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3.3.1 |
Liability (Cont'd)
c. Any claim, loss, expense or damage (including, but not limited
to, reasonable attorney's fees and expenses) for personal injury or death
of any person caused directly or indirectly by the installation, maintenance,
location, condition, operation, failure, presence, use or removal of equipment
or wiring provided by the Company, if not caused by negligence of the Company;
and/or
d. Any use by the Customer of the Company's products or services which
use has been restricted or limited by action of a government agency having
jurisdiction over the Customer, the Company or its products or services.
3.3.1.5 All or a portion of the service provided pursuant to this price
list may be provided over facilities of third parties, and the Company
shall not be liable to the Customer or any other person, firm or entity
in any respect whatsoever arising out of errors or defects caused by such
third parties.
3.3.1.6 Where any claim arises out of the Company acting as a Resp.
Org. or where the Company's services are not made available on the date
committed to the Customer, or cannot otherwise be made available after
the Company's acceptance of the Customer's order, or is provided with a
number(s) other than the one(s) committed by the Company to the Customer,
or the number(s) is not included in the Directory Assistance or is included
in an incorrect form, or Vertical Features are not obtained or are obtained
in error, and any such failure(s) is due solely to the negligence of the
Company, in such case the Company's liability, if any, is limited to the
lesser of (a) the actual monetary damages incurred and proved by the Customer
as the direct result of such failure(s), or (b) the sum of $1,000.00.
3.3.1.7 The Company shall not be liable for the use, misuse or abuse
of a Customer's service by third parties, including, without limitation,
the Customer's employees or members of the public who dial the Customer's
telephone number in error. Compensation for any injury the Customer may
suffer due to the fault of others must be sought from such other parties.
3.3.1.8 Not withstanding Section 3.3.1.5, in the event that the Company
causes the misrouting of calls, the Company's sole liability shall be to
provide a credit equal to the charges for the affected calls.
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