Nextel iM240 User Manual page 82

Nextel Connection Manager User Guide
ANY RIGHT TO PURSUE OR PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR
CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.
17. MISCELLANEOUS - Assignment - Customer may not assign all or any part of this Agreement (including any of its rights and
duties under the Agreement) or sell or lease the Service to others without Nextel's prior written consent. Nextel may assign all or any part
of this Agreement to any successor or any other entity capable of performing Nextel's obligations under this Agreement without obtaining
Customer's consent or providing notice to Customer. Nextel shall be released from all liability upon assignment of this Agreement.
Customer shall continue to be bound by the terms of this Agreement following assignment.
Nextel Associates – Nextel's subsidiaries, affiliates and certain third party service providers (the "Nextel Associates") may provide wireless
communication services in support of Nextel from time to time. All rights and protections afforded to Nextel by this Agreement are also
afforded to the Nextel Associates.
Notice - Notice to Customer shall be considered delivered if sent by U.S. Mail addressed to the most current address on file for Customer
(effective three (3) days following deposit in U.S. Mail) or by electronic means such as email or text messaging (effective immediately upon
transmission). Written notice to Nextel must be sufficient to identify Customer and the Service and shall be considered delivered when
directed to Nextel Customer Care department and received by Nextel. Oral and electronic notice to Nextel shall be considered delivered
on the date reflected in Nextel's records. To ensure receipt of notice, Customer shall notify Nextel of any changes in Customer's email or
mailing address.
Limitation on Third Party Beneficiaries - This Agreement is not for the benefit of any third party other than the Nextel Associates.
Governing Law - The laws of the state associated with the area code assigned to Customer's Number will govern this Agreement, without
regard to the conflict of laws rules of that state. This Agreement is also subject to applicable federal laws and federal or state regulations
or tariffs
Entire Agreement - This Agreement and the policies to which it refers (e.g., return policy, Plan Information, and Payment Forms, to the
extent such documentation may be applicable), form the entire Agreement between Customer and Nextel. There are no oral or written
agreements between Customer and Nextel other than as set forth in this Agreement. If Customer is a business, Nextel shall not be bound
by the terms and conditions included in Customer's purchase orders or elsewhere, unless expressly agreed to in writing by a duly
authorized officer of Nextel. If any provision of this Agreement is found to be illegal or otherwise invalid, the remainder of this Agreement
will remain enforceable. If, at any time, Nextel fails to enforce any right or remedy under this Agreement (including, but not limited to, a
waiver of Nextel's right to written notice under the Agreement), Nextel shall retain the right to enforce such right or remedy at a later time.
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Last updated: 5/26/05