Terms and Conditions | NEO Business Wireless

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Limitation of Liability
Barchue Enterprises, LLC, doing business as NEO Business Wireless, will not be liable to you (the subscriber) for any direct or indirect, special, incidental, consequential, exemplary, or punitive damages of any kind, including lost or potential profits, regardless of whether it has been notified of the possibility of such loss, resulting from any act or omission in providing equipment and/or services. NEO Business Wireless will not be liable for any actions or omissions of other companies providing a part of our services, equipment, or for any damages resulting from services or equipment provided or manufactured by affiliated or non-affiliated third parties.

NEO Business Wireless is not responsible, at any time, and shall not be liable to you or anyone else for any personal information (such as usernames, passwords, contacts, pictures, SMS, or any additional content) stored on your phone, or which may remain on your phone during or after you no longer have service with NEO Business Wireless. Unless prohibited by law, you (the subscriber) agree to limit claims for damages or other monetary relief to direct and actual damages only. NEO Business Wireless assumes no responsibility for a subscriber's use of any content provided by its services. There is no fiduciary duty between you (the subscriber) and Barchue Enterprises, LLC, doing business as NEO Business Wireless, or its affiliates. You (the subscriber) also agree that NEO Business Wireless will not be liable for any missed voicemails, messages, data content, or the storage or deletion of contacts from a handset address book provided by NEO Business Wireless.

Indemnification

To the fullest extent permitted by law, you agree to hold harmless and indemnify Barchue Enterprises, LLC, doing business as NEO Business Wireless, and its affiliates, officers, agents, directors, partners, and employees from any and all liabilities, settlements, penalties, claims, causes of action, and demands brought by third parties (including any costs, expenses, or attorneys' fees) resulting from your use of NEO Business Wireless products and services, or any unauthorized use by others, whether based on contract or tort (including strict liability) and regardless of the form of action. This obligation survives any expiration or termination of your service with Barchue Enterprises, LLC dba NEO Business Wireless.

Some subscribers may reside in states that do not allow disclaimers of implied warranties or limits on remedies for breaches. Thus, the above exclusions or limitations may not apply to all subscribers. Subscribers may have other legal rights that vary by state.

Warranties
NEO Business Wireless does not manufacture wireless phones or equipment used by subscribers. The only warranties applicable to such devices or equipment are those provided by the manufacturers. Therefore, we are not liable for any issues related to wireless phones, other equipment, or manufacturers' actions or omissions.

WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND SERVICES PROVIDED HEREUNDER OR ANY REQUIRED SOFTWARE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY. WE EXPRESSLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES. WE DO NOT GUARANTEE ERROR-FREE OR UNINTERRUPTED SERVICE AND DO NOT AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF.

The NEO Business Wireless Terms and Conditions of Service outlined here supersede all prior oral or written communications and understandings regarding the products and services provided. If any part of these Terms and Conditions of Service is declared invalid, not applicable, or unenforceable, the remaining sections shall remain valid and enforceable. There are no provisions in these Terms and Conditions that grant any person or entity that is not a party to them any remedy, liability, claim, reimbursement, or cause of action, nor do they create any third-party beneficiary rights. Unless otherwise specified, any legal dispute will be subject to the exclusive jurisdiction of federal or state courts in Ohio, except for customers who are residents of California.