Motorola Nextel iDEN i2000plus User Manual page 118

8. APPLICATION CUSTOMER CARE AND SUPPORT – Customer acknowledges and agrees that in
most cases, the developer of an Application is responsible for providing customer care and Application
support to all Customers using the Application. In the event Customer contacts Company customer care
with a problem concerning the use of an Application, Customer may be referred to the Application
developer's customer care, and Company shall have no obligation to support such Application.
9. CONTENT; INTELLECTUAL PROPERTY RIGHTS – Company is not a publisher of third party
content that Customer may from time to time access through Nextel Online Services; therefore
Company is not responsible for the content provided by such third parties, including but not limited to
statements, opinions, graphics, photos, music, services and other information ("Content"), and accessed
by Customer through Nextel Online Services. Company gives no guarantee or assurance as to the
currency, accuracy, completeness or utility of Content obtained through Nextel Online Services.
Company, Content providers and others have proprietary interests in certain Content. Customer shall
not, nor permit others, to reproduce, broadcast, distribute, sell, publish, commercially exploit or
otherwise disseminate such Content in any manner without the prior written consent of Company,
Content providers, or others with proprietary interests in such Content, as applicable.
10. RISK OF LOSS: INSURANCE – Upon Customer's acceptance of delivery of the Equipment, all
risk of loss, damage, theft, or destruction to the Equipment shall be borne by the Customer. No such
loss, damage, theft, or destruction of the Equipment, in whole or part, shall impair the obligations of
Customer hereunder, including, without limitation, responsibility for the payment of Service Charges
due hereunder. If the Equipment is purchased on an installment basis, or on credit, Customer agrees to
maintain, for the term of this Agreement, at its own expense, comprehensive public liability and
property damage insurance with respect to its use of the Equipment in an amount not less than the
replacement value of the Equipment, naming Company as co-insured, with all losses payable to
Company. Certificates, evidencing proof of such policy and payment of premiums, shall be delivered to
Company prior to delivery or installment of the Equipment. Customer shall prepay such premiums as
required and shall furnish Company with proof of such payment at the beginning of the Payment Term
and upon the expiration of any Certificate. Any and all amounts received by the Company under any
such policy shall be applied by Company against the amount of the Equipment Sales Price and any
related charges or fees secured hereby. Failure to provide or maintain the insurance required above is a
breach of the Agreement for which the Company shall be entitled to exercise any remedies it may have
under this Agreement.
11. PROPERTY DAMAGE INSURANCE – If Customer selects Direct Protect insurance protection,
Company will remit the monthly charge for the insurance which appears on Customer's bill to The
Signal Telecommunications Insurance Services ("Signal") on Customer's behalf. Customer
acknowledges that insurance protection is offered by the Signal, not Company, and that any requests
for information or claims regarding the insurance shall be directed to Signal. Customer acknowledges
having received a summary of coverage, including deductible information, which is also available by
calling Signal at 1-888-352-9182.
12. TAXES, FEES, SURCHARGES & ASSESSMENTS – Customer is responsible for all federal,
state, and local taxes, fees, surcharges, and other assessments (collectively, "Charges") that are
imposed on telecommunications services, other services, and equipment or that are measured by gross
receipts from the sale of telecommunication 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.
13. COVERAGE AREA – Local Dispatch (Direct Connect), cellular calling, Nextel Online Services,
and respective coverage areas for these Services are subject to change at any time at the sole discretion
of Company.
14. LIMITATION AND CONDITION OF LIABILITY; INDEMNITY - Company does not assume
and shall have no liability under the Agreement for (i) failure to deliver the Equipment within a
specified time period; (ii) availability and delays in delivery of the Equipment; (iii) damage caused to
the Equipment 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,
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