Seller or its authorized dealers, unless activated on the Dish Wireless, LLC network. UNDER NO CIRCUMSTANCES SHALL LIKEWIZE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, WHETHER ARISING DIRECTLY OR INDIRECTLY FROM THE FAILURE OF THE COVERED DEVICEDELAYS IN REPLACEMENT OF THE WIRELESS DEVICE OR FROM ANY OTHER CAUSE WHATSOEVER, WHETHER SUCH SERVICE REQUEST IS BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THE SUBSCRIBER IF THE SUBSCRIBER LIVES IN SUCH STATE.