Personal Messaging Disclaimer

Disclaimer of Warranties: The Personal Messaging Product ("Product") is provided to you, our subscriber ("You") on an "as is" basis. American Messaging makes no guarantee that the Product will accurately save and restore customized information. Notwithstanding anything stated herein or elsewhere to the contrary, no warranty, condition, undertaking or term, express or implied, statutory or otherwise, as to the title, condition, quality, performance, non-infringement, merchantability or fitness for a particular purpose of the Product is given or assumed by American Messaging in connection with Your use of the Product or any component thereof, and all such warranties, conditions, undertakings and terms are hereby excluded and disclaimed. Under no circumstances and under no legal theory or form of action (whether in tort, contract, statutory, strict or product liability, or otherwise) shall American Messaging, its affiliates, licensors, subcontractors or suppliers, be liable to You or any other person for any direct, indirect, incidental, special, punitive or consequential damages of any character that arise from the use by You or any other person of this Product even if American Messaging has been informed of the possibility or likelihood thereof, and whether or not caused by or resulting