E! Everywhere: Supplemental Terms and Conditions
Supplemental Terms and Conditions
Changes or Discontinuation of Services
E! can, without notice, change or discontinue the services, begin charging fees or increase its current fees for the services or make any other modifications to these special terms at any time by giving you notice prior to the time in which the charges or other changes would go into effect. If you choose to use the services after that point, you're accepting the changes. If you disagree with the changes, your only remedy is to discontinue using them.
Service Provider Fees
Your wireless service provider may charge you for text messages you send and receive on your wireless phone. Please consult your wireless service provider regarding their pricing plans.
Disclaimer of Warranties for the Services
Since the services are delivered via your wireless service provider's network, E! cannot warrant or promise that the services and corresponding software will work with all wireless products or be available at all times and at all locations. E! cannot warrant or promise that the services will continue to work in the event of product, software, coverage or other service changes made by your wireless carrier. THEREFORE, E! OFFERS THE SERVICES ON AN "AS IS" BASIS. E! CANNOT PROMISE OR WARRANT THE ACCURACY OR AVAILABILITY OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. TO THE FULLEST EXTENT OF THE LAW, E! MAKES NO REPRESENTATIONS OF WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF ACCURACY CONCERNING THE SERVICES AND THEIR SOFTWARE. E! is not responsible for any lost, incomplete, late, damaged, or misdirected text messages; failures or malfunctions of phones (including wireless phones/handsets), phone lines or telephone systems, cellular equipment towers, wireless services or other communications malfunctions; interrupted or unavailable networks or servers; miscommunications, failed computer hardware or software or other technical failures; garbled, lost, misrouted or scrambled transmissions; any error, omission, interruption, defect or delay in any transmission or communication; traffic congestion; or for any other technical problem.
Limitation of Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM OR DISPUTE WITH E! REGARDING THE SERVICES IS TO STOP USING THE SERVICES. IN NO EVENT SHALL E! BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICES AND SOFTWARE OR INABILITY TO USE THE SERVICES OR OUT OF ANY BREACH OF ANY REPRESENTATION OR WARRANTY, AND IN NO EVENT SHALL E!'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR ACCESSING THE SERVICES IN QUESTION.