You acknowledge that Peopleline shall not be liable for any delay or failure to provide the Service, including 9-1-1 dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:
1.) act or omission of an underlying carrier, service provider, vendor or other third party;
2.) equipment, network or facility failure;
3.) equipment, network or facility upgrade or modification;
4.) force majeure events such as (but not limited to) acts of god; strikes; fire; war; riot; government actions;
5.) equipment, network or facility shortage;
6.) equipment or facility relocation;
7.) scheduled network or equipment maintenance;
8.) service, equipment, network or facility failure caused by the loss of power to you;
9.) outage of your ISP or broadband service provider;
10.) failure of local network equipment such as Internet modems, routers, phones, computers, phone adapters, software/firewalls, or cables;
11.) act or omission of you or any person using the Service or Device provided to you; or
12.) slow or congested network on your local network
13.) slow or congested network of your Internet Service Provider or the Public Internet
14.) any other cause that is beyond Peopleline's control, including without limitation a failure of or defect in any VoIP Device or phone, the failure of an incoming or outgoing communication, the inability of communications (including without limitation 911 dialing) to be connected or completed, or degradation of voice quality.
Peopleline's aggregate liability for (i) any failure or mistake; (ii) any claim with respect to Peopleline's performance or non-performance hereunder or (iii) any Peopleline act or omission in connection with the subject matter hereof shall in no event exceed Peopleline's Service charges with respect to the affected time period.
No Consequential Damages: In no event shall Peopleline, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services to you in connection with the Service be liable for any incidental, indirect, special, punitive, exemplary or consequential damages, or for any damages, including but not limited to loss of data, loss of revenue or profits, or arising out of or in connection with the use or inability to use the Service, including inability to be able to dial 9-1-1 or to access emergency service personnel through the Service. The limitations set forth herein apply to claims founded in breach of contract, breach of warranty, products liability, tort and any and all other theories of liability and apply whether or not Peopleline was informed of the likelihood of any particular type of damages.