Table of Contents
Advertisement
Nextel National Network General Terms and Conditions
property of Sprint, its Customers, or others from
"hacking," "spamming," "viruses" or other potential
harms that Sprint believes may adversely impact
its network or systems; (4) the availability or use of
Wireless Data Services, including but not limited
to, the compatibility or use of Online Applications or
Content, whether or not supported by Sprint, or any
contact with third parties through the use of
Wireless Data Services; (5) any damage or
personal injury allegedly caused by use of the
Equipment or Service; (6) any other damage due
directly or indirectly to causes beyond Sprint's
control, including, but not limited to, any act or
omission of any carrier or service provider other
than Sprint; or (7) acts of God, acts of public
enemies, acts of the government, acts or failure to
act of Customer, its agents, employees or
subcontractors, fires, floods, epidemics, quarantine
restrictions, corrosive substances in the air or other
hazardous environmental conditions, strikes,
freight embargoes, inability to obtain materials or
services, commotion, war, terrorism, unusually
severe weather conditions or default of Sprint's
subcontractors. WITHOUT LIMITING THE
FOREGOING, SPRINT'S SOLE LIABILITY FOR
SERVICE DISRUPTION, WHETHER CAUSED BY
THE NEGLIGENCE OF SPRINT OR
OTHERWISE, IS LIMITED TO A CREDIT
ALLOWANCE OF NOT MORE THAN THE
PROPORTIONATE CHARGE TO CUSTOMER
182
FOR THE PERIOD OF SERVICE DISRUPTION.
EXCEPT AS OTHERWISE SET FORTH IN THE
PRECEDING SENTENCE, IN NO EVENT SHALL
SPRINT BE LIABLE FOR ACTUAL DAMAGES OR
FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL
OR OTHER INDIRECT DAMAGES CAUSED BY
ITS NEGLIGENCE OR OTHERWISE, NOR FOR
ECONOMIC LOSS, PERSONAL INJURIES OR
PROPERTY DAMAGE SUSTAINED BY
CUSTOMER OR ANY THIRD PARTIES. IF
CUSTOMER IS PROVIDED WITH A CREDIT
ALLOWANCE UNDER THIS SECTION, SPRINT
SHALL BE SUBROGATED TO ANY AND ALL
RIGHTS THAT CUSTOMER MAY HAVE
AGAINST ANY THIRD PARTY AS A RESULT OF
CUSTOMER'S LOSS OR EXPENSE, INCLUDING
BUT NOT LIMITED TO, ANY RIGHT CUSTOMER
MAY HAVE UNDER THE TELEPHONE
CONSUMER PROTECTION ACT. THIS SECTION
14 SHALL SURVIVE TERMINATION OF THIS
AGREEMENT. UNDER CERTAIN
CIRCUMSTANCES, SOME JURISDICTIONS
MAY NOT RECOGNIZE OR GIVE EFFECT, IN
WHOLE OR IN PART, TO WARRANTY
DISCLAIMERS AND/OR LIMITATIONS OF
REMEDIES FOR BREACH; AND THEREFORE,
TO THE EXTENT THAT THE DISCLAIMER SET
FORTH IN SECTION 13 AND THE LIMITATION
OF REMEDIES IN SECTION 14 ARE NOT
PERMITTED BY APPLICABLE LAW, THEY WILL
Advertisement
Table of Contents
