Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that the registry will operate without interruption or be error free.
The registry is provided "as is," without any warranty or representations of any kind, whether express, implied or statutory. No oral or written information or advice given by PulsePoint or any third party shall create any warranty of any kind. This includes without limitation oral or written information or advice provided by PulsePoint, its partners, any parties operating emergency call centers ("ECCs") or entities licensing, installing, configuring, maintaining, or supplying all or part of the registry to users. To the maximum extent permitted by law, PulsePoint, on behalf of itself and its licensors and suppliers, expressly disclaim all such warranties and representations including merchantability and fitness for purpose. Without limiting the foregoing, PulsePoint provides no guarantee that the registry will (i) be compatible with all systems, computers, or mobile devices, (ii) provide adequate notifications, (iii) not be compromised, circumvented, or interrupted when sending or receiving information or notifications to or from a partner or ECC related to activation, use, alerts, or deactivation, or (iv) prevent any personal injury. You acknowledge that the availability and functionality of the registry is dependent on your configuration, your use, and a variety of third-parties and technologies over which PulsePoint has no control and does not warrant, including, for example, your computer, mobile device, internet service provider, satellite provider, mobile device carrier, and public safety answering point.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL PULSEPOINT OR ITS CONTENT PROVIDERS, CUSTOMERS, SPONSORS, AFFILIATES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE NATIONAL EMERGENCY AED REGISTRY OR SUPPORTING REGISTRY PRODUCTS, TOOLS, AND RESOURCES HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF PULSEPOINT OR ITS CONTENT PROVIDERS, CUSTOMERS, SPONSORS, AFFILIATES, AGENTS, OFFICERS, OR DIRECTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
In no event shall PulsePoint or its content providers, customers, sponsors, affiliates, agents, officers or directors’ total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
If you have any questions about this information, please contact us at info@near-registry.org.