- Consequential damages
In no event shall Valley Electric/Valley Communications be liable to you or any third party for costs of procurement, cover, or substitution goods or services; loss of use, data, equipment, products, business opportunities, or profits; interruption of business; transactions entered into or not entered into; or special, exemplary, indirect, incidental, consequential, reputational, or punitive damages of any kind, however caused and whether arising under contract, warranty, tort (including negligence or strict liability), or any other theory of liability, even if Valley Electric/Valley Communications has been informed in advance of the possibility of-or could have foreseen-such costs, losses, or damages. - Direct damages cap
Except as set forth below, Valley Electric/Valley Communications ‘s total aggregate liability shall not exceed the plan services fees payable hereunder during the 1 month immediately prior to the date of the event(s) giving rise to the liability. The limitation of liability set forth in this sub-section does not apply to:
(I) your liability for gross negligence or willful misconduct; or
(Ii) your liability arising from your actual or alleged breach of sections 1 (911 policy), 6 (acceptable use policy), 11 (number policies), or 4 (customer security policy) of these ToS. - Scope and exceptions
The limitations and exclusions set forth in this section entitled (Limitation of liability):
(I) shall apply to the fullest extent permitted by law,
(II) shall not disclaim, limit, or cap customer’s obligation to pay any fees or charges or other amount owed to Valley Electric/Valley Communications or any damages to which Valley Electric/Valley Communications is Entitled under applicable law for infringement of IP rights,
(Iii) reflect the allocation of risk between the parties, and
(IV) shall survive termination or expiration of the plan services and apply in any and all circumstances, Including without limitation in the event of any failure of the essential purpose of any limited warranty Provided herein.Some jurisdictions do not allow certain limitations of liability, so certain of the foregoing limitations may not apply to you.
Limitation of Liability
