Boost i830, User Manual

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122
Boost Mobile
TM
Terms and Conditions of Service
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.
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