Motorola i50sx User Manual page 151

Boost Mobile Terms and Conditions of Prepaid Service
17. 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 that 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. The laws
of the Commonwealth of Virginia, without application of its conflicts of laws principles,
shall govern this Agreement.
18. NOTICE REGARDING USE OF SERVICE FOR 911 OR OTHER EMERGENCY
CALLS – The Service provided hereunder does not interact with 911 and other emergency
services in the same manner as landline telephone service. Depending on the
circumstances of a particular call, the Service provided hereunder may not be able to
identify your location to emergency services and you may not always be connected to the
appropriate emergency services provider. Additionally, the provision of 911 or other
emergency services may be conditioned on payment of amounts to the governmental
authorities who implement or coordinate access to such services, and Customer agrees that
Company may apportion and pass through such amounts to Customer, which shall be paid
by Customer when due, in connection with Customer's access to such 911 or other
emergency services, where available. CUSTOMER AGREES TO HOLD COMPANY
AND NEXTEL HARMLESS AGAINST ANY AND ALL CLAIMS, DEMANDS,
ACTIONS, OR CAUSES OF ACTION (INCLUDING ALL ACTIONS BY THIRD
PARTIES) ARISING OUT OF THE USE OR ATTEMPTED USE OF THE
COMPANY'S SERVICE TO ACCESS 911 OR OTHER EMERGENCY SERVICES.
19. NO WARRANTY (SERVICE) – NEITHER COMPANY NOR NEXTEL MAKES
ANY 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 OR NEXTEL 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 AND NEXTEL HARMLESS FOR
ALL SUCH INTERRUPTIONS.
20. NO WARRANTY (EQUIPMENT) – NEITHER COMPANY NOR NEXTEL
MAKES ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND,
STATUTORY, EXPRESS OR IMPLIED, TO CUSTOMER OR TO ANY OTHER
PURCHASER OF THIS EQUIPMENT. WITHOUT LIMITING THE FOREGOING,
NEITHER COMPANY NOR NEXTEL MAKES ANY EXPRESS OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. CUSTOMER HEREBY WAIVES, AS AGAINST COMPANY AND
NEXTEL ALL OTHER WARRANTIES, GUARANTEES, CONDITIONS, OR
LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE. IN
NO EVENT SHALL COMPANY, OR NEXTEL BE LIABLE FOR CONSEQUENTIAL,
SPECIAL, OR INCIDENTAL DAMAGES, WHETHER OR NOT OCCASIONED BY
THEIR NEGLIGENCE AND INCLUDING, WITHOUT LIMITATION, LIABILITY
FOR ANY LOSS OR DAMAGE RESULTING FROM THE INTERRUPTION OR
FAILURE IN THE OPERATION OF ANY EQUIPMENT SOLD OR OTHERWISE
PROVIDED HEREUNDER. THERE ARE NO WARRANTIES THAT EXTEND
BEYOND THE DESCRIPTION CONTAINED HEREIN. CUSTOMER ASSUMES
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