Motorola i730 User Manual page 128

Boost Mobile TM Terms and Conditions of Service
or the Services; (iii) damage due directly or indirectly
to causes beyond the control of Company, including,
but not limited to acts of God, acts of the public
enemy, acts of the government, acts or failure to act
of the 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, unusually severe weather
conditions or default of Company's subcontractors
whether or not due to any such causes; or (iv) the
use of BOOST MOBILE Wireless Web Services,
including but not limited to the accuracy or utility of
any information acquired from the Internet through
BOOST MOBILE Wireless Web Services; or Internet
Services, Content or Applications whether or not
supported by Company. Without limiting the
foregoing, the Company's sole liability for Service
disruption, whether caused by the negligence of the
Company or otherwise, is limited to a credit
allowance not exceeding an amount equal to the
proportionate charge to the Customer for the period
of Service disruption. EXCEPT AS OTHERWISE
SET FORTH IN THE PRECEDING SENTENCE, IN
NO EVENT WILL THE COMPANY BE LIABLE FOR
ACTUAL, CONSEQUENTIAL, INCIDENTAL,
SPECIAL OR OTHER INDIRECT DAMAGES
ARISING OUT OF THE SERVICES, WHETHER
CAUSED BY ITS NEGLIGENCE OR OTHERWISE,
120
NOR FOR ECONOMIC LOSS, PERSONAL
INJURIES OR PROPERTY DAMAGES
SUSTAINED BY THE CUSTOMER OR ANY THIRD
PARTIES ARISING OUT OF THE SERVICES.
UNDER NO CIRCUMSTANCES WILL NEXTEL, IN
CONJUNCTION WITH WHICH THE COMPANY
PROVIDES THE SERVICES, BE LIABLE TO
CUSTOMER FOR ANY DAMAGES, OF ANY KIND
WHATSOVER, REGARDLESS OF THE FORM OF
ACTION OR CAUSE OF ACTION, ARISING OUT
OF THE SERVICES. CUSTOMER IRREVOCABLY
WAIVES ANY CLAIM YOU MIGHT OTHERWISE
HAVE AGAINST NEXTEL ARISING OUT OF THE
SERVICES AND COVENANTS NOT TO MAKE OR
BRING ANY CLAIM OF ANY KIND AGAINST
NEXTEL ARISING OUT OF THE SERVICES.
Customer agrees to indemnify, defend, and hold
Company and Nextel harmless from any Customer
violations of FCC rules and regulations or Customer
violation of any statutes, ordinances or laws of any
local, state, or federal public authority. The terms of
this Section 14 will survive any termination or
expiration of this Agreement
15. RESOLUTION OF DISPUTES -. PLEASE
READ THIS SECTION CAREFULLY. IT AFFECTS
RIGHTS THAT YOU MAY OTHERWISE HAVE. IT
PROVIDES FOR RESOLUTION OF MOST
DISPUTES THROUGH ARBITRATION INSTEAD
OF COURT TRIALS AND CLASS ACTIONS.
ARBITRATION IS FINAL AND BINDING AND