Motorola Nextel iDEN i1000plus, User Manual

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Nextel Terms and Conditions of Service
119
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
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.