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THIRD PARTY PRODUCTS AND SERVICES. EXCEPT FOR THE LIMITED PHONE WARRANTY PROVIDED BY WHERIFY WIRELESS AS DESCRIBED ABOVE, WHERIFY WIRELESS, INC. MAKES NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH, AND SHALL HAVE NO LIABILITY OR RESPONSIBILITY OF ANY KIND ARISING OUT OF OR RESULTING FROM, ANY PRODUCTS OR SERVICES OF A THIRD PARTY (INCLUDING LOCATION SERVICES PROVIDED BY ANY THIRD PARTY AND WHETHER OR NOT THE PRODUCT OR SERVICE IS PROVIDED UNDER AUTHORITY OF WHERIFY); ANY FAILURE OF SUCH PRODUCTS OR SERVICES; OR ANY FAILURE OF THE WHERIFONE GPS LOCATOR PHONE TO WORK WITH SUCH PRODUCTS OR SERVICES. EACH THIRD PARTY IS SOLELY RESPONSIBLE FOR ITS PRODUCTS AND SERVICES, WHETHER OR NOT BASED UPON THE WHERIFY TECHNOLOGY.
NO OTHER WARRANTIES: No warranty is provided by Wherify on behalf of any other party or for any products or accessories that are not supplied by Wherify.
THIS LIMITED WARRANTY AND REMEDY, INCLUDING THE LIMITATIONS AND EXCLUSIONS HEREIN, IS THE EXCLUSIVE WARRANTY AND REMEDY PROVIDED BY WHERIFY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT. ALL OTHER WARRANTIES ARE HEREBY DISCLAIMED AND EXCLUDED, AND WHERIFY SHALL HAVE NO OTHER RESPONSIBILITY OR LIABILITY FOR A FAILURE TO COMPLY WITH ANY WARRANTY. THIS WARRANTY MAY NOT BE AMENDED OR SUPPLEMENTED EXCEPT IN A WRITING ISSUED AND SIGNED BY AN EXECUTIVE OF WHERIFY AT THE VICE PRESIDENT LEVEL OR HIGHER. THE WARRANTY AND REMEDY SET FORTH HEREIN REPRESENTS AN ALLOCATION OF RISK BETWEEN CUSTOMER AND WHERIFY THAT IS REFLECTED IN THE PURCHASE PRICE OF THE PHONE.
LIMITATION AND DISCLAIMER OF LIABILITY: IN NO EVENT SHALL WHERIFY BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO THE PHONE, THE USER GUIDE, OR THIS WARRANTY, WHETHER ARISING FROM CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO COST OF SUBSTITUTE GOODS, LOSS OF USE, OR ANY OTHER EFFECTS OR RESULTS OF ANY USE OR LOSS OF USE. WHERIFY’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THIS WARRANTY, THE PHONE, AND THE USER GUIDE SHALL NOT EXCEED THE PURCHASE PRICE PAID BY THE CUSTOMER (LESS A REASONABLE USAGE
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