Common use of Third Party Items and Third Party Services, Linked Sites Clause in Contracts

Third Party Items and Third Party Services, Linked Sites. (i) EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW, THE THIRD PARTY SERVICES AND THIRD PARTY ITEMS ARE NOT UNDER THE CONTROL OF RIM, RIM DOES NOT ENDORSE ANY PARTICULAR THIRD PARTY ITEMS OR THIRD PARTY SERVICES, AND RIM HAS NO RESPONSIBILITY WHATSOEVER FOR YOUR SELECTION, USE, ACCESS, OR IMPLEMENTATION OF THE THIRD PARTY SERVICES OR THIRD PARTY ITEMS. (ii) THE FOREGOING APPLIES REGARDLESS OF: (A) HOW YOU ACQUIRE OR OBTAIN ACCESS TO THIRD PARTY ITEMS AND/OR THIRD PARTY SERVICES, I.E. WHETHER INDEPENDENT OF, OR THROUGH RIM OR YOUR AIRTIME SERVICE PROVIDER; (B) WHETHER ANY SUCH THIRD PARTY ITEMS OR THIRD PARTY SERVICES (INCLUDING AIRTIME SERVICES) ARE REQUIRED IN ORDER TO USE ALL OR ANY PORTION OF YOUR BLACKBERRY SOLUTION; OR (C) WHETHER YOU ACQUIRE OR GAIN ACCESS TO SUCH THIRD PARTY ITEMS AND THIRD PARTY SERVICES BY WAY OF THE HANDHELD PRODUCT, INCLUDING VIA A BROWSER OR RIME STORE SOFTWARE THAT MAY BE SUPPLIED AS PART OF THE BLACKBERRY HANDHELD SOFTWARE, VIA THE AFTER MARKET DOWNLOAD OF BLACKBERRY HANDHELD SOFTWARE THAT FACILITATES YOUR ACCESS TO SPECIFIC THIRD PARTY SERVICES AND/OR THIRD PARTY ITEMS, OR BY WAY OF LINKS TO SPECIFIC THIRD PARTY SOFTWARE OR THIRD PARTY WEBSITES AND/OR OTHER THIRD PARTY SERVICES MADE AVAILABLE TO YOU BY ICONS OR BOOKMARKS ON YOUR HANDHELD PRODUCT, OR BY ANY OTHER MEANS WHATSOEVER, INCLUDING ON OTHER WEBSITES OR THROUGH INFORMATION ACCESSED USING YOUR HANDHELD PRODUCT OR PROVIDED TO YOU BY RIM OR AN AIRTIME SERVICE PROVIDER. (iii) WITHOUT LIMITING THE FOREGOING, EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW, ALL THIRD PARTY ITEMS AND THIRD PARTY SERVICES ARE PROVIDED OR MADE ACCESSIBLE BY RIM, OR OTHERWISE USED BY YOU IN CONJUNCTION WITH THE BLACKBERRY SOLUTION, ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY CONDITION, ENDORSEMENT, GUARANTEE, ASSURANCE, REPRESENTATION OR WARRANTY OF ANY KIND, AND RIM SHALL HAVE NO LIABILITY WHATSOEVER TO YOU OR ANY THIRD PARTY CLAIMING BY OR THROUGH YOU, FOR ANY ISSUE RELATING TO THE THIRD PARTY ITEMS, OR THIRD PARTY SERVICES, INCLUDING: (A) THE ACCURACY, TRANSMISSION, TIMELINESS OR CONTINUED AVAILABILITY OF SUCH THIRD PARTY ITEMS, OR THIRD PARTY SERVICES, OR OF ANY PORTION OF THE SOFTWARE THAT IS DESIGNED SOLELY TO ENABLE SUCH ACCESS; (B) THE PERFORMANCE OR NON-PERFORMANCE OF THE THIRD PARTY ITEMS, OR THIRD PARTY SERVICES; OR (C) THE INTEROPERABILITY OF THE THIRD PARTY ITEMS, OR THE THIRD PARTY SERVICES WITH ALL OR A PORTION OF YOUR BLACKBERRY SOLUTION; OR (D) THE ACTS OR OMISSIONS OF ANY THIRD PARTY IN CONNECTION WITH THE THIRD PARTY ITEMS OR THIRD PARTY SERVICES, INCLUDING, IN RESPECT OF A THIRD PARTY’S USE OF YOUR DATA. (iv) WITHOUT LIMITING THE FOREGOING, EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW, YOU SPECIFICALLY AGREE THAT RIM IS NOT RESPONSIBLE OR LIABLE FOR, ANY VIRUSES, OR ANY THREATENING, DEFAMATORY, OBSCENE, TORTIOUS, OFFENSIVE OR ILLEGAL THIRD PARTY SERVICES, THIRD PARTY ITEMS OR FOR ANY THIRD ITEMS OR THIRD PARTY SERVICES OR THE TRANSMISSION THEREOF, THAT INFRINGE ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. YOUR RECOURSE IN THE EVENT OF ANY SUCH CLAIM WITH RESPECT TO ANY THIRD PARTY ITEMS, OR THIRD PARTY SERVICES, SHALL BE SOLELY AGAINST THE RELEVANT THIRD PARTIES.

Third Party Items and Third Party Services, Linked Sites. (i) EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW, THE THIRD PARTY SERVICES AND THIRD PARTY ITEMS ARE NOT UNDER THE CONTROL OF RIM, RIM DOES NOT ENDORSE ANY PARTICULAR THIRD PARTY ITEMS OR THIRD PARTY SERVICES, AND RIM HAS NO RESPONSIBILITY WHATSOEVER FOR YOUR SELECTION, USE, ACCESS, OR IMPLEMENTATION OF THE THIRD PARTY SERVICES OR THIRD PARTY ITEMS. (ii) THE FOREGOING APPLIES REGARDLESS OF: (A) HOW YOU ACQUIRE OR OBTAIN ACCESS TO THIRD PARTY ITEMS AND/OR THIRD PARTY SERVICES, I.E. WHETHER INDEPENDENT OF, OR THROUGH RIM OR YOUR AIRTIME SERVICE PROVIDER; (B) WHETHER ANY SUCH THIRD PARTY ITEMS OR THIRD PARTY SERVICES (INCLUDING AIRTIME SERVICES) ARE REQUIRED IN ORDER TO USE ALL OR ANY PORTION OF YOUR BLACKBERRY SOLUTION; OR (C) WHETHER YOU ACQUIRE OR GAIN ACCESS TO SUCH THIRD PARTY ITEMS AND THIRD PARTY SERVICES BY WAY OF THE HANDHELD PRODUCT, INCLUDING WITHOUT LIMITATION, VIA A BROWSER OR RIME STORE THE BLACKBERRY APP WORLD SOFTWARE THAT MAY BE SUPPLIED AS PART OF THE BLACKBERRY HANDHELD SOFTWARE, VIA THE AFTER MARKET DOWNLOAD OF BLACKBERRY HANDHELD SOFTWARE THAT FACILITATES YOUR ACCESS TO SPECIFIC THIRD PARTY SERVICES AND/OR THIRD PARTY ITEMS, OR BY WAY OF LINKS TO SPECIFIC THIRD PARTY SOFTWARE OR THIRD PARTY WEBSITES AND/OR OTHER THIRD PARTY SERVICES MADE AVAILABLE TO YOU BY ICONS OR BOOKMARKS ON YOUR HANDHELD PRODUCT, OR BY ANY OTHER MEANS WHATSOEVER, INCLUDING WITHOUT LIMITATION ON OTHER WEBSITES OR THROUGH INFORMATION ACCESSED USING YOUR HANDHELD PRODUCT OR PROVIDED TO YOU BY RIM OR AN AIRTIME SERVICE PROVIDER. (iii) WITHOUT LIMITING THE FOREGOING, EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW, ALL THIRD PARTY ITEMS AND THIRD PARTY SERVICES ARE PROVIDED OR MADE ACCESSIBLE BY RIM, OR OTHERWISE USED BY YOU IN CONJUNCTION WITH THE BLACKBERRY SOLUTION, ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY CONDITION, ENDORSEMENT, GUARANTEE, ASSURANCE, REPRESENTATION OR WARRANTY OF ANY KIND, AND RIM SHALL HAVE NO LIABILITY WHATSOEVER TO YOU OR ANY THIRD PARTY CLAIMING BY OR THROUGH YOU, FOR ANY ISSUE RELATING TO THE THIRD PARTY ITEMS, OR THIRD PARTY SERVICES, INCLUDING, WITHOUT LIMITATION: (A) THE ACCURACY, TRANSMISSION, TIMELINESS OR CONTINUED AVAILABILITY OF SUCH THIRD PARTY ITEMS, OR THIRD PARTY SERVICES, OR OF ANY PORTION OF THE SOFTWARE THAT IS DESIGNED SOLELY TO ENABLE SUCH ACCESS; (B) THE PERFORMANCE OR NON-NON- PERFORMANCE OF THE THIRD PARTY ITEMS, OR THIRD PARTY SERVICES; OR (C) THE INTEROPERABILITY OF THE THIRD PARTY ITEMS, OR THE THIRD PARTY SERVICES WITH ALL OR A PORTION OF YOUR BLACKBERRY SOLUTION; OR (D) THE ACTS OR OMISSIONS OF ANY THIRD PARTY IN CONNECTION WITH THE THIRD PARTY ITEMS OR THIRD PARTY SERVICES, INCLUDING, IN RESPECT OF A THIRD PARTY’S USE OF YOUR DATA. (iv) WITHOUT LIMITING THE FOREGOING, EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW, YOU SPECIFICALLY AGREE THAT RIM IS NOT RESPONSIBLE OR LIABLE FOR, ANY VIRUSES, OR ANY THREATENING, DEFAMATORY, OBSCENE, TORTIOUS, OFFENSIVE OR ILLEGAL THIRD PARTY SERVICES, THIRD PARTY ITEMS OR FOR ANY THIRD PARTY ITEMS OR THIRD PARTY SERVICES OR THE TRANSMISSION THEREOF, THAT INFRINGE ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. YOUR RECOURSE IN THE EVENT OF ANY SUCH CLAIM WITH RESPECT TO ANY THIRD PARTY ITEMS, OR THIRD PARTY SERVICES, SHALL BE SOLELY AGAINST THE RELEVANT THIRD PARTIES.

Third Party Items and Third Party Services, Linked Sites. (i) EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW, THE THIRD PARTY SERVICES AND THIRD PARTY ITEMS ARE NOT UNDER THE CONTROL OF RIM, RIM DOES NOT ENDORSE ANY PARTICULAR THIRD PARTY ITEMS OR THIRD PARTY SERVICES, AND RIM HAS NO RESPONSIBILITY WHATSOEVER FOR YOUR SELECTION, USE, ACCESS, OR IMPLEMENTATION OF THE THIRD PARTY SERVICES OR THIRD PARTY ITEMS. (ii) THE FOREGOING APPLIES REGARDLESS OF: (A) HOW YOU ACQUIRE OR OBTAIN ACCESS TO THIRD PARTY ITEMS AND/OR THIRD PARTY SERVICES, I.E. WHETHER INDEPENDENT OF, OR THROUGH RIM OR YOUR AIRTIME SERVICE PROVIDER; (B) WHETHER ANY SUCH THIRD PARTY ITEMS OR THIRD PARTY SERVICES (INCLUDING AIRTIME SERVICES) ARE REQUIRED IN ORDER TO USE ALL OR ANY PORTION OF YOUR BLACKBERRY SOLUTION; OR (C) WHETHER YOU ACQUIRE OR GAIN ACCESS TO SUCH THIRD PARTY ITEMS AND THIRD PARTY SERVICES BY WAY OF THE HANDHELD PRODUCT, INCLUDING VIA A BROWSER OR RIME ORRIME STORE SOFTWARE THAT MAY BE SUPPLIED AS PART OF THE BLACKBERRY HANDHELD SOFTWARE, VIA THE AFTER MARKET DOWNLOAD OF BLACKBERRY HANDHELD SOFTWARE THAT FACILITATES YOUR ACCESS TO SPECIFIC THIRD PARTY SERVICES AND/OR THIRD PARTY ITEMS, OR BY WAY OF LINKS TO SPECIFIC THIRD PARTY SOFTWARE OR THIRD PARTY WEBSITES AND/OR OTHER THIRD PARTY SERVICES MADE AVAILABLE TO YOU BY ICONS OR BOOKMARKS ON YOUR HANDHELD PRODUCT, OR BY ANY OTHER MEANS WHATSOEVER, INCLUDING ON OTHER WEBSITES OR THROUGH INFORMATION ACCESSED USING YOUR HANDHELD PRODUCT OR PROVIDED TO YOU BY RIM OR AN AIRTIME SERVICE PROVIDER. (iii) WITHOUT LIMITING THE FOREGOING, EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW, ALL THIRD PARTY ITEMS AND THIRD PARTY SERVICES ARE PROVIDED OR MADE ACCESSIBLE BY RIM, OR OTHERWISE USED BY YOU IN CONJUNCTION WITH THE BLACKBERRY SOLUTION, ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY CONDITION, ENDORSEMENT, GUARANTEE, ASSURANCE, REPRESENTATION OR WARRANTY OF ANY KIND, AND RIM SHALL HAVE NO LIABILITY WHATSOEVER TO YOU OR ANY THIRD PARTY CLAIMING BY OR THROUGH YOU, FOR ANY ISSUE RELATING TO THE THIRD PARTY ITEMS, OR THIRD PARTY SERVICES, INCLUDING: (A) THE ACCURACY, TRANSMISSION, TIMELINESS OR CONTINUED AVAILABILITY OF SUCH THIRD PARTY ITEMS, OR THIRD PARTY SERVICES, OR OF ANY PORTION OF THE SOFTWARE THAT IS DESIGNED SOLELY TO ENABLE SUCH ACCESS; (B) THE PERFORMANCE OR NON-PERFORMANCE OF THE THIRD PARTY ITEMS, OR THIRD PARTY SERVICES; OR (C) THE INTEROPERABILITY OF THE THIRD PARTY ITEMS, OR THE THIRD PARTY SERVICES WITH ALL OR A PORTION OF YOUR BLACKBERRY SOLUTION; OR (D) THE ACTS OR OMISSIONS OF ANY THIRD PARTY IN CONNECTION WITH THE THIRD PARTY ITEMS OR THIRD PARTY SERVICES, INCLUDING, IN RESPECT OF A THIRD PARTY’S USE OF YOUR DATA. (iv) WITHOUT LIMITING THE FOREGOING, EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW, YOU SPECIFICALLY AGREE THAT RIM IS NOT RESPONSIBLE OR LIABLE FOR, ANY VIRUSES, OR ANY THREATENING, DEFAMATORY, OBSCENE, TORTIOUS, OFFENSIVE OR ILLEGAL THIRD PARTY SERVICES, THIRD PARTY ITEMS OR FOR ANY THIRD ITEMS OR THIRD PARTY SERVICES OR THE TRANSMISSION THEREOF, THAT INFRINGE ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. YOUR RECOURSE IN THE EVENT OF ANY SUCH CLAIM WITH RESPECT TO ANY THIRD PARTY ITEMS, OR THIRD PARTY SERVICES, SHALL BE SOLELY AGAINST THE RELEVANT THIRD PARTIES.

Third Party Items and Third Party Services, Linked Sites. (i) EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW, THE THIRD PARTY SERVICES AND THIRD PARTY ITEMS ARE NOT UNDER THE CONTROL OF RIMBLACKBERRY, RIM BLACKBERRY DOES NOT ENDORSE ANY PARTICULAR THIRD PARTY ITEMS OR THIRD PARTY SERVICES, AND RIM BLACKBERRY HAS NO RESPONSIBILITY WHATSOEVER FOR YOUR SELECTION, USE, ACCESS, OR IMPLEMENTATION OF THE THIRD PARTY SERVICES OR THIRD PARTY ITEMS. (ii) THE FOREGOING APPLIES REGARDLESS OF: (A) HOW YOU ACQUIRE OR OBTAIN ACCESS TO THIRD PARTY ITEMS AND/OR THIRD PARTY SERVICES, I.E. WHETHER INDEPENDENT OF, OR THROUGH RIM BLACKBERRY OR YOUR AIRTIME SERVICE PROVIDER; OR (B) WHETHER ANY SUCH THIRD PARTY ITEMS OR THIRD PARTY SERVICES (INCLUDING AIRTIME SERVICES) ARE REQUIRED IN ORDER TO USE ALL OR ANY PORTION OF YOUR BLACKBERRY BBM SOLUTION; OR (C) WHETHER YOU ACQUIRE OR GAIN ACCESS TO SUCH THIRD PARTY ITEMS AND THIRD PARTY SERVICES BY WAY OF THE HANDHELD PRODUCT, INCLUDING VIA A BROWSER OR RIME STORE SOFTWARE THAT MAY BE SUPPLIED AS PART OF THE BLACKBERRY HANDHELD SOFTWARE, VIA THE AFTER MARKET DOWNLOAD OF BLACKBERRY HANDHELD SOFTWARE THAT FACILITATES YOUR ACCESS TO SPECIFIC THIRD PARTY SERVICES AND/OR THIRD PARTY ITEMS, OR BY WAY OF LINKS TO SPECIFIC THIRD PARTY SOFTWARE OR THIRD PARTY WEBSITES AND/OR OTHER THIRD PARTY SERVICES MADE AVAILABLE TO YOU BY ICONS OR BOOKMARKS ON YOUR HANDHELD PRODUCT, OR BY ANY OTHER MEANS WHATSOEVER, INCLUDING ON OTHER WEBSITES OR THROUGH INFORMATION ACCESSED USING YOUR HANDHELD PRODUCT OR PROVIDED TO YOU BY RIM OR AN AIRTIME SERVICE PROVIDER. (iii) WITHOUT LIMITING THE FOREGOING, EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW, ALL THIRD PARTY ITEMS AND THIRD PARTY SERVICES ARE PROVIDED OR MADE ACCESSIBLE BY RIMBLACKBERRY, OR OTHERWISE USED BY YOU IN CONJUNCTION WITH THE BLACKBERRY BBM SOLUTION, ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY CONDITION, ENDORSEMENT, GUARANTEE, ASSURANCE, REPRESENTATION OR WARRANTY OF ANY KIND, AND RIM BLACKBERRY SHALL HAVE NO LIABILITY WHATSOEVER TO YOU OR ANY THIRD PARTY CLAIMING BY OR THROUGH YOU, FOR ANY ISSUE RELATING TO THE THIRD PARTY ITEMS, OR THIRD PARTY SERVICES, INCLUDING: (A) THE ACCURACY, TRANSMISSION, TIMELINESS OR CONTINUED AVAILABILITY OF SUCH THIRD PARTY ITEMS, OR THIRD PARTY SERVICES, OR OF ANY PORTION OF THE SOFTWARE THAT IS DESIGNED SOLELY TO ENABLE SUCH ACCESS; (B) THE PERFORMANCE OR NON-PERFORMANCE OF THE THIRD PARTY ITEMS, OR THIRD PARTY SERVICES; OR (C) THE INTEROPERABILITY OF THE THIRD PARTY ITEMS, OR THE THIRD PARTY SERVICES WITH ALL OR A PORTION OF YOUR BLACKBERRY BBM SOLUTION; OR (D) THE ACTS OR OMISSIONS OF ANY THIRD PARTY IN CONNECTION WITH THE THIRD PARTY ITEMS OR THIRD ORTHIRD PARTY SERVICES, INCLUDING, IN RESPECT OF A THIRD PARTY’S USE OF YOUR DATA. (iv) WITHOUT LIMITING THE FOREGOING, EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW, YOU SPECIFICALLY AGREE THAT RIM BLACKBERY IS NOT RESPONSIBLE OR LIABLE FOR, ANY VIRUSES, OR ANY THREATENING, DEFAMATORY, OBSCENE, TORTIOUS, OFFENSIVE OR ILLEGAL THIRD PARTY SERVICES, THIRD PARTY ITEMS OR FOR ANY THIRD PARTY ITEMS OR THIRD PARTY SERVICES OR THE TRANSMISSION THEREOF, THAT INFRINGE ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. YOUR RECOURSE IN THE EVENT OF ANY SUCH CLAIM WITH RESPECT TO ANY THIRD PARTY ITEMSPARTYITEMS, OR THIRD PARTY SERVICES, SHALL BE SOLELY AGAINST THE RELEVANT THIRD PARTIES.

Third Party Items and Third Party Services, Linked Sites. (i) APART FROM ANY RIGHTS THAT YOU MAY HAVE UNDER THE CONSUMER GUARANTEES, EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW, THE THIRD PARTY SERVICES AND THIRD PARTY ITEMS ARE NOT UNDER THE CONTROL OF RIMBLACKBERRY, RIM BLACKBERRY DOES NOT ENDORSE ANY PARTICULAR THIRD PARTY ITEMS OR THIRD PARTY SERVICES, AND RIM BLACKBERRY HAS NO RESPONSIBILITY WHATSOEVER FOR YOUR SELECTION, USE, ACCESS, OR IMPLEMENTATION OF THE THIRD PARTY SERVICES OR THIRD PARTY ITEMS. (ii) THE FOREGOING APPLIES REGARDLESS OF: (A) HOW YOU ACQUIRE OR OBTAIN ACCESS TO THIRD PARTY ITEMS AND/OR THIRD PARTY SERVICES, I.E. WHETHER INDEPENDENT OF, OR THROUGH RIM BLACKBERRY OR YOUR AIRTIME SERVICE PROVIDER; OR (B) WHETHER ANY SUCH THIRD PARTY ITEMS OR THIRD PARTY SERVICES (INCLUDING AIRTIME SERVICES) ARE REQUIRED IN ORDER TO USE ALL OR ANY PORTION OF YOUR BLACKBERRY BBM SOLUTION; OR (C) WHETHER YOU ACQUIRE OR GAIN ACCESS TO SUCH THIRD PARTY ITEMS AND THIRD PARTY SERVICES BY WAY OF THE HANDHELD PRODUCT, INCLUDING VIA A BROWSER OR RIME STORE SOFTWARE THAT MAY BE SUPPLIED AS PART OF THE BLACKBERRY HANDHELD SOFTWARE, VIA THE AFTER MARKET DOWNLOAD OF BLACKBERRY HANDHELD SOFTWARE THAT FACILITATES YOUR ACCESS TO SPECIFIC THIRD PARTY SERVICES AND/OR THIRD PARTY ITEMS, OR BY WAY OF LINKS TO SPECIFIC THIRD PARTY SOFTWARE OR THIRD PARTY WEBSITES AND/OR OTHER THIRD PARTY SERVICES MADE AVAILABLE TO YOU BY ICONS OR BOOKMARKS ON YOUR HANDHELD PRODUCT, OR BY ANY OTHER MEANS WHATSOEVER, INCLUDING ON OTHER WEBSITES OR THROUGH INFORMATION ACCESSED USING YOUR HANDHELD PRODUCT OR PROVIDED TO YOU BY RIM OR AN AIRTIME SERVICE PROVIDER. (iii) WITHOUT LIMITING THE FOREGOING, AND APART FROM ANY RIGHTS THAT YOU MAY HAVE UNDER THE CONSUMER GUARANTEES, EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW, ALL THIRD PARTY ITEMS AND THIRD PARTY SERVICES ARE PROVIDED OR MADE ACCESSIBLE BY RIMBLACKBERRY, OR OTHERWISE USED BY YOU IN CONJUNCTION WITH THE BLACKBERRY BBM SOLUTION, ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY CONDITION, ENDORSEMENT, GUARANTEE, ASSURANCE, REPRESENTATION OR WARRANTY OF ANY KIND, AND RIM BLACKBERRY SHALL HAVE NO LIABILITY WHATSOEVER TO YOU OR ANY THIRD PARTY CLAIMING BY OR THROUGH YOU, FOR ANY ISSUE RELATING TO THE THIRD PARTY ITEMS, OR THIRD PARTY SERVICES, INCLUDING: (A) THE ACCURACY, TRANSMISSION, TIMELINESS OR CONTINUED AVAILABILITY OF SUCH THIRD PARTY ITEMS, OR THIRD PARTY SERVICES, OR OF ANY PORTION OF THE SOFTWARE THAT IS DESIGNED SOLELY TO ENABLE SUCH ACCESS; (B) THE PERFORMANCE OR NON-PERFORMANCE OF THE THIRD PARTY ITEMS, OR THIRD PARTY SERVICES; OR (C) THE INTEROPERABILITY OF THE THIRD PARTY ITEMS, OR THE THIRD PARTY SERVICES WITH ALL OR A PORTION OF YOUR BLACKBERRY BBM SOLUTION; OR (D) THE ACTS OR OMISSIONS OF ANY THIRD PARTY IN CONNECTION WITH THE THIRD PARTY ITEMS OR THIRD ORTHIRD PARTY SERVICES, INCLUDING, IN RESPECT OF A THIRD PARTY’S USE OF YOUR DATA. (iv) WITHOUT LIMITING THE FOREGOING, AND APART FROM ANY RIGHTS THAT YOU MAY HAVE UNDER THE CONSUMER GUARANTEES, EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW, YOU SPECIFICALLY AGREE THAT RIM BLACKBERY IS NOT RESPONSIBLE OR LIABLE FOR, ANY VIRUSES, OR ANY THREATENING, DEFAMATORY, OBSCENE, TORTIOUS, OFFENSIVE OR ILLEGAL THIRD PARTY SERVICES, THIRD PARTY ITEMS OR FOR ANY THIRD PARTY ITEMS OR THIRD PARTY SERVICES OR THE TRANSMISSION THEREOF, THAT INFRINGE ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. YOUR RECOURSE IN THE EVENT OF ANY SUCH CLAIM WITH RESPECT TO ANY THIRD PARTY ITEMS, OR THIRD PARTY SERVICES, SHALL BE SOLELY AGAINST THE RELEVANT THIRD PARTIES.