Motorola Nextel iDEN i2000plus User Manual page 119

Nextel Terms and Conditions of Service
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 Nextel
Online Services, including but not limited to the accuracy or utility of any information acquired from
the Internet through Nextel Online 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 IS THE COMPANY LIABLE FOR ACTUAL, CONSEQUENTIAL, INCIDENTAL,
SPECIAL OR OTHER INDIRECT DAMAGES CAUSED BY ITS NEGLIGENCE OR
OTHERWISE, NOR FOR ECONOMIC LOSS, PERSONAL INJURIES OR PROPERTY DAMAGES
SUSTAINED BY THE CUSTOMER OR ANY THIRD PARTIES. Customer agrees to indemnify,
defend, and hold Company harmless from any Customer violations of FCC rules and regulations or
Customer violation of any statutes, ordinances or laws of any local, state, or federal public authority.
15. COMPLETE AGREEMENT/SEVERABILITY/WAIVER – This Agreement sets forth all of the
agreements between the parties concerning the Service and purchase of the Equipment, and there are no
oral or written agreements between them other than as set forth in this Agreement. No amendment or
addition to this Agreement shall be binding upon this Company unless it is in writing and signed by
both parties (and, in the case of the Company, by an officer of the Company). Company shall not be
bound by the terms and conditions in Customer's purchase order or elsewhere, unless expressly agreed
to in writing by an officer of the Company. This Agreement becomes effective when accepted by the
Company. Should any provision of this Agreement be illegal or in contravention of the law, such
provision shall be considered null and void but the remainder of this Agreement shall not be affected
thereby. The failure of Company, at any time to require the performance by Customer of the provisions
of this Agreement shall not 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.
16. 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 Commonwealth of Virginia.
17. 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 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.
18. 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.
19.NO WARRANTY (EQUIPMENT) – COMPANY MAKES NO WARRANTIES OR
REPRESENTATIONS OF ANY KIND, STATUTORY, EXPRESS OR IMPLIED, TO CUSTOMER
OR TO ANY OTHER PURCHASER OF THIS EQUIPMENT. WITHOUT LIMITING THE
FOREGOING, COMPANY SPECIFICALLY MAKES NO EXPRESS OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER
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