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find a copy of the contract or the terms of use for your cellphone, computer, or...

find a copy of the contract or the terms of use for your cellphone, computer, or other electronic device, or a copy of the software agreement associated with your device, and read the clause that limits consequential damages. Explain what it covers and excludes.

  • Find a copy of the contract, agreement or terms of use that covers your electronic device and/or software;
  • Identify the device and/or software the agreement covers;
    • For example, this agreement or the terms of use covers the iOS system associated with an iphone.
  • Locate the Limitation of Liability clause in the agreement;
  • Describe in your own words what this clause limits and whether consequential damages are included;
  • Describe in your own words whether the company limits its liability to you and whether it specifies the total damages you can recover;
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Answer #1

1. APPLE says that, apple or its affiliates are not responsible for any personal injury,any incidental, special, any indirect or consequential damages, damages for loss of profits, corruption or loss of data, failure to transmit or receive any data(including without limitation course instructions, assignments and materials), business interruption or any other commercial damages or losses, arising out of or related to the use or inabality to use the iOS software and services or any third partysoftware or applications in conjunction with the iOS software or services(even if Appl has been advised of the possibility of such damages).

Consequential damages are included in the limitation of Liability clause. But, some jurisdictions do not allow limitation of liability to personal injury or of incidental or consequential damages. So, this limitation of consequential damages may or may not apply to someone. It depend on jurisdiction of place where he lives in.

2. The company limits its liability to some extent. It specifies that In no circumstance should the total liability of Apple to us for all damages (other than as required by applicable law in personal injury cases) exceed two hundred and fifty dollars (U.S.$250.00). This means that Apple will pay a maximum of two hundred and fifty dollars only in any case, whether it recover all damages or not, it will not pay more than that.

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