These limitations of liability constitute waivers of important legal rights. In that regard, you acknowledge that these limitations are integral to the pricing of the services, and that, were we or our service providers to assume any further liability other than as set forth herein, our prices for the services would necessarily be substantially higher. Unless prohibited by applicable law, you agree as follows:
One, you expressly agree that operation and use of your device or the services is at your sole risk. Neither we nor our service providers shall have any liability resulting from, or in any way related to, the use of your device or the services. You agree that you will not in any way hold us or our service providers responsible for any selection or retention of, or the acts or omissions of, other parties in connection the services. You understand that you have no contractual relationship whatsoever with any of our service providers and are not a third party beneficiary of any agreement between us and our service providers, although they may be third party beneficiaries of this agreement. You waive any and all claims or demands you would have if you were a third party beneficiary of any agreement between us and our service providers.
Two, our and our service providers’ maximum, cumulative liability to you under any theory (including but not limited to fraud, misrepresentation, breach of contract, personal injury, or products liability) for any one or more related or unrelated claims is limited to an amount equal to three times what you paid for the services under this agreement as of the date of the earliest event giving rise to your claim(s).
Three, you agree, and we agree, not to make, and to waive to the fullest allowed by law, any claims for (1) punitive damages, (2) treble, consequential, indirect, lost profits, incidental or special damages regardless of whether or not either party was advised of the possibility of such damages, or (3) attorney’s fees. We both agree not to make, and to waive to the fullest extent allowed by law, any claim for damages other than direct, compensatory damages as limited in this agreement.
Four, neither we nor our service providers are liable to you if the services are interrupted, or for problems caused by or contributed to by you, your vehicle (including its electrical system), by any third party, by buildings, hills, tunnels, telecommunications network congestion, weather, interference with satellite transmissions or any other things neither we nor our service providers control. Notwithstanding anything else in this agreement, you agree to excuse any non-performance by us or our service providers caused in whole or in part by an act or omission of a third party, or by any equipment failure, act of god, natural disaster, strike, equipment or facility shortage, or other causes beyond our control or the control of our service providers.
Five, neither we nor our service providers can promise that any data or information supplied will be error-free. All data and information is provided to you on an “as is” basis. You agree that neither we nor any service provider who monitors, processes, or sends or receives you data or information through your device or the services is liable for any errors, defects, problems, or mistakes in that data or information. This means you cannot recover any damages of any kind, including consequential (such as lost revenues or lost contracts), indirect, incidental, special, or punitive damages for those errors, defects, problems, or mistakes. The foregoing limitation of liability covers, without limitation, “angel services” whereby you communicate verbally with us or our service providers for special assistance in utilizing the services.
Six, to provide you with the services, we must enter into agreements with telecommunications carriers operating cellular and satellite networks and other service providers using technology compatible with the particular device you purchased. Neither we nor our service providers are liable if the services become unavailable or are interrupted because a service provider terminates its agreement with us or stops providing service to us, or does anything that renders your device obsolete or incompatible with the technology used by us or any of our other service providers.
Seven, you agree that the limitations of liability and indemnities in this agreement will survive termination or expiration of this agreement and apply to you as well as anyone using your vehicle or the services, anyone making a claim on your behalf, and any claims made by anyone associated with you and arising out of or relating to the services.
Eight, the services are not a substitute for insurance. You promise that you will obtain and maintain appropriate insurance covering personal injury, loss of property, and other risks for yourself and for anyone else claiming under you. You hereby release and discharge us and our service providers from and against all hazards covered by your insurance. No insurance company or insurer will have any right of subrogation against us or our service providers.