Limitations of Service
Remtrol, Inc. will use commercially reasonable efforts to provide Subscriber (and, where
applicable, its Users) with the Service, subject to conditions generally beyond the control of
Remtrol, Inc., including the type and condition of the equipment (personal computer modem, etc.)
of Subscriber or its Users. Service may be temporarily unavailable or limited because of capacity
limitations and may be temporarily interrupted because of equipment modifications, upgrades,
relocations, repairs, and similar activities. Subscriber and its Users will use the Service in
accordance with the terms and conditions of this Agreement.
There are no automatic credits, reductions, or setoff against the charges for Service for downtime or
interruption of Service unless the Service interruption exceeds 24 hours in duration. Remtrol, Inc.
shall provide Subscriber with a credit equal to 1/30 of the recurring monthly charge for Service for
each 24-hour period of interruption from the time of notice of interruption until Service restoration,
provided Subscriber notifies Remtrol, Inc. of the Service interruption. No adjustments shall be
made by accumulating periods of non-continuous interruption. No credit allowance will be given
for mistakes, omissions, interruptions, delays, errors, or defects in the Service caused by the
negligence or willful act of Subscriber, its Users or third parties, or mistakes, omissions,
interruptions, delays, errors or defects caused by failure of equipment of the Service as described in
Section 2. Remtrol, Inc. at its discretion may choose to offer credits or discounts for other
interruptions of Service.
a. Remtrol, Inc. shall not be liable for interruptions, performance degradation or other deficiencies
in the Service resulting from failure of equipment or services not provided by Remtrol, Inc., failure
of communications power outages, or other matters not within the complete control of Remtrol,
Inc., including, without limitation, failure of equipment of Subscriber or a User, user error, labor
unrest, government orders, civil disturbance, acts of God, or other conditions or circumstances
beyond Remtrol, Inc.'s reasonable control.
b. Remtrol, Inc. shall not be liable if changes in operations, procedures, or services require
modification or alteration of Subscriber's or its Users' equipment, render that equipment obsolete,
or otherwise adversely affect its performance or operation.
c. The credit against the monthly fees for outages in excess of 24 hours set forth in Section 14 of
this Agreement shall be the exclusive remedy for any interruptions of Service.
d. In no event shall Remtrol, Inc. be liable for any incidental, direct, indirect, special,
consequential, or punitive damages, including, but not limited to, loss of profits, loss of business or
business opportunity, loss of use, or loss of data and the like. In no event shall Remtrol, Inc.'s
liability for any cause or claim of any kind, whether in contract or in tort or under any other legal
theory (including negligence) exceed the charges paid by Subscriber under this Agreement for the
Service during the period such damages occur. REMTROL, INC. MAKES NO OTHER
WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, CONCERNING
THE SERVICE, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF FITNESS
FOR A PARTICULAR USE OR PURPOSE, THE IMPLIED WARRANTY OF
MERCHANTABILITY, AND ANY OTHER WARRANTY IMPLIED BY LAW.
Remedies of Customer. Customer’s sole remedy for any failure or non-performance of the Services
(including any associated Equipment, Software or other materials supplied in connection with the
Services) shall be (i) for Remtrol, Inc. to use commercially reasonable efforts to effectuate an
