Huawei M615 Quick Start Guide - Page 7

14. DISCLAIMER OF WARRANTY. (a) DISCLAIMER OF WARRANTY; WIRELESS DEVICES AND RELATED EQUIPMENT. CRICKET DOES NOT MANUFACTURE WIRELESS DEVICES OR RELATED ACCESSORY EQUIPMENT. YOUR WIRELESS DEVICE AND RELATED ACCESSORY EQUIPMENT COME WITH A SEPARATE WRITTEN WARRANTY FROM THE MANUFACTURER. STATEMENTS BY CRICKET OR CRICKET EMPLOYEES AND AGENTS REGARDING THE WIRELESS DEVICE OR RELATED ACCESSORY EQUIPMENT SHOULD NOT BE INTERPRETED AS A WARRANTY BY CRICKET. CRICKET MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SERVICE(S), APPLICATIONS, YOUR WIRELESS DEVICE OR ANY RELATED EQUIPMENT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL CRICKET BE LIABLE FOR ACTUAL, INCIDENTAL, INDIRECT, SPECIAL, TREBLE, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING LOST REVENUES, LOST PROFITS, OR OTHER LOSS BY YOU) ARISING FROM THE MANUFACTURE OR WARRANTY OF THE WIRELESS DEVICE OR RELATED ACCESSORY EQUIPMENT. THIS DISCLAIMER DOES NOT DEPRIVE YOU OF ANY RIGHTS YOU MAY HAVE AGAINST THE MANUFACTURER. WITHOUT LIMITATION, CRICKET WILL NOT BE LIABLE TO YOU IN CONNECTION WITH (1) THE MANUFACTURER'S WARRANTY, (2) ANY ACTIONS OR OMISSIONS OF THE MANUFACTURER, OR (3) ANY MALFUNCTION OR FAILURE OF THE WIRELESS DEVICE OR RELATED ACCESSORY EQUIPMENT. (b) DISCLAIMER OF WARRANTY; SERVICES. CRICKET AND ITS VENDORS AND SUPPLIERS ("CRICKET PARTIES") MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO YOU IN CONNECTION WITH YOUR USE OF THE SERVICE. THE CRICKET PARTIES SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, TREBLE, PUNITIVE, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES (INCLUDING LOST REVENUES, LOST PROFITS, OR OTHER LOSS BY YOU) TO THE FULL EXTENT THE SAME MAY BE DISCLAIMED BY LAW. YOU ACKNOWLEDGE THAT SERVICE INTERRUPTIONS WILL OCCUR FROM TIME TO TIME AND AGREE TO HOLD THE CRICKET PARTIES HARMLESS FOR ALL SUCH INTERRUPTIONS. IN NO EVENT SHALL THE CRICKET PARTIES BE LIABLE FOR ECONOMIC LOSS, PERSONAL INJURIES, OR PROPERTY DAMAGE SUSTAINED BY YOU OR ANY THIRD PARTY ARISING FROM USE OF THE SERVICE OR THIS AGREEMENT. (c) Applications use up memory on your Cricket phone and each phone can only store a limited number of Applications. If you do not have sufficient memory available, you may not be able to download and/or save the Application that you order. Please consult the user manual for your phone to determine the amount of memory required to download the Application you want to purchase, how to delete material or otherwise free up memory on your phone and other information regarding the download, saving and use of Applications. 11 3828B-QSG_PILLAR_ES_D1.indd 11-12 15. TTY. TTY (also known as TDD or Text Telephone) is a telecommunications device that allows people who are deaf, hard of hearing or who have speech or language disabilities to communicate by telephone. If you have a digital wireless phone that is TTY-compatible, it is possible to make calls, including 911 calls, with a TTY. If you have questions concerning the use of your wireless phone, please contact us toll free at 1-800-CRICKET. 16. Lost or Stolen Wireless Device; Phone Replacement Plan. (a) Upon your acceptance of delivery of your wireless device, all risk of loss, damage, theft, or destruction of your device is borne by you. In the event of any loss, damage, theft, or destruction of your phone, in whole or in part, you are responsible for purchasing a replacement device from Cricket at your expense, and you remain responsible for your obligations under this Agreement, including, without limitation, your responsibility for the payment of Service charges. (b) Cricket offers optional device replacement plan coverage for an additional charge. If you selected or are provided with coverage under the device replacement plan, please note that it is provided and administered by a third party, not Cricket. 17. Limitations of Liability. (a) YOU AND WE ARE WAIVING IMPORTANT RIGHTS IN THIS SECTION TO THE FULLEST EXTENT ALLOWED BY LAW. (b) UNLESS THE LAW FORBIDS IT IN ANY PARTICULAR CASE, YOU AGREE TO LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF AGAINST CRICKET AND ITS VENDORS AND SUPPLIERS TO THE LESSER OF: (A) YOUR DIRECT DAMAGES OR (B) ONE MONTH'S SERVICE CHARGES. THIS LIMITATION AND WAIVER WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, NEGLIGENCE, PRODUCTS LIABILITY, OR ANY OTHER THEORY. ADDITIONALLY, UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR RELATED TO PROVIDING OR FAILING TO PROVIDE SERVICES IN CONNECTION WITH A DEVICE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES. (c) By using the Service(s), you agree that the remedies provided under this Agreement are exclusive, and you waive your right to any other remedies that may be available to you at law or in equity. 18. Notices and Contact. (a) Cricket reserves the right to provide notice to you by telephone, short message service, multimedia message service, instant message or voicemail service to the 12 3/24/11 2:24 PM