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By selecting a server above, the user of the Level 3's Speed Test Tool ("Tool") agrees, as a condition of using the Tool, that:
(1) The Tool is solely for the convenience of Level 3 customers and provides only a gross benchmark estimate of internet service performance.
(2) The test result data obtained from the Tool shall not be used to determine compliance with, or violation of, any service level performance metric or objective applicable to any Level 3 service or contract. Neither shall the test result data from the Tool be used to determine adequacy of any service component or contract compliance. The test result data cannot be used to determine such compliance, violation, or adequacy due to variable factors such as, without limitation, network topology, round-trip time, link capacity/usage, and computer processor/hardware limitations, all of which can impact performance.
(3) Level 3 does not represent, warrant, or guarantee that the test result data obtained from use of the Tool is accurate, complete, or free of technical or other errors or defects. Access to and use of the Tool, and the test result data obtained, is at the risk of the user. ALL TEST DATA RESULTS ARE TO BE RECEIVED BY THE USER .AS IS. AND Level 3 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR ORDINARY PURPOSE, AND NON-INFRINGEMENT. NEITHER Level 3NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE TOOL OR THIS SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING OUT OF ANY USER.S ACCESS TO, USE OF, OR INABILITY TO USE THIS SITE OR THE TOOL OR FOR ANY ERRORS, OMISSIONS OR DEFECTS IN THE OPERATION OR CONTENT OF THE TOOL OR THIS SITE.