7. IEVOLVE MAKES NO WARRANTIES FOR THE SERVICE PROVIDED BELOW, EITHER EXPRESSLY OR IMPLICITLY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES, FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL IEVOLVE BE LIABLE TO THE CUSTOMER FOR ANY INDIRECT, SPECIAL, RANDOM, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES RELATED TO LOSS OR REVENUE, LOSS OF PROFITS OR LOSS OF CUSTOMERS, CUSTOMERS OR GOODWILL RESULTING IN ANY WAY FROM THIS SERVICE AGREEMENT AND/OR THE PROVISION OR NON-PERFORMANCE OF THIS AGREEMENT. The Service Agreement shall be construed, construed and enforced in accordance with the laws of the State of New York, without regard to its conflict of laws rules and/or principles. This Service Agreement is subject to and controlled by the Customer`s General Terms and Conditions of Sale and the Specific Terms of Service which are attached to Annex 1, as these Terms may be amended from time to time and all hereof are expressly included by reference. c. In the event of termination of the services and timely payment of all fees due, IEVOLVE may, at IEVOLVE`s sole and absolute discretion, communicate or transfer the telephone number of the terminated services to the customer`s new provider, if: i. IEVOLVE is informed in writing by the customer of such requested transfer and all necessary information and consents are provided to IEVOLVE; ii. the new service provider is able to accept that number; Iii. the customer making the request has never breached this Service Agreement during the Term; and (iv) the number to be transmitted was not part of a block of numbers defined by IEVOLVE. m.
Installation. The Customer acknowledges that he is the owner of the website on which the i-Communicate Services are installed, or if the Customer is a tenant and not the Owner of the Site, the Customer acknowledges that he has obtained the Owner`s authorization for the installation of services necessary to support this Service Agreement. The customer is also required to secure all licenses, authorizations or routes to complete this installation. has. Special exclusion of liability for emergency services. Although IEVOLVE attempts to provide the 911 services described in the 911 Terms of Service (www.i-evolve.com/company/Legal/911_terms.html) which are attached here and included by reference, IEVOLVE does not offer psap or emergency services under any circumstances. IEVOLVE also has no control over whether or how calls using our 911 voter service receive a response or answer from a local emergency centre. Neither IEVOLVE, nor its officers, nor its employees can be held responsible for any claims, damages or losses resulting from the use of the services by the customer or the non-performance of the services. The customer thus waives any claim or claim of this type resulting from the use or use of the services of contact with the personnel of the emergency services. The Client defends, indemnifies and maintains IEVOLVE, its officers, directors, employees, companies and associated representatives, as well as any other service provider that provides the Client with services, from and against any claims, losses, damages, fines, penalties, costs and expenses (including but not limited to attorneys` fees) by or on behalf of the Client or a third party in connection with the absence, Cancellation or failure of services provided under this Agreement, including in particular all claims resulting from IEVOLVE`s inability to provide emergency services.
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