67
General Terms and Conditions
STATEMENT(S). ANY STATEMENTS MADE IN PACKAGING,
MANUALS OR OTHER DOCUMENTS, OR BY ANY NEXTEL
EMPLOYEES, AGENTS OR REPRESENTATIVES, ARE PROVIDED
FOR INFORMATIONAL PURPOSES ONLY AND NOT AS
WARRANTIES BY NEXTEL OF ANY KIND. CUSTOMER ASSUMES
ALL RESPONSIBILITY FOR USE OF THE SERVICE AND THE
QUALITY AND PERFORMANCE OF THE EQUIPMENT. CUSTOMER
ACKNOWLEDGES THAT SERVICE MAY NOT BE ERROR-FREE AND
THAT INTERRUPTIONS WILL LIKELY OCCUR FROM TIME TO TIME.
NEXTEL DOES NOT MANUFACTURE THE EQUIPMENT AND ANY
STATEMENT REGARDING THE EQUIPMENT SHOULD NOT BE
INTERPRETED AS A WARRANTY. THIS SECTION SHALL SURVIVE
TERMINATION OF THIS AGREEMENT.
14.LIMITATION OF LIABILITY AND REMEDIES FOR BREACH - Nextel
shall not be liable for: (1) any deficiency in the Service, including, but not
limited to, mistakes, omissions, interruptions (including, among others,
interruptions caused by Equipment or facilities failure or shortages),
errors, failures to transmit, delays or defects, network problems, lack of
coverage or network capacity, dropped calls, inability to access the
Service or inability to place or receive calls or problems of unauthorized
access; (2) the unavailability or any failure or delay in delivery of the
Equipment or the cancellation of any orders of Equipment by the
manufacturer; (3) any suspension or termination of Service by Nextel or
any other action taken by Nextel in its sole discretion intended to protect
the Nextel wireless network, systems, and the rights or property of
Nextel, its Customers, or others from "hacking," “spamming,” "viruses" or
other potential harms that Nextel believes may adversely impact its
network or systems; (4) the availability or use of Nextel Web Services,
including but not limited to, the compatibility or use of Online Applications
or Content, whether or not supported by Nextel, or any contact with third
parties through the use of Nextel Web Services; (5) any damage or
personal injury allegedly caused by use of the Equipment or Service; (6)
any other damage due directly or indirectly to causes beyond Nextel's
control, including, but not limited to, any act or omission of any carrier or
service provider other than Nextel; or (7) acts of God, acts of public
enemies, acts of the government, acts or failure to act of Customer, its
agents, employees or subcontractors, fires, floods, epidemics,
quarantine restrictions, corrosive substances in the air or other
hazardous environmental conditions, strikes, freight embargoes, inability
to obtain materials or services, commotion, war, terrorism, unusually
severe weather conditions or default of Nextel's subcontractors.
WITHOUT LIMITING THE FOREGOING, NEXTEL'S SOLE LIABILITY
FOR SERVICE DISRUPTION, WHETHER CAUSED BY THE
NEGLIGENCE OF NEXTEL OR OTHERWISE, IS LIMITED TO A
CREDIT ALLOWANCE OF NOT MORE THAN THE PROPORTIONATE
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