Motorola i90c User Manual page 163

Boost Mobile Terms and Conditions of Prepaid Service
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 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.
21. DEFINITIONS – For purposes of this Agreement: 1) "Call Credit Validity
Period" means the number of days, from the date of call credit activation until
the date of call credit expiration, set out in the relevant rate plan; 2) "RE-
TM
BOOST Card" means the Boost Mobile card containing additional call
credits which may be purchased from participating outlets or the voucher
155