Limitation of Liability Indemnification Warranties. 3.1 The parties understand and agree that Provider is not an insurer and that insurance, if any, shall be obtained by Recipient and/or Recipient’s Subscribers and that amounts payable to Provider hereunder are based on the value of the services and scope of liability as herein set forth and are unrelated to the value of any Subscriber’s property, any property of others located in or at Subscriber’s premises, or the risk of loss associated with such premises. PROVIDER MAKES NO GUARANTY OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE MONITORING SERVICES SUPPLIED WILL AVERT OR PREVENT OCCURRENCES, Intercompany Monitoring and Services Agreement (Canada FINAL) OR THE CONSEQUENCES ARISING THEREFROM, WHICH SUBSCRIBER’S SYSTEM OR PROVIDER’S SERVICE IS INTENDED TO DETECT (such occurrences, including without limitation criminal break-ins, unauthorized intrusions, medical emergency activations or fires, hereinafter collectively referred to as “Detection Events”). Provider does not assume the risk of injury or loss to which Subscribers’ persons or property, or the persons or property of others, may be subject if a Detection Event occurs and the allocation of such risk remains with Subscriber, not Provider. Accordingly, Recipient and/or Recipient’s Subscriber agrees that Provider shall have no liability for loss, damage or injury due directly or indirectly to Detection Events, or the consequences therefrom, and Recipient and/or Recipient’s Subscriber releases and waives for itself and their respective insurers all subrogation and other rights to recover from Provider as a result of paying any claim for loss, damage or injury arising from or due to a Detection Event. If notwithstanding the foregoing, Provider is found liable for loss, damage or injury under any legal theory due to any failure of the Service with respect to a Detection Event, its liability shall be limited to a sum equal to $2,500.00 as agreed upon damages and sole remedy, and not as a penalty. It is mutually acknowledged and agreed this will be the sole remedy because it is impractical and extremely difficult to determine the actual damages, if any, which may result from Provider’s failure to perform any of its obligations under this Agreement and the provisions of this Section 3 shall apply no matter how the loss, damage or injury or other consequence occurs, even if due to Provider’s performance or nonperformance of its obligations under thi...
Limitation of Liability Indemnification Warranties a) You agree that your use of the Service is at your sole risk. You acknowledge that although the Service provides access to the Internet, the Internet is not owned, operated or managed by OC.
Limitation of Liability Indemnification Warranties
