21. The Service is provided on an "as is" and "as available" basis. Your use of the Service is at your sole risk. TELUS does not guarantee timely, secure, error-free or uninterrupted service or receipt of material or messages transmitted over or through TELUS' networks or the networks of other companies. TELUS does not guarantee that you can or will be located using the Service. To the fullest extent permitted by applicable law, TELUS disclaims all warranties, representations, guarantees and conditions (express, implied or statutory) relating to the Services, including any warranty of fitness for any particular use or purpose you intend for the Services, even if you have communicated such intention to TELUS.
22. Neither TELUS nor its affiliates, partners, suppliers and licensors are responsible for any harm to your property resulting from use of the Application, including download, installation, transmission failure or alterations the application may make to the functionality of your Device(s) or other software or hardware.
23. TELUS does not guarantee that the user can or will be located using the Service. Devices that cannot connect to the TELUS wireless network (for example, because they are outside of network coverage areas, or are blocked by buildings, or other cellular “dead zones”) will not be able to connect to the central monitoring station. As with all location-based services, it may not always be possible to determine user’s location. Multilevel buildings, parking garages, and/or dense urban areas can make it difficult for satellites and cell phone towers to locate the user’s exact location.
24. You acknowledge that some features of the Devices and/or the Service may not be functional if there is a power failure or breakdown in telecommunications networks or services. Despite normal use, equipment malfunctions may occur and various factors may influence the operation of Service, such as electrical interference, weather conditions and other factors beyond TELUS’ control.
25. To the fullest extent permitted by applicable law, you hereby agree that neither TELUS, nor its subcontractors (including any central monitoring station providing monitoring services), suppliers, vendors and licensors, or any of their respective affiliates, shareholders, partners, directors, officers, employees and agents (collectively the “TELUS parties”), shall be liable for any consequential, punitive, indirect incidental, lost profits or special damage or losses arising from, or related to, the Service. With respect to any direct damages, you agree that the maximum liability of the TELUS parties is limited to a sum not to exceed fifty dollars ($50.00). This limitation of liability clause applies to any of the following wrongdoing of any of the TELUS parties arising from or related to the Service: breach of contract, negligence of any kind or degree, strict product liability or any other theory of liability. This limitation of liability shall not apply to any willful, wanton or intentional misconduct, of any other wrongdoing where applicable law does not permit limitation of liability.
26. Forced Entry: You acknowledge that providing the Service may require forced entry to your premises in response to an alert, if you are not present or unable to respond. You agree that TELUS is not responsible for the damages so caused and you will indemnify the TELUS Entities and its vendors against any claim made by a third party as a result of such forced entry.
27. In accordance with current legislation, TELUS may have to conduct checks before contacting 911, which may result in longer response times. 911 service is offered by a third party and not by TELUS.
28. Force majeure. TELUS shall not be liable for any failure or delay in performing its obligations hereunder if such failure or delay is directly or indirectly attributable to one of the following causes: a) fire, flood, earthquake, natural disasters, pandemic or epidemic; b) riots, terrorism, civil disorders, rebellions or revolutions; c) labour conflicts; d) any other causes reasonably beyond the control of TELUS; and shall be relieved from performing or fulfilling its obligations for the entire duration of the force majeure so long as TELUS is unable to resume performance of its obligations despite reasonable efforts in this regard.