Motorola i50sx User Manual page 149

Boost Mobile Terms and Conditions of Prepaid Service
equipment or that are measured by gross receipts from the sale of telecommunications
services and/or equipment. Such Charges shall include, but are not limited to: excise
taxes; sales and transaction taxes; utility taxes; regulatory fees and assessments; universal
service assessments, telephone relay service (TRS) assessments; recoveries or similar
charges. Customer shall be responsible for such Charges regardless of whether the Charge
is imposed upon the sale of equipment or services, upon Customer, or upon Company. If
any such Charge is determined to be applicable and has not been paid by Customer before
Customer accepts delivery of equipment, Customer shall pay Company the full amount of
any such Charge no later than ten (10) days after receipt of the invoice therefor.
12. COVERAGE AREA – Local Dispatch (BOOST 2WAY), cellular calling, BOOST
MOBILE Wireless Web Services, and respective coverage areas for these Services are
subject to change at any time at the sole discretion of Company.
13. DEFAULT / TERMINATION - If you breach any representation to Company or fail
to perform any of the promises you made in this Agreement, you will be in default and
Company may, without notice to you, suspend Service and/or terminate this Agreement,
in addition to all other remedies available to us. You agree to pay all costs including
reasonable attorneys fees, collection fees, and court costs Company may incur in
enforcing this Agreement through any appeals.
14. LIMITATION AND CONDITION OF LIABILITY; INDEMNITY - Company does
not assume and shall have no liability for (i) failure to deliver the Equipment within a
specified time period; (ii) unavailability or delays in delivery of the Equipment 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, 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
141