7. | | Limitation of Liability. WE DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE PRODUCTS, EQUIPMENT AND SERVICES WE PROVIDE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACCEPT ALL PRODUCTS, SERVICES AND EQUIPMENT AS IS, WHERE IS AND WITH ALL FAULTS. Our liability to you shall be limited to repairing or replacing defective products or equipment or re-performing the subject services. Under no circumstances shall we be liable to you or any other party for any monetary damages and we expressly disclaim any liability for consequential, incidental, special, punitive or other types of damages. If we are ever held liable to you for monetary damages, these damages shall be capped at an amount equal to the payments made by you to us for the three (3) billing periods preceding such assessment of liability. We are not responsible or liable for any costs, expenses, claims or other liability related to any damage, loss or change to your personal property, home or office, or for any personal injury to you or any other person, resulting from the installation, maintenance, use or removal of our products or equipment. You will indemnify and hold us harmless for any and all claims, damage, injury, costs, liability, expense (including reasonable attorneys' fees) or other loss suffered or incurred by us in connection with this Service Agreement except for any of such that results from our gross negligence or misconduct. |