Common use of LIMITATION OF LIABILITY AND EXCLUSIONS Clause in Contracts

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 of time and in no event shall the cost of such replacement equipment for the Wireless Device exceed the Maximum Benefit of This Agreement 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, the District of Columbia, or Canada; b) Any and all pre-existing conditions or defects that exist before the effective date of this Agreement; 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 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) Cosmetic damage or other damage that does not affect functionality of the Wireless Device, 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;. g) Preventative maintenance; h) Batteries, chargers and car kits; i) Data lost, corrupted, damaged or otherwise unusable; j) Claim due to diminished battery life; 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 Wireless Device by any person other than eSecuritel, 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 Wireless Device including technological obsolescence; or o) The Subscriber’s failure to use reasonable means to protect the Wireless Device from further damage after a failure occurs. p) Wireless communication devices that are not purchased from Z Wireless or its authorized dealers. UNDER NO CIRCUMSTANCES SHALL 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 PRODUCT, DELAYS IN REPLACEMENT OF THE WIRELESS DEVICE OR FROM ANY OTHER CAUSE WHATSOEVER, WHETHER SUCH 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. eSecuritelBrightstar’s liability hereunder shall be limited to the cost of two (2) repairs and device replacements within any twelve (12) month period of time 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 Agreement 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, the District of Columbia, or Canada; b) Any and all pre-existing conditions or defects that exist before the effective date of this Agreement; 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 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) Cosmetic damage or other damage that does not affect functionality of the Wireless Device, 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;. g) Preventative maintenance; h) Batteries, chargers and car kits; i) Data lost, corrupted, damaged or otherwise unusable; j) Claim due to diminished battery life; 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 Wireless Device by any person other than eSecuritelBrightstar, Seller (as defined in the eSecuritel Brightstar Service Warranty Program Wireless Device Service Contract/Extended Limited Warranty), or their respective authorized representatives; n) Claimed obsolescence of the Wireless Device including technological obsolescence; or o) The Subscriber’s failure to use reasonable means to protect the Wireless Device from further damage after a failure occurs. p) Wireless communication devices that are not purchased from Z Wireless Illinois Valley Cellular or its authorized dealers. UNDER NO CIRCUMSTANCES SHALL ESECURITEL 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 PRODUCT, DELAYS IN REPLACEMENT OF THE WIRELESS DEVICE OR FROM ANY OTHER CAUSE WHATSOEVER, WHETHER SUCH 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. eSecuritelBrightstar’s liability hereunder shall be limited to the cost of two (2) repairs and device replacements replacement devices within any twelve (12) month period of time and in no event shall the cost of such replacement equipment for the Wireless Device 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. This Agreement 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, the District of Columbia, or Canada; b) Any and all pre-existing conditions or defects that exist before the effective date of this Agreement; 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 Wireless Device Covered 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) Cosmetic Damage that is cosmetic in nature, including but not limited to scratches, tears, dents and broken plastic on parts when the damage or other damage that does not otherwise affect or impede its functionality or materially impair Your use of the Wireless Device, 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 DeviceCovered Product;. g) Preventative maintenance; h) Batteries, chargers and car kits; i) Data lost, corrupted, damaged or otherwise unusable; j) Claim Service Request due to diminished battery life; 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 Wireless Device Covered Product by any person other than eSecuritelBrightstar, Seller (as defined in the eSecuritel Brightstar Service Warranty Program Wireless Device Service Contract/Extended Limited Warranty), or their respective authorized representatives; n) Claimed obsolescence of the Wireless Device Covered Product including technological obsolescence; or o) The Subscriber’s failure to use reasonable means to protect the Wireless Device Covered Product from further damage after a failure occurs. p) Wireless communication devices “Products that are not purchased from Z Wireless or its authorized dealers. UNDER NO CIRCUMSTANCES SHALL 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 PRODUCT, DELAYS IN REPLACEMENT OF THE WIRELESS DEVICE OR FROM ANY OTHER CAUSE WHATSOEVER, WHETHER SUCH 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 STATEan eligible Target location.

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 of time one replacement equipment for the Wireless Device and in no event shall the cost of such replacement equipment for the Wireless Device exceed the Maximum Benefit of $1,000 for the claim occurrence. This Agreement does not cover the following: a) Products owned by a subscriber with a billing address or service address operated outside any state or territory of the United States, the District of Columbia, or Canada; b) Any and all pre-existing conditions or defects that exist before the effective date of this Agreement; c) Products with altered or removed serial numbers; d) Products used for commercial or rental purposes; e) Any failure resulting from any cause other than normal use and operation of the 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, accident, 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) Cosmetic damage or other damage that does not affect functionality of the Wireless Device, 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;. g) Preventative maintenance; h) Batteries, chargers and car kits; i) Data lost, corrupted, damaged or otherwise unusable; ji) Claim due to diminished battery life; 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 Wireless Device by any person other than eSecuritel, Seller (as defined in the eSecuritel Service Warranty Program Wireless Device Service Contract/Extended Limited Warranty), or their respective its authorized representatives; n) Claimed obsolescence of the Wireless Device including technological obsolescence; or o) The Subscriber’s failure to use reasonable means to protect the Wireless Device from further damage after a failure occurs. p) Wireless communication devices that are not purchased from Z Alltel Wireless or its authorized dealers. UNDER NO CIRCUMSTANCES SHALL 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 PRODUCT, DELAYS IN REPLACEMENT OF THE WIRELESS DEVICE OR FROM ANY OTHER CAUSE WHATSOEVER, WHETHER SUCH 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. eSecuritel’s liability hereunder shall be limited to the cost of two (2) repairs and device replacements within any twelve (12) month period of time one reimbursement or replacement product for the Covered Product and in no event shall the cost of such replacement equipment for the Wireless Device Covered Product exceed the Maximum Benefit of $650.00 per claim occurrence. If You have exhausted the allowable number of claims, the service fee is fully earned. This Agreement 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, the District of Columbia, or Canada; b) Any and all pre-existing conditions or defects that exist before the effective date of this Agreement; 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 Wireless Device Covered 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) Cosmetic Damage that is cosmetic in nature, including but not limited to scratches, tears, dents and broken plastic on parts when the damage or other damage that does not otherwise affect or impede its functionality or materially impair Your use of the Wireless Device, 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 DeviceCovered Product;. g) Preventative maintenance; h) Batteries, chargers and car kits; i) Data lost, corrupted, damaged or otherwise unusable; j) Claim due to diminished battery life; 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 Wireless Device Covered Product by any person other than eSecuritel, 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 Wireless Device Covered Product including technological obsolescence; or o) The Subscriber’s failure to use reasonable means to protect the Wireless Device Covered Product from further damage after a failure occurs. p) Wireless communication devices that are not purchased from Z Wireless or its authorized dealers. UNDER NO CIRCUMSTANCES SHALL 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 PRODUCT, DELAYS IN REPLACEMENT OF THE WIRELESS DEVICE OR FROM ANY OTHER CAUSE WHATSOEVER, WHETHER SUCH 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. eSecuritel’s liability hereunder shall be limited to the cost of two (2) repairs and device replacements within any twelve (12) month period of time 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 Agreement 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, the District of Columbia, or Canada; b) Any and all pre-existing conditions or defects that exist before the effective date of this Agreement; 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 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) Cosmetic damage or other damage that does not affect functionality of the Wireless Device, 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;. g) Preventative maintenance; h) Batteries, chargers and car kits; i) Data lost, corrupted, damaged or otherwise unusable; j) Claim due to diminished battery life; 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 Wireless Device by any person other than eSecuritel, 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 Wireless Device including technological obsolescence; or o) The Subscriber’s failure to use reasonable means to protect the Wireless Device from further damage after a failure occurs. p) Wireless communication devices that are not purchased from Z Wireless Illinois Valley Cellular or its authorized dealers. UNDER NO CIRCUMSTANCES SHALL 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 PRODUCT, DELAYS IN REPLACEMENT OF THE WIRELESS DEVICE OR FROM ANY OTHER CAUSE WHATSOEVER, WHETHER SUCH 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. eSecuritel’s liability hereunder shall be limited to the cost of two (2) repairs and device replacements within any twelve (12) month period of time months and in no event shall the cost of such replacement equipment for the Wireless Device exceed the Maximum Benefit of $750.00 per claim occurrence. If You have exhausted the allowable number of claims, the service fee is fully earned. This Agreement does not cover the following: a) Products owned by a subscriber with a billing address or service address operated outside any state or territory of the United States, the District of Columbia, or Canada; b) Any and all pre-existing conditions or defects that exist before the effective date of this Agreement; c) Products with altered or removed serial numbers; d) Products used for commercial or rental purposes; e) Any failure resulting from any cause other than normal use and operation of the 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, accident, 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) Cosmetic damage or other damage that does not affect functionality of the Wireless Device, 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;. g) Preventative maintenance; h) Batteries, chargers and car kits; i) Data lost, corrupted, damaged or otherwise unusable; ji) Claim due to diminished battery life; 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 Wireless Device by any person other than eSecuritel, 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 Wireless Device including technological obsolescence; or o) The Subscriber’s failure to use reasonable means to protect the Wireless Device from further damage after a failure occurs. p) Wireless communication devices that are not purchased from Z Wireless or its authorized dealers. UNDER NO CIRCUMSTANCES SHALL 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 PRODUCT, DELAYS IN REPLACEMENT OF THE WIRELESS DEVICE OR FROM ANY OTHER CAUSE WHATSOEVER, WHETHER SUCH 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. eSecuritel’s liability hereunder shall be limited to the cost of two one (21) repairs and replacement device replacements within any twelve (12) month period of time for the Wireless Device, 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 Agreement 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, the District of Columbia, or Canada; b) Any and all pre-existing conditions or defects that exist before the effective date of this Agreement; 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 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) Cosmetic damage or other damage that does not affect functionality of the Wireless Device, 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;. g) Preventative maintenance; h) Batteries, chargers and car kits; i) Data lost, corrupted, damaged or otherwise unusable; j) Claim due to diminished battery life; 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 Wireless Device by any person other than eSecuritel, 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 Wireless Device including technological obsolescence; or o) The Subscriber’s failure to use reasonable means to protect the Wireless Device from further damage after a failure occurs. p) Wireless communication devices that are not purchased from Z Wireless or its authorized dealers. UNDER NO CIRCUMSTANCES SHALL 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 PRODUCT, DELAYS IN REPLACEMENT OF THE WIRELESS DEVICE OR FROM ANY OTHER CAUSE WHATSOEVER, WHETHER SUCH 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. eSecuritel’s liability hereunder shall be limited to the cost of two (2) repairs and device replacements within any twelve (12) month period of time 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 Agreement does not cover the following: a) Products owned by a subscriber with a billing address or service address operated outside any state or territory of the United States, the District of Columbia, or Canada; b) Any and all pre-existing conditions or defects that exist before the effective date of this Agreement; c) Products with altered or removed serial numbers; d) Products used for commercial or rental purposes; e) Any failure resulting from any cause other than normal use and operation of the 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, accident, 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) Cosmetic damage or other damage that does not affect functionality of the Wireless Device, 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;. g) Preventative maintenance; h) Batteries, chargers and car kits; i) Data lost, corrupted, damaged or otherwise unusable; j) Claim due to diminished battery life; 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 Wireless Device by any person other than eSecuritel, Seller (as defined in the eSecuritel Service Warranty Program Wireless Device Service Contract/Extended Limited Warranty), or their respective its authorized representatives; n) Claimed obsolescence of the Wireless Device including technological obsolescence; or o) The Subscriber’s failure to use reasonable means to protect the Wireless Device from further damage after a failure occurs. p) Wireless communication devices that are not purchased from Z Wireless or its authorized dealersan eligible Target location. UNDER NO CIRCUMSTANCES SHALL 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 PRODUCT, DELAYS IN REPLACEMENT OF THE WIRELESS DEVICE OR FROM ANY OTHER CAUSE WHATSOEVER, WHETHER SUCH 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. eSecuritelBrightstar’s liability hereunder shall be limited to the cost of two (2) repairs and device replacements within any twelve (12) month period of time and in no event shall the cost of such replacement equipment for the Wireless Device exceed the Maximum Benefit of $1,500.00 per claim occurrence. If You have exhausted the allowable number of claims, the service fee is fully earned. This Agreement does not cover the following: a) Products owned by a subscriber with a billing address or service address operated outside any state or territory of the United States, the District of Columbia, or Canada; b) Any and all pre-existing conditions or defects that exist before the effective date of this Agreement; c) Products with altered or removed serial numbers; d) Products used for commercial or rental purposes; e) Any failure resulting from any cause other than normal use and operation of the 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, accident, 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) Cosmetic damage or other damage that does not affect functionality of the Wireless Device, 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;. g) Preventative maintenance; h) Batteries, chargers and car kits; i) Data lost, corrupted, damaged or otherwise unusable; j) Claim due to diminished battery life; 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 Wireless Device by any person other than eSecuritel, Seller (as defined in the eSecuritel Service Warranty Program Wireless Device Service Contract/Extended Limited Warranty), Brightstar or their respective its authorized representatives; n) Claimed obsolescence of the Wireless Device including technological obsolescence; or o) The Subscriber’s failure to use reasonable means to protect the Wireless Device from further damage after a failure occurs. p) Wireless communication devices that are not purchased from Z Wireless Chat Mobility or its authorized dealers. UNDER NO CIRCUMSTANCES SHALL ESECURITEL 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 PRODUCT, DELAYS IN REPLACEMENT OF THE WIRELESS DEVICE OR FROM ANY OTHER CAUSE WHATSOEVER, WHETHER SUCH 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. eSecuritelBrightstar’s liability hereunder shall be limited to the cost of two (2) repairs and device replacements within any twelve (12) month period of time and in no event shall the cost of such replacement equipment for the Wireless Device exceed the Maximum Benefit of $2,000.00 per claim occurrence. If You have exhausted the allowable number of claims, the service fee is fully earned. This Agreement 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, the District of Columbia, or Canada; b) Any and all pre-existing conditions or defects that exist before the effective date of this Agreement; 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 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) Cosmetic damage or other damage that does not affect functionality of the Wireless Device, 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;. g) Preventative maintenance; h) Batteries, chargers and car kits; i) Data lost, corrupted, damaged or otherwise unusable; j) Claim due to diminished battery life; 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 Wireless Device by any person other than eSecuritelBrightstar, Seller (as defined in the eSecuritel Brightstar Service Warranty Program Wireless Device Service Contract/Extended Limited Warranty), or their respective authorized representatives; n) Claimed obsolescence of the Wireless Device including technological obsolescence; or o) The Subscriber’s failure to use reasonable means to protect the Wireless Device from further damage after a failure occurs. p) Wireless communication devices that are not purchased from Z Wireless Illinois Valley Cellular or its authorized dealers. UNDER NO CIRCUMSTANCES SHALL ESECURITEL 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 PRODUCT, DELAYS IN REPLACEMENT OF THE WIRELESS DEVICE OR FROM ANY OTHER CAUSE WHATSOEVER, WHETHER SUCH 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. eSecuritel’s liability hereunder shall be limited to the cost of two (2) repairs and device replacements within any twelve (12) month period of time 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 subscription fee is fully earned. This Agreement 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, the District of Columbia, or Canada; b) Any and all pre-existing conditions or defects that exist before the effective date of this Agreement; 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 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) Cosmetic damage or other damage that does not affect functionality of the Wireless Device, 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;. g) Preventative maintenance; h) Batteries, chargers and car kits; i) Data lost, corrupted, damaged or otherwise unusable; j) Claim due to diminished battery life; 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 Wireless Device by any person other than eSecuritel, 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 Wireless Device including technological obsolescence; or o) The Subscriber’s failure to use reasonable means to protect the Wireless Device from further damage after a failure occurs. p) Wireless communication devices that are not purchased from Z Wireless or its authorized dealers. UNDER NO CIRCUMSTANCES SHALL 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 PRODUCT, DELAYS IN REPLACEMENT OF THE WIRELESS DEVICE OR FROM ANY OTHER CAUSE WHATSOEVER, WHETHER SUCH 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.