Nextel® Terms and Conditions of Service
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 State or Commonwealth in which this Agreement is executed by the Company.
19.NOTICE REGARDING USE OF SERVICE FOR
911OR OTHER EMERGENCY CALLS - (a) The Service provided hereunder does not interact with
911and other emergency services in the same manner as landline telephone service. Depending on Customer’s location and the circumstances and conditions of a particular call, the Service provided hereunder may not be able to identify Customer’s telephone number and/or location to emergency services, and Customer may not always be connected to the appropriate emergency services provider. Company is deploying wireless Enhanced
911(“E911 ”) service to help public safety authorities locate Customers and other users of the Service who make 911 calls. However, E911 is not available in all areas, and even in those areas where it is implemented, inherent limitations in this advanced wireless technology prevent it from being 100% reliable. Accordingly, Company agrees to provide Customer with E911 service where available, and Customer acknowledges that E911 service is not available in all areas and is not completely reliable. (b) Customer hereby consents to Company’s disclosure of Customer information,
including but not limited to Customer name, address, telephone number, and location, to governmental and
20.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.
21.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
