Nextel BlackBerry 7100i, User Manual

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Nextel® Welcome Guide
nextel.com
CHARGE TO CUSTOMER FOR THE PERIOD OF SERVICE
DISRUPTION. EXCEPT AS OTHERWISE SET FORTH IN THE
PRECEDING SENTENCE, IN NO EVENT SHALL NEXTEL BE LIABLE
FOR ACTUAL DAMAGES OR FOR CONSEQUENTIAL, INCIDENTAL,
SPECIAL OR OTHER INDIRECT DAMAGES CAUSED BY ITS
NEGLIGENCE OR OTHERWISE, NOR FOR ECONOMIC LOSS,
PERSONAL INJURIES OR PROPERTY DAMAGE SUSTAINED BY
CUSTOMER OR ANY THIRD PARTIES. IF CUSTOMER IS PROVIDED
WITH A CREDIT ALLOWANCE UNDER THIS SECTION, NEXTEL
SHALL BE SUBROGATED TO ANY AND ALL RIGHTS THAT
CUSTOMER MAY HAVE AGAINST ANY THIRD PARTY AS A RESULT
OF CUSTOMER'S LOSS OR EXPENSE, INCLUDING BUT NOT
LIMITED TO, ANY RIGHT CUSTOMER MAY HAVE UNDER THE
TELEPHONE CONSUMER PROTECTION ACT. THIS SECTION 14
SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
UNDER CERTAIN CIRCUMSTANCES, SOME JURISDICTIONS MAY
NOT RECOGNIZE OR GIVE EFFECT, IN WHOLE OR IN PART, TO
WARRANTY DISCLAIMERS AND/OR LIMITATIONS OF REMEDIES
FOR BREACH; AND THEREFORE, TO THE EXTENT THAT THE
DISCLAIMER SET FORTH IN SECTION 13 AND THE LIMITATION OF
REMEDIES IN SECTION 14 ARE NOT PERMITTED BY APPLICABLE
LAW, THEY WILL NOT APPLY TO CUSTOMER OR SHALL ONLY
APPLY TO THE EXTENT PERMITTED BY SUCH APPLICABLE LAW.
15.INDEMNIFICATION - Customer shall indemnify, defend, and hold
Nextel harmless from any violation by Customer of any applicable law or
regulation. Customer will further indemnify Nextel for any claim or
demand, including reasonable attorneys' fees, made by any third party
due to or arising out of: (1) information or Content that Customer
submits, posts, transmits or makes available through the Service; (2)
Customer's use of the Service or Equipment; (3) Customer's connection
to the Service or Equipment; (4) Customer's violation of this Agreement;
or (5) Customer's violation of any rights of a third party.
16.DISPUTE RESOLUTION - THIS SECTION PROVIDES FOR THE
RESOLUTION OF MOST DISPUTES OR CLAIMS THROUGH
ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS.
CUSTOMER SHOULD READ THIS SECTION CAREFULLY;
ARBITRATION IS FINAL, BINDING AND SUBJECT TO ONLY VERY
LIMITED REVIEW BY A COURT. THIS SECTION GOVERNING
DISPUTES SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
Mandatory Arbitration - CUSTOMER AND NEXTEL AGREE TO
ARBITRATE ANY CLAIM, CONTROVERSY OR DISPUTE ARISING
UNDER OR RELATED TO THIS AGREEMENT OR ANY EQUIPMENT
USED IN CONNECTION WITH THE SERVICE (OR ANY PRIOR ORAL