Table of Contents
Advertisement
Nextel Terms and Conditions of Service
affect in any way the right to require such performances at any later time nor shall
the waiver by Company of a breach of any provision hereof be taken or held to be a
waiver of compliance with or breach of any other provision or a continuing waiver
of such provision.
18. ASSIGNMENT/RESALE/GOVERNING LAW - This Agreement may be
freely assigned by Company to any successor of it or any other firm or entity
capable of performing its obligations hereunder, and upon any such assignment,
Company shall be released from all obligations to Customer. Customer may not
assign this Agreement, or resell the services which are subject to this Agreement
without prior written consent of Company. Subject to the restrictions contained
herein, this Agreement shall bind and inure to the benefit of the successors and
permitted assigns of the parties hereto. This Agreement shall be governed by the
laws of the State or Commonwealth in which this Agreement is executed by the
Company.
19. NOTICE REGARDING USE OF SERVICE FOR 911 OR OTHER
EMERGENCY CALLS - (a) The Service provided hereunder does not interact with
911 and other emergency services in the same manner as landline telephone service.
Depending on Customer's location and the circumstances and conditions of a
particular call, the Service provided hereunder may not be able to identify
Customer's telephone number and/or location to emergency services, and Customer
may not always be connected to the appropriate emergency services provider.
Company is deploying wireless Enhanced 911 ("E911 ") service to help public
safety authorities locate Customers and other users of the Service who make 911
calls. However, E911 is not available in all areas, and even in those areas where it is
implemented, inherent limitations in this advanced wireless technology prevent it
from being 100% reliable. Accordingly, Company agrees to provide Customer with
E911 service where available, and Customer acknowledges that E911 service is not
available in all areas and is not completely reliable. (b) Customer hereby consents to
Company's disclosure of Customer information, including but not limited to
Customer name, address, telephone number, and location, to governmental and
quasi-governmental institutions such as emergency service providers and law
enforcement agencies, where Company deems it necessary to respond to an exigent
circumstance.
20. NO WARRANTY (SERVICE) - COMPANY MAKES NO WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE TO CUSTOMER IN CONNECTION WITH ITS USE
OF THE SERVICE. IN NO EVENT SHALL COMPANY BE LIABLE FOR
INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES TO
THE FULL EXTENT THE SAME MAY BE DISCLAIMED BY LAW.
CUSTOMER ACKNOWLEDGES THAT SERVICE INTERRUPTIONS WILL
OCCUR FROM TIME TO TIME, AND AGREES TO HOLD COMPANY
HARMLESS FOR ALL SUCH INTERRUPTIONS.
45
Advertisement
Table of Contents
