8. Warranties and Limitation of Liability
Please note that the term βchatr Partiesβ includes chatr and its affiliates, partners, licensors, dealers, representatives, suppliers and agents (and their respective employees, officers, directors, shareholders and representatives).
a. Are there any warranties on the Equipment?
The Equipment may be covered by a manufacturerβs or other warranty. Please see the materials accompanying your Equipment for warranty information and details, including coverage, duration and how you may make a claim under the warranty. There may also be optional Equipment protection programs made available to you from time to time.
b. Are there any warranties on the Services?
The Services that chatr provides may be impacted by factors beyond chatrβs reasonable control. For this reason, you acknowledge and understand that the Services or access to the Services, including 9-1-1, public alerts or accessibility services, may not function correctly or at all in the following circumstances:
i. if your Equipment fails, is not configured correctly or does not meet chatrβs requirements;
ii. if you install certain third party applications on your Equipment;
iii. in the event of a network outage or extended power failure;
iv. if you tamper with or, in some cases, move the Equipment; or
v. following suspension or cancellation of your Services or account.
To the maximum extent permitted by applicable law:
i. the chatr Parties do not guarantee or warrant the performance, availability, coverage, uninterrupted use, security, pricing or operation of the Services, the Equipment (except towards residents of QuΓ©bec* in accordance with statutory warranties) or any products, content, applications, software, services, facilities, connections or networks used or provided by us or third parties (collectively, the βOfferingβ);
ii. chatr may limit the amount of an Offering that you may purchase;
iii. you bear the entire risk as to the use, access, transmission, availability, reliability, timeliness, quality, security and performance of the Offering;
iv. the chatr Parties do not make any express or implied representations, warranties or conditions, including warranties of title or non-infringement, or implied warranties of merchantable quality or fitness for a particular purpose, with regard to the Offering.
Not applicable to Residents of QuΓ©bec*:
v. all representations, warranties and conditions of any kind, express or implied, are excluded;
vi. no advice or information, whether oral or written, that you obtain from the chatr Parties creates any term, condition, representation or warranty not expressly stated in an Agreement.
c. How does chatr limit its liability?
Unless otherwise specifically set out in an Agreement, to the maximum extent permitted by applicable law, and except towards Residents of QuΓ©bec* for damages resulting from a chatr Partyβs own act, the chatr Parties will not be liable to you or to any third party for:
i. Not applicable to Residents of QuΓ©bec*: any direct, indirect, special, consequential, incidental, economic or punitive damages (including loss of profit or revenue; financial loss; loss of business opportunities; loss, destruction or alteration of data, files or software; breach of privacy or security; property damage; personal injury; death; or any other foreseeable or unforeseeable loss, however caused) resulting or relating directly or indirectly from or relating to the Offering or any advertisements, promotions or statements relating to any of the foregoing, even if we were negligent or were advised of the possibility of such damages;
ii. Applicable only to Residents of QuΓ©bec*: any damages (including loss of profit or revenue; financial loss; loss of business opportunities; loss, destruction or alteration of data, files or software; breach of privacy or security; or property damage) resulting or relating directly or indirectly from or relating to the Offering;
iii. any Offering provided to you or accessible by you through the Services, any charges incurred in connection with such Offering or anything that is or can be done with such Offering even if you are billed for such Offering;
iv. the performance, availability, reliability, timeliness, quality, coverage, uninterrupted use, security, pricing or operation of the Offering;
v. any error, inclusion or omission relating to any telephone listings or directories;
vi. the denial, restriction, blocking, disruption or inaccessibility of any Services, including 9-1-1, public alerts or accessibility services, Equipment or identifiers (including phone numbers);
vii. any lost, stolen, damaged or expired Equipment, identifiers, passwords, codes, benefits, discounts, rebates or credits;
viii. any unauthorized access or changes to your account or Equipment, or the use of your account or Equipment by others to authenticate, access or make changes to an account you may have with a third party, such as a social media or financial account, including changing passwords or transferring or withdrawing funds;
ix. any error, omission or delay in connection with the transfer of phone numbers to or from another telecommunications service provider, or any limitation connected to that transfer or that telecommunications service provider;
x. any acts or omissions of a telecommunications carrier whose facilities are used to establish connections to points that we do not serve; or
xi. any claims or damages resulting directly or indirectly from any claim that the use, intended use or combination of the Offering or any material transmitted through the Services infringes the intellectual property, industrial, contractual, privacy or other rights of a third party.
Not applicable to Residents of QuΓ©bec*: These limits are in addition to any other limits on the chatr Partiesβ liability set out elsewhere in an Agreement and apply to any act or omission of the chatr Parties, whether or not the act or omission would otherwise be a cause of action in contract, tort or pursuant to any statute or other doctrine of law.
d. Are there any additional limitations of liability that apply to 9-1-1 emergency services?
We are not liable for:
i. libel, slander, defamation or the infringement of copyright arising from material or messages transmitted over our network from your property or premises or recorded by your equipment or our equipment;
ii. damages arising out of your act, default, neglect or omission in the use or operation of equipment that we provide;
iii. damages arising out of the transmission of material or messages over our network on your behalf, which is in any way unlawful; or
iv. any act, omission or negligence of other companies or telecommunications systems when their facilities are used in establishing connections to or from your facilities and equipment. Except in cases where negligence on our part results in physical injury, death or damage to your property or premises, our liability for negligence related to the provision of 9-1-1 emergency services on a mandatory basis is limited to the greater of $20 and 3 times the amount, if any, you would otherwise be entitled to receive as a refund for the provision of defective Service under an Agreement. However, our liability is not limited by this Section in cases of deliberate fault, gross negligence or anticompetitive conduct on our part or in cases of breach of contract where the breach results from our gross negligence.
e. Are there any circumstances under which I would have to compensate chatr?
You will indemnify and hold harmless the chatr Parties from and against any claims, losses, damages, costs and expenses (including, without limitation, reasonable legal fees and other litigation expenses) incurred by the chatr Parties relating to your violation, alleged violation or misappropriation of any intellectual property, industrial, contractual, privacy or other rights of a third party or any alleged libel or slander by a third party against you.