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Nextel
®
Terms and Conditions of Service
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 Online
®
Services, including but not limited
to, thecompatibilityor use of Online Applications or
Content, whether or not supported by Nextel, or
any contact with third parties through the use of
Nextel Online
®
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 airor 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.