Motorola Nextel iDEN i35s User Manual page 157

Nextel Terms and Conditions of Service
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
HEREBY WAIVES, AS AGAINST COMPANY, ALL OTHER WARRANTIES, GUARANTEES,
CONDITIONS, OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE.
IN NO EVENT SHALL COMPANY BE LIABLE FOR CONSEQUENTIAL, SPECIAL, OR
INCIDENTAL DAMAGES, WHETHER OR NOT OCCASIONED BY COMPANY 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 WHICH EXTEND BEYOND THE DESCRIPTION CONTAINED HEREIN.
CUSTOMER ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
THE EQUIPMENT. UNLESS OTHERWISE AGREED BY COMPANY, IF THE EQUIPMENT
PROVES DEFECTIVE, THE COSTS OF ALL NECESSARY SERVICING AND REPAIR WILL BE
BORNE BY CUSTOMER.
20. CERTAIN TERMS AND CONDITIONS REGARDING NEXTEL BUSINESS NETWORKS –
There is no Group Call available on the Nextel Business Networks. There is no pooling of Nextel
Direct Connect minutes between companies on the Nextel Business Networks. It is possible that
participants on the Nextel Business Network could determine the private identification numbers of
Customer's units and be able to Private Call those units. It is also possible that users of Customer's
units could determine the private identification numbers of other Nextel Business Network participants
and Private Call them.
21.NEXTEL ONLINE "GOLD" SERVICES - Nextel Online "Gold" Services are those Internet and
data Services offered in conjunction with a Service plan using the suffix "Gold"; e.g. Packetstream
Gold or PowerApps Gold. Company may charge an activation fee for each IP address for these
Services. These services may be used only with mobile clients for Internet/intranet access and Internet
e-mail via a standard HTML browser or proprietary client software for Public Nextel Online Service
Providers and related mail clients. It may also be used with software for proxy applications, for
dispatch applications, for POP3 email access, and for other use specifically approved by Nextel. These
Internet and data Services may not be substituted for a private line or frame relay connection, or be
used for streaming data feeds. Company reserves the right to deny service, without notice, to any
Customer whose usage adversely impacts Company's network, Systems or other subscribers' use of
Services.
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