propriate to conform to the law or comply with legal process served on Danger or its service partners,
to protect and defend the rights or property of Danger, the Service, Danger’s service partners or end-
users, whether or not required to do so by law, or to protect the personal safety of our end-users or the
public.
6. Termination. You agree that Danger or its service partners, in their sole discretion, may immediately
terminate your access to the Service (whether directly or through your wireless carrier) if they believe
that you have violated the terms and conditions of this Agreement. You agree that any termination of
your access to the Service may be effected without prior notice, and acknowledge and agree that,
upon termination, Danger and its service partners may immediately deactivate or delete your account
and all related information, emails, files and other data in your account and/or bar any further access
to such files or the Service. Further, you agree that neither Danger nor its service partners shall be
liable to you for any termination of your access to the Service hereunder.
7. NO WARRANTIES. THE SERVICE AND SOFTWARE ARE PROVIDED BY DANGER ON AN “AS IS”
BASIS. DANGER, ITS SUPPLIERS AND SERVICE PROVIDERS HEREBY DISCLAIM ALL REPRESENTA-
TIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, RELATING
TO THE SERVICE OR THE SOFTWARE (INCLUDING ANY INFORMATION, CONTENT, MATERIALS OR
PRODUCTS THAT YOU MAY ACCESS THROUGH THE SERVICE), INCLUDING WITHOUT LIMITATION
ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET
ENJOYMENT, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ACCURACY OF INFORMATIONAL
CONTENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT DANGER, ITS SUPPLIERS AND
SERVICE PROVIDERS DO NOT WARRANT OR REPRESENT THAT THE SERVICE OR THE SOFTWARE
WILL MEET YOUR REQUIREMENTS, THAT THE SERVICE OR THE SOFTWARE WILL BE TIMELY, SE-
CURE, UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS IN THE SERVICE OR THE SOFTWARE
WILL BE CORRECTED, THAT ANY CONTENT OR INFORMATION CONTAINED IN THE SERVICE OR
ACCESSED THROUGH YOUR USE OF THE DEVICE WILL BE ACCURATE, COMPLETE, RELIABLE,
OR ERROR-FREE, THAT THE SOFTWARE OR ANY MATERIALS AVAILABLE FOR DOWNLOAD FROM
THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE
SERVICE WILL BE FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD PARTY HACKERS
OR DENIAL OF SERVICE ATTACKS). FURTHER, AS THE WIRELESS CARRIER IS NOT CONTROLLED
BY DANGER, NO WARRANTY IS MADE AS TO COVERAGE, AVAILABILITY OR GRADE OF SERVICE
PROVIDED BY THE WIRELESS CARRIER. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY
NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY. IN NO EVENT SHALL DANGER, ITS SUPPLIERS OR SERVICE PROVID-
ERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR OTHER
PECUNIARY LOSS) RESULTING FROM YOUR ACCESS TO, OR USE OR INABILITY TO USE THE
SERVICE OR SOFTWARE (INCLUDING AS A RESULT OF AN OUTAGE OF THE SERVICE PROVIDED
BY YOUR WIRELESS CARRIER OR ANY OTHER THIRD-PARTY SERVICE PROVIDER, OR WITH
RESPECT TO THE INFORMATION, SERVICES, CONTENT OR ADVERTISEMENTS CONTAINED ON
OR OTHERWISE ACCESSED THROUGH THE SERVICE. IN NO EVENT WILL DANGER, ITS SUPPLI-
ERS OR SERVICE PROVIDERS BE LIABLE TO YOU IN CONNECTION WITH THE SERVICE OR THE
SOFTWARE FOR ANY DAMAGES IN EXCESS OF TWO HUNDRED U.S. DOLLARS (U.S. $200).
Legal Information 91
