Common use of Provisions of Service Clause in Contracts

Provisions of Service. The Service is provided on an “As Is” and “As Available” basis. ▇▇▇▇ does not warrant that the Service will perform at any particular speed or provide any specific bandwidth or throughput, or that transactions through the Service will be uninterrupted, error-free or secure. ▇▇▇▇ disclaims any and all warranties for the Service and any equipment provided in connection therewith (including any Antenna), whether express or implied, including any warranty of merchantability or fitness for a particular purpose, all of which are expressly excluded. In no event shall ▇▇▇▇ be liable for any indirect, special, consequential or incidental damages, including damages for lost profits or revenues, or any damages for lost or damages files or data, or any damages attributable to the use or inability to use the Service or any information obtained thereby, even if ▇▇▇▇ has been informed of the possibility or likelihood of such damages. ▇▇▇▇’▇ maximum liability in the aggregate to you for any and all claims, regardless of form or cause of action shall be limited in any and all events to Three Hundred ($300.00) Dollars. The limitations, exclusions, maximum liability provisions and disclaimers in this Section (Collectivity, the “Limitations”) apply to all claims by you irrespective of the cause of action underlying your claim, including warranty, breach of contract, product liability or product dissatisfaction or any form or tort, including allegations of ▇▇▇▇’▇ negligence or misrepresentation. You shall never assert claims against ▇▇▇▇ if those claims are barred by the Limitations or the provisions of this Agreement and agree that any such claims shall be subject to immediate dismissal.