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terms in this Agreement will apply, including the requirement to provide notice
before litigation. DTF Station will also not be bound by these arbitration
provisions if you opt-out.
8. Amendments to Section F: Despite any contrary provisions in this Agreement,
you and DTF Station agree that if DTF Station modifies the dispute resolution
and class action waiver provisions in this Agreement (except for changes to
DTF Station's address), DTF Station will seek your affirma
tive agreement to the
applicable amendment. If you do not agree, you consent to resolve Disputes
between the parties according to the language of this Section F (or as
provided in Section F(7) if you opted out when you initially agreed to this
Agreement).
9. Severability: If any provision in this Section F is determined unenforceable,
that provision will be severed, leaving the remainder of this Agreement in full
effect. This exception does not apply to the class action proh
ibition in Section
F(5). Therefore, if Section F(5) is unenforceable, Section F (but only Section F)
will be void.
H. Remedies and Disclaimer of Warranties
The warranty and remedy detailed above are exclusive and replace all other express
or implied warranties, including but not limited to, merchantability, fitness for a
particular purpose, and non-infringement. Some jurisdictions do not allow the
exclusion of implied warranties, so these limitations may not apply t
o you.
Statements or representations made by any other person or entity are void unless
stated in this Agreement. Some states do not limit the duration of implied warranties,
so these restrictions may not apply to you.
I. Exclusion of Damages; DTF Station's Maximum Liability
In no event shall DTF Station or its affiliates be responsible for any special, incidental,
or consequential damages, including lost profits, substitute equipment costs,
downtime, third-party cla
ims, or property damage resulting from the use or inability
to use the DTF Station product, regardless of whether based on breach of warranty or
any other legal theory. In no event shall DTF Station or its affiliates' liability exceed the
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