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Nextel®Termsand Conditionsof Service
ANYNEX TEL EMPLOYEES, AGENTS OR
REPRESENTATIVES, ARE PROVIDED FOR
INFORMATIONALPURPOSES ONLY AND NOT
ASWARRANTIES B Y NEXTEL OF ANY KIND.
CUSTOMER ASSUMES ALL RESPONSIBILITY
FOR USE OF THE SERVICE AND THE QUALITY
ANDPERFORMANCE OF THEEQUIPMENT.
CUSTOMERACKNOWLEDGES THATSERVICE
MAYNOT BE ERROR-FREE AND THAT
INTERRUPTIONSWILL LIKELY OCCUR FROM
TIME TO TIME. NEXTEL DOES NOT
MANUFACTURETHE EQUIPMENT AND ANY
STATEMENTREGARDINGTHE EQUIPMENT
SHOULD NOT BE INTERPRETED AS A
WARRANTY. THIS SECTION SHALL SURVIVE
TERMINATION OF THIS AGREEMENT.
14. LIMITATION OF LIABILITY AND REMEDIES
FORBREACH - Nextel shall not be liable for:(1)
any deficiency in the Service, includ ing, but not
limitedto, mistakes, omissions,interruptions
(including,among others,interruptions caused by
Equipmentor facilitiesfailure or shortages),errors,
failuresto transmit, delaysor defects, network
problems,lack of coverageor network capacity,
droppedcalls, inabilityto access the Serviceor
inabilityto place orreceive calls or problemsof
unauthorized access; (2) the un availability or any
failureor delay in deliveryof the Equipment orthe
cancellationof any ordersof Equipment by the
manufacturer;(3)any suspension or terminationof
Serviceby Nextel or anyother action taken by
Nextelin its sole discretionintended to protectthe
Nextel wireless network, s ystems, and the rights or
property of Nextel, its Custom ers, or others from
"hacking," "spamming ," "viruses" or other pot ential
harmsthat Nextel believesmay adversely impact
itsn etwork or systems; (4 ) the availability or u se of
NextelOnline®Services, includingbut not limited
to,the compatibilityor use of OnlineApplicationsor
Content, whether or not su pported by Nextel, or
anycontact with thirdparties through the useof
NextelOnline®Services; (5) any damage or
personalinjury allegedlycaused by use of the
Equipmentor Service;(6) any other damage due
directlyor indirectlyto causes beyond Nextel's
control, including, but not limi ted to, any act or
omissionof any carrieror service provider other
thanNextel; or (7) acts of God, actsof public
enemies,acts of the government,acts or failure to
actof Customer, its agents, employeesor
subcontractors, fires, f loods, epidemic s, quarantine
restrictions,corrosivesubstancesin the air or other
hazardousenvironmentalconditions, strikes,
freight embargoes, ina bility to obtain mate rials or
services,commotion,war, terrorism, unusually
severe weather condition s or default of Nextel' s
subcontractors.