157
Boost MobileTM Terms and Con ditions of Service
have proprietary in terests in certain C ontent.
Customer shall not repro duce, broadcast, dist ribute,
sell, publish, commercially exploit or otherwise
disseminate such Co ntent in any manner , or permit
others to do so, with out the prior writte n consent of
Company, Content providers, or others with
proprietary intere sts in such Content , as applicable.
10. RISK OF LOSS: INSURANCE – Upo n
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, damag e, theft, or
destruction of the Equipment, in whole or part, shall
impair the obligation s of Customer hereu nder,
including, without limitation , r espo ns ib il ity for the
payment of Service Charges due hereunder.
11. TAXES, FEES, SURCHARGES &
ASSESSMENTS – Customer is responsible f or all
federal, state, and l ocal t axe s, f e es, s ur ch arg es , and
other assessments (c ollectively, “Charge s”) that are
imposed on telecomm unications services, other
services, and equipment or that are measured by
gross receipts from the sale of telecommunications
services and/or eq uipment. Such Char ges shall
include, but are not limit ed to: excise taxes; sales
and transaction taxes; utility taxes; regulato ry fees
and assessments; univer s al serv ic e assessments,
telephone relay service (TRS) assessments;
recoveries or simi lar charges. Custom er shall be
responsible for such Charges reg ard le ss of whe the r
the Charge is imposed upon the sale of equipment
or services, upon Customer, or upon Company. If
any such Charge is deter mi ne d to b e ap pl ic ab le and
has not been paid by Customer before C ustomer
accepts delivery of equipm en t, Customer shall pay
Company the full amount of any such Charge no
later than ten (10) days after receipt of the invoi ce
therefor.
12. COVERAGE AREA – Local Dispatch (BOOST
Walkie-Talkie), cellular calling, BOOST MOBILE
Wireless Web Services, and respective coverage
areas for these Serv ices are subject to c hange at
any time at the sole discretio n of C om pa n y .
13. DEFAULT / TERMINATION - If you breach any
representation to C ompany or fail to per form any of
the promises you made in this Agreement, you will
be in default and Company may, without notice to
you, suspend Service and/or terminate this
Agreement, in additi on to all other reme dies
available to us. You agree to pay all cos ts includ i ng
reasonable attorn ey s fee s, c ol lec tio n fe es , an d c ou rt
costs Company may incu r in enforcing this
Agreement through any appeals.
14. LIMITATION AND CONDITION OF LIABILITY;
INDEMNITY - Compan y does not assume a nd shall
have no liability for (i) failure to delive r the
Equipment within a specified time period; (ii)
unavailability or del ays in delivery of th e Equipment