Common use of Remedies and Limitation of Liability Clause in Contracts

Remedies and Limitation of Liability. RIDGEVILLE TELEPHONE COMPANY'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SOFTWARE PROVIDED OR USED BY RIDGEVILLE TELEPHONE COMPANY SHALL BE THE REPLACEMENT OF ANY RIDGEVILLE TELEPHONE COMPANY SOFTWARE FOUND TO BE DEFECTIVE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH RIDGEVILLE TELEPHONE COMPANY IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL RIDGEVILLE TELEPHONE COMPANY'S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE RIDGEVILLE TELEPHONE COMPANY SERVICES EXCEED THE TOTAL AMOUNT OF RIDGEVILLE TELEPHONE COMPANY AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE RIDGEVILLE TELEPHONE COMPANY SERVICES, SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR MEMBERSHIP WITH RIDGEVILLE TELEPHONE COMPANY. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF RIDGEVILLE TELEPHONE COMPANY HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, RIDGEVILLE TELEPHONE COMPANY AND ITS SUPPLIER'S LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. EXCEPT FOR OFFERS EXPRESSLY MADE OR GUARANTEED BY RIDGEVILLE TELEPHONE COMPANY, RIDGEVILLE TELEPHONE COMPANY AND ITS SUPPLIERS DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH RIDGEVILLE TELEPHONE COMPANY AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Remedies and Limitation of Liability. RIDGEVILLE TELEPHONE COMPANYRTEC COMMUNICATIONS'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SOFTWARE PROVIDED OR USED BY RIDGEVILLE TELEPHONE COMPANY RTEC COMMUNICATIONS SHALL BE THE REPLACEMENT OF ANY RIDGEVILLE TELEPHONE COMPANY RTEC COMMUNICATIONS SOFTWARE FOUND TO BE DEFECTIVE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH RIDGEVILLE TELEPHONE COMPANY RTEC COMMUNICATIONS IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL RIDGEVILLE TELEPHONE COMPANYRTEC COMMUNICATIONS'S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE RIDGEVILLE TELEPHONE COMPANY RTEC COMMUNICATIONS SERVICES EXCEED THE TOTAL AMOUNT OF RIDGEVILLE TELEPHONE COMPANY RTEC COMMUNICATIONS AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE RIDGEVILLE TELEPHONE COMPANY RTEC COMMUNICATIONS SERVICES, SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR MEMBERSHIP WITH RIDGEVILLE TELEPHONE COMPANYRTEC COMMUNICATIONS. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF RIDGEVILLE TELEPHONE COMPANY RTEC COMMUNICATIONS HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, RIDGEVILLE TELEPHONE COMPANY RTEC COMMUNICATIONS AND ITS SUPPLIER'S LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. EXCEPT FOR OFFERS EXPRESSLY MADE OR GUARANTEED BY RIDGEVILLE TELEPHONE COMPANYRTEC COMMUNICATIONS, RIDGEVILLE TELEPHONE COMPANY RTEC COMMUNICATIONS AND ITS SUPPLIERS DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH RIDGEVILLE TELEPHONE COMPANY RTEC COMMUNICATIONS AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Remedies and Limitation of Liability. RIDGEVILLE TELEPHONE COMPANY'S ENTIRE Limitation of Liability and Indemnification: SELLER HAS NO LIABILITY FOR PROSPECTIVE PROFITS, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND. UNDER NO CIRCUMSTANCES SHALL SELLER’S LIABILITY RELATING TO THIS AGREEMENT, THE PRODUCTS OR SERVICES BE GREATER THAN THE PRICE PAID BY BUYER FOR THOSE PRODUCTS. BUYER ASSUMES ALL RISK AND YOUR EXCLUSIVE REMEDY LIABILITY FOR LOSS, DAMAGE OR INJURY TO PERSONS Terms and Conditions of Sale OR PROPERTY OF BUYER OR OTHERS ARISING OUT OF USE OR POSSESSION OF ANY PRODUCTS SOLD HEREUNDER. BUYER (AS "INDEMNIFYING PARTY") SHALL INDEMNIFY, HOLD HARMLESS, AND DEFEND SELLER AND ITS MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND PERMITTED ASSIGNS (COLLECTIVELY, "INDEMNIFIED PARTY") AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING PROFESSIONAL FEES AND ATTORNEYS' FEES, THAT ARE INCURRED BY INDEMNIFIED PARTY (COLLECTIVELY, "LOSSES"), ARISING OUT OF ANY THIRD-PARTY CLAIM ALLEGING: (a) BREACH OR NON- FULFILLMENT OF ANY REPRESENTATION, WARRANTY, OR COVENANT UNDER THIS AGREEMENT BY INDEMNIFYING PARTY OR ITS PERSONNEL; (b) ANY NEGLIGENT OR MORE CULPABLE ACT OR OMISSION OF INDEMNIFYING PARTY OR ITS PERSONNEL (INCLUDING ANY RECKLESS OR WILLFUL MISCONDUCT) IN CONNECTION WITH THE PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT; (c) ANY BODILY INJURY, DEATH OF ANY PERSON, OR DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY CAUSED BY THE NEGLIGENT OR MORE CULPABLE ACTS OR OMISSIONS OF INDEMNIFYING PARTY OR ITS PERSONNEL (INCLUDING ANY RECKLESS OR WILLFUL MISCONDUCT); OR (d) ANY FAILURE BY INDEMNIFYING PARTY TO COMPLY WITH ANY APPLICABLE FEDERAL, STATE, OR LOCAL LAWS, REGULATIONS, OR CODES IN THE PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT. Limited Warranty: EXCEPT AS EXPRESSLY STATED IN SELLER’S WRITTEN PRODUCT WARRANTY, SELLER MAKES NO WARRANTIES WHATSOEVER WITH RESPECT TO THE USE PRODUCTS OR SERVICES, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF ANY SOFTWARE PROVIDED MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF TITLE OR USED WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY RIDGEVILLE TELEPHONE COMPANY SHALL BE THE REPLACEMENT LAW, COURSE OF ANY RIDGEVILLE TELEPHONE COMPANY SOFTWARE FOUND TO BE DEFECTIVEDEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH RIDGEVILLE TELEPHONE COMPANY IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL RIDGEVILLE TELEPHONE COMPANY'S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE RIDGEVILLE TELEPHONE COMPANY SERVICES EXCEED THE TOTAL AMOUNT OF RIDGEVILLE TELEPHONE COMPANY AND ITS SUPPLIERS SELLER SHALL NOT BE LIABLE RESPONSIBLE FOR ANY INDIRECTDEFECT CAUSED BY ABUSE, SPECIALMISUSE OR LACK OF MAINTENANCE FOR PRODUCTS AND SERVICES PROVIDED UNDER THIS AGREEMENT. The following items are specifically excluded from this warranty: (i) loss or damage resulting from or caused by normal wear and tear, INCIDENTALweathering or use with incompatible equipment; (ii) loss or damage resulting from or caused by improper maintenance, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE RIDGEVILLE TELEPHONE COMPANY SERVICESimproper handling or storage, SOFTWAREimproper use, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR MEMBERSHIP WITH RIDGEVILLE TELEPHONE COMPANY. THESE EXCLUSIONS FOR INDIRECTabuse, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF RIDGEVILLE TELEPHONE COMPANY HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, RIDGEVILLE TELEPHONE COMPANY AND ITS SUPPLIER'S LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. EXCEPT FOR OFFERS EXPRESSLY MADE OR GUARANTEED BY RIDGEVILLE TELEPHONE COMPANY, RIDGEVILLE TELEPHONE COMPANY AND ITS SUPPLIERS DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH RIDGEVILLE TELEPHONE COMPANY AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICESneglect or operation beyond rated capacity; and (iii) any Product that has been altered or modified in any way not approved by Seller in writing.

Remedies and Limitation of Liability. RIDGEVILLE TELEPHONE COMPANY'S ENTIRE LIABILITY IN THE EVENT THE BUYER CLAIMS THE COMPANY HAS BREACHED ANY OF ITS OBLIGATIONS UNDER THE SALES CONTRACT, WHETHER OF ANY WARRANTY OR OTHERWISE, THE COMPANY MAY BUT HAS NO OBLIGATION TO, REQUEST THE RETURN OF THE PRODUCTS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TENDER TO THE USE BUYER THE PURCHASE PRICE THERETOFORE PAID BY THE BUYER, AND IN SUCH EVENT, THE COMPANY SHALL HAVE NO FURTHER OBLIGATION UNDER THE SALES CONTRACT OF ANY SOFTWARE PROVIDED OR USED BY RIDGEVILLE TELEPHONE TYPE WHATSOEVER EXCEPT TO REFUND SUCH PURCHASE PRICE UPON REDELIVERY OF THE PRODUCTS. IF THE COMPANY SO REQUESTS THE RETURN OF THE PRODUCTS, THE PRODUCTS WILL BE REDELIVERED TO THE COMPANY IN ACCORDANCE WITH THE COMPANY’S INSTRUCTIONS AND AT THE COMPANY’S EXPENSE. THE REMEDIES CONTAINED IN THIS AND THE PRECEDING PARAGRAPH SHALL BE CONSTITUTE THE REPLACEMENT OF ANY RIDGEVILLE TELEPHONE COMPANY SOFTWARE FOUND TO BE DEFECTIVE. YOUR SOLE AND EXCLUSIVE REMEDY RECOURSE OF THE BUYER AGAINST THE COMPANY FOR BREACH OF ANY OTHER DISPUTE WITH RIDGEVILLE TELEPHONE COMPANY IS OF THE CANCELLATION COMPANY’S OBLIGATIONS UNDER THE SALES CONTRACT, WHETHER OF YOUR ACCOUNTANY WARRANTY OR OTHERWISE. IN NO EVENT CASE SHALL RIDGEVILLE TELEPHONE COMPANY'S CUMULATIVE LIABILITY TO YOU THE COMPANY BE LIABLE FOR ANY AND SPECIAL, PUNATIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OR INJURY OF ANY KIND, INCLUDING WITHOUT LIMITATION ECONOMIC LOSS, LOSS OF ANTICIPATED SAVINGS, WASTED OPPORTUNITY, LOSS OF REVENUE, OR LOSS OF PROFITS, WHETHER BASED UPON BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY IS AWARE OF OR NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, LOSS OR INJURY. IN ALL CASES, THE COMPANY’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SALES CONTRACT (INCLUDING WITHOUT LIMITATION THE PERFORMANCE THEREUNDER OR ANY CLAIM OR CLAIMS RELATING TO THE USE PRODUCTS) WHETHER BASED UPON BREACH OF THE RIDGEVILLE TELEPHONE COMPANY SERVICES EXCEED THE TOTAL AMOUNT OF RIDGEVILLE TELEPHONE COMPANY AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECTCONTRACT, SPECIALNEGLIGENCE, INCIDENTALSTRICT LIABILITY, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE RIDGEVILLE TELEPHONE COMPANY SERVICES, SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR MEMBERSHIP WITH RIDGEVILLE TELEPHONE COMPANY. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTIONTORT, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSESLEGAL THEORY, EVEN IF RIDGEVILLE TELEPHONE COMPANY HAD BEEN ADVISED SHALL NOT EXCEED THE CONTRACT PRICE ACTUALLY PAID BY THE BUYER IN RESPECT OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON PRODUCTS TO WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF SUCH LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, RIDGEVILLE TELEPHONE COMPANY AND ITS SUPPLIER'S LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. EXCEPT FOR OFFERS EXPRESSLY MADE OR GUARANTEED BY RIDGEVILLE TELEPHONE COMPANY, RIDGEVILLE TELEPHONE COMPANY AND ITS SUPPLIERS DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH RIDGEVILLE TELEPHONE COMPANY AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICESRELATES.