[dow1-2tf] More "limitations may not apply to you" language

[KathrynKL@xxxxxxx]

Here are a few more examples.  These services and goods contracts clearly 
show that companies recognize that not all rights can be waived, and that 
customers have a right to be on notice that in key areas of public policy (such 
as 
warranties and privacy) their national laws may trump the contract.  Better for 
the company, the customer and the country to include this limitation clearly 
in the contract --- much better than fighting it out in court later.   

The same type of clarity in the future registrar contracts -- that national 
or local privacy law may result in the collection/disclosure requirements not 
being effective regarding a domain name customer -- would also better protect 
the registrar, the customer, the country and ultimately ICANN.   More examples 
below, Kathy

Three examples (with thousands more available):

1.  TiVo (example of hardware, software, services contract)
http://www.tivo.com/2.6.1.3.asp
"WHAT IS EXCLUDED?
Your warranty does not cover: 
·   Labor charges for installation or setup of the product. 
*** [skipped bullet points]
·   Incidental or consequential damages resulting from the product. (Some 
states do not allow the exclusion of incidental or consequential damages, so 
the 
above exclusion may not apply to you.)"

2.  Heterochat:  a chat room for people who are HIV positive (example of 
online services contract) 
http://www.heterochat.org/
"Limitation on Liability 
IN NO EVENT SHALL HETEROCHAT INC. BE LIABLE FOR ANY DIRECT, INDIRECT, 
SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY 
DAMAGES 
WHATSOEVER, EVEN IF HETEROCHAT INC. HAS BEEN PREVIOUSLY ADVISED OF THE 
POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, 
OR ANY 
OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, 
OR 
PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE 
FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF 
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. **BECAUSE SOME JURISDICTIONS DO NOT 
ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR 
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE 
LIMITATIONS MAY NOT APPLY TO YOU. ** [stars added to point out clause]


3.  Even IBM.  IBM Personal Computing Support notes that for some customers, 
state law allows them to receive the service *and* keep their rights.  
http://www-307.ibm.com/pc/support/site.wss/document.do?lndocid=MIGR-47MHCH

"Extent of Warranty
IBM does not warrant uninterrupted or error-free operation of a Machine.

Misuse, accident, modification, unsuitable physical or operating environment, 
improper maintenance by you, or failure caused by a product for which IBM is 
not responsible may void the warranties.

THESE WARRANTIES REPLACE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, 
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR 
A PARTICULAR PURPOSE. ***HOWEVER, SOME LAWS DO NOT ALLOW THE EXCLUSION OF 
IMPLIED WARRANTIES. IF THESE LAWS APPLY, THEN ALL EXPRESS AND IMPLIED 
WARRANTIES 
ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. NO WARRANTIES APPLY AFTER THAT 
PERIOD.***

In Canada, warranties include both warranties and conditions.

***Some jurisdictions do not allow limitations on how long an implied 
warranty lasts, so the above limitation may not apply to you.*** [As above, 
stars 
added by me]



KK: Again, balanced language recognizing key areas of public policy concern 
in certain jurisdictions protects the companies, the customers, and honors the 
national law.