the right to modify any and all elements of the Service charges at any time by giving notice of such changes to Customer. If Customer continues to use the Service after the Company has provided such notice, Customer will be deemed to have accepted the changes, and such changes will be effective immediately upon Customer’s use of the Service following notice of the changes, unless the Company’s communication indicates a later effective date. If Customer does not accept the changes, Customer must immediately cease all use of the Service.
7.BOOST MOBILE WIRELESS WEB SERVICES – BOOST MOBILE Wireless Web Services, consisting of certain applications such as Internet, email, data and other wireless information services (the “Applications”) are part of the Services that can be obtained through Company. Certain Applications offered through Company or authorized third parties may be compatible with the Equipment and/or the Service offered by Company. Customer acknowledges and agrees that there is no guarantee or assurance that the Applications are compatible, or will continue to be compatible, with Company’s System or any of its Equipment or Service offerings. Such compatibility shall not be construed as an endorsement of a particular Application or a commitment on the part of Company that Application(s) will continue to be compatible with the System, Equipment or Service for any period of time. Company reserves the right, in its sole discretion, to disable or discontinue any Application for any reason. Use of BOOST MOBILE Wireless Web Services requires a wireless Internet compatible phone, and is subject to any storage, memory or other Equipment limitation. Only certain Internet sites may be accessed, and certain BOOST MOBILE Wireless Web Services may not be available in all Company Service areas.
8.APPLICATION CUSTOMER CARE AND SUPPORT – Customer acknowledges and agrees that in most cases, the developer of an Application is responsible for providing customer care and Application support to all Customers using the Application. In the event Customer contacts Company customer care with a problem concerning the use of an Application, Customer may be referred to the Application developer’s customer care, and Company shall have no obligation to support such Application.
9.CONTENT; INTELLECTUAL PROPERTY RIGHTS – Company is not a publisher of the third party content that Customer may access from time to time through BOOST MOBILE Wireless Web Services; therefore, Company is not responsible for the content provided by such third parties, including but not limited to statements, opinions, graphics, photos, music, services and other information (“Content”), and accessed by Customer through Boost Wireless Web Services. Company gives no guarantee or assurance as to the currency, accuracy, completeness or utility of Content obtained through BOOST MOBILE Wireless Web Services. Company, Content providers and others have proprietary interests in certain Content. Customer shall not reproduce, broadcast, distribute, sell, publish, commercially exploit or otherwise disseminate such Content in any manner, or permit others to do so, without the prior written consent of Company, Content providers, or others with proprietary interests in such Content, as applicable.
10.RISK OF LOSS: INSURANCE – Upon Customer’s acceptance of delivery of the Equipment, all risk of loss, damage, theft, or destruction to the Equipment shall be borne by the Customer. No such loss, damage, theft, or destruction of the Equipment, in whole or part, shall impair the obligations of Customer hereunder, including, without limitation, responsibility for the payment of Service Charges due hereunder.
11.TAXES, FEES, SURCHARGES & ASSESSMENTS – Customer is responsible for all federal, state, and local taxes, fees, surcharges, and other assessments (collectively, “Charges”) that are imposed on telecommunications services, other services, and
