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property or the safety of you or others.
Warranty
We make no representation or warranty, either expressly or tacitly, for the completeness or
correctness of the service. The use of the service is at your own risk. We assume no liability
for or relating to the delay, failure, interruption or corruption of any voice, call quality, or
data transmitted on a device while using 5Star. While we strive to ensure that the service
is provided without interruption and is accurate and reliable, we make no warranties or
representations as to the accuracy, correctness, reliability or otherwise with respect to the
service and we assume no liability or responsibility of any kind for omissions or errors in the
service.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EITHER
EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR THIRD PARTIES’
RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUS.
Specically, we and our afliates make no representations or warranties about the accuracy,
reliability, completeness including errors or omissions, currentness or timeliness of content,
software, text, graphics, links, or communications provided on or through the use of the
service.
Limitations of Liability
You and 5Star are each waiving important rights. Unless forbidden by law in a particular
instance, we each agree as follows: (1) we are not liable for the actions or inactions of any
service provider we contact for you, or for our inability to contact any service provider in any
particular situation, (2) we are not liable to you for any injuries to persons or property arising
out of or relating to your use of the 5Star service, (3) our maximum liability to you under any
theory (including but not limited to fraud, misrepresentation, breach of contract, personal
injury, or products liability) is limited to an amount equal to the portion of the charges to
you for the services relating to the period of service during which such damages occur, (4)
unless otherwise provided in this agreement, your maximum liability to us under any theory
(including but not limited to fraud, misrepresentation, breach of contract, personal injury,
or products liability) is limited to any charges due and owing by you to us, (5) neither you
nor we can recover punitive damages, treble, consequential, indirect, or special damages,
or attorney’s fees. You and we 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, (6) no one is liable to you for dropped calls or interrupted service, or for problems
caused by or contributed to by you, by any third party, by buildings, hills, tunnels, network
congestion, weather, or any other things we do not control, (7) notwithstanding anything else
in this agreement, you agree to excuse any non-performance by us or any service provider
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 the
control of us or our service providers, (8) you agree that neither we nor any service provider
who sends you data or information through 5Star is liable for any errors, defects, problems,
or mistakes in that data or information, and (9) you agree that the limitations of liability
and indemnities in this agreement will survive even after the agreement has ended. These
limitations of liability apply not only to you, but to anyone using the 5Star service on your
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