Common use of GPS TECHNOLOGY Clause in Contracts

GPS TECHNOLOGY. The SkyHelp device uses GPS technology to provide location information. The availability and accuracy of this location information depends on a number of factors that are also outside our control and that of our subcontractors. The Center may not have a location for the SkyHelp Device, or may have one that is incorrect. 4.4 HOW TO GET SERVICE: CALL US AT OUR SUBSCRIBER SERVICES DEPARTMENT AND TELL US WHAT IS WRONG WITH THE SKYHELP DEVICE. Our repair and replacement service procedures and policies are set forth on Exhibit A, attached hereto and incorporated by reference herein. 4.5 REPAIR OR REPLACEMENT OF THE SKYHELP DEVICE IS OUR ONLY DUTY UNDER THIS LIMITED WARRANTY. WE MAKE NO OTHER EXPRESS WARRANTY INCLUDING ANY WARRANTY OF MERCHANTABILITY OF THE SKYHELP DEVICE OR ITS FITNESS FOR ANY SPECIAL PURPOSE. WE CANNOT NOT WARRANT THAT THE SKYHELP DEVICE OR SERVICES WILL ALWAYS OPERATE. THIS WARRANTY DOES NOT COVER REPAIRS THAT ARE NEEDED BECAUSE OF AN ACCIDENT, DAMAGE, ACTS OF NATURE, YOUR FAILURE TO PROPERLY USE THE SKYHELP DEVICE, OR IF SOMEONE OTHER THAN US ATTEMPTS TO REPAIR OR CHANGE THE SKYHELP DEVICE, OR ANY OTHER REASON EXCEPT A DEFECT IN THE EQUIPMENT. WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE PROMPTNESS OF OUR RESPONSE, AND WE HAVE NO CONTROL OVER THE RESPONSE TIME OR CAPABILITY OF ANY AGENCY OR PERSON WHO MAY BE NOTIFIED OF AN EMERGENCY. ALL IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE TERM OF THIS EXPRESSED LIMITED WARRANTY. WE ARE NOT LIABLE FOR CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES. YOU AGREE THAT THIS IS OUR ONLY WARRANTY AND WE HAVE GIVEN YOU NO OTHER WARRANTY FOR THE SKYHELP DEVICE. 4.6 STATE LAW: SOME STATES DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR A LIMITATION ON THE DURATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE.

GPS TECHNOLOGY. The SkyHelp SkyAngelGPS device uses GPS technology to provide location information. The availability and accuracy of this location information depends on a number of factors that are also outside our control and that of our subcontractors. The Center may not have a location for the SkyHelp SkyAngelGPS Device, or may have one that is incorrect. 4.4 HOW TO GET SERVICE: CALL US AT OUR SUBSCRIBER SERVICES DEPARTMENT AND TELL US WHAT IS WRONG WITH THE SKYHELP SKYANGELGPS DEVICE. Our repair and replacement service procedures and policies are set forth on Exhibit A, attached hereto and incorporated by reference herein. 4.5 REPAIR OR REPLACEMENT OF THE SKYHELP SKYANGELGPS DEVICE IS OUR ONLY DUTY UNDER THIS LIMITED WARRANTY. WE MAKE NO OTHER EXPRESS WARRANTY INCLUDING ANY WARRANTY OF MERCHANTABILITY OF THE SKYHELP SKYANGELGPS DEVICE OR ITS FITNESS FOR ANY SPECIAL PURPOSE. WE CANNOT NOT WARRANT THAT THE SKYHELP SKYANGELGPS DEVICE OR SERVICES WILL ALWAYS OPERATE. THIS WARRANTY DOES NOT COVER REPAIRS THAT ARE NEEDED BECAUSE OF AN ACCIDENT, DAMAGE, ACTS OF NATURE, YOUR FAILURE TO PROPERLY USE THE SKYHELP SKYANGELGPS DEVICE, OR IF SOMEONE OTHER THAN US ATTEMPTS TO REPAIR OR CHANGE THE SKYHELP SKYANGELGPS DEVICE, OR ANY OTHER REASON EXCEPT A DEFECT IN THE EQUIPMENT. WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE PROMPTNESS OF OUR RESPONSE, AND WE HAVE NO CONTROL OVER THE RESPONSE TIME OR CAPABILITY OF ANY AGENCY OR PERSON WHO MAY BE NOTIFIED OF AN EMERGENCY. ALL IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE TERM OF THIS EXPRESSED LIMITED WARRANTY. WE ARE NOT LIABLE FOR CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES. YOU AGREE THAT THIS IS OUR ONLY WARRANTY AND WE HAVE GIVEN YOU NO OTHER WARRANTY FOR THE SKYHELP SKYANGELGPS DEVICE. 4.6 STATE LAW: SOME STATES DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR A LIMITATION ON THE DURATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE.