173
FITNESS FOR A PARTICULAR PURPOSE, T ITLE
OR NON-INFRINGEMENT CONCERNING
CUSTOMER’S SERVICE OR THE E QUIPMENT.
NEXTEL DOES NOT AUTHORIZE ANY ONE TO
MAKE ANY REPRESENTATION OR WARRANT Y
ON ITS BEHALF, AND CUSTOMER SHOU LD
NOT RELY ON ANY SUCH STATEMENT (S).
ANY STATEMENTS MADE IN PACKAGIN G,
MANUALS OR OTHER DOCUMENTS, OR BY
ANY NEXTEL EMPLOYEES, AGENTS OR
REPRESENTATIVES, ARE PROVIDED FO R
INFORMATIONAL PURPOSES ONLY AND NOT
AS WARRANTIES BY NEXTEL OF AN Y KIND.
CUSTOMER ASSUMES ALL RESPONSIBI LITY
FOR USE OF THE SERVICE AND THE QUALI TY
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 EQUIPM ENT
SHOULD NOT BE INTERPRETED AS A
WARRANTY. THIS SECTION SHALL SURVIVE
TERMINATION OF THIS AGREEMENT.
14. LIMITATION OF LIABILITY AND REMEDIES
FOR BREACH - Nex tel shall not be liabl e for: (1)
any deficiency in the Service, includin g, but not
limited to, mistakes, omissions, interruptions
(including, among others, interruptions caused by
Equipment or facilities f ai lu re or shor t ages) , err ors,
failures to transmit, delays or defects, network
problems, lack o f coverage or net work capacity,
dropped calls, inability to access the Service or
inability to plac e or receive calls o r 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 t ermination of
Service by Nextel or any oth er action taken by
Nextel in its sole discre tion intended to protect th e
Nextel wireless n etwork, systems, an d the rights or
property of Nexte l, its Customers, or others from
“hacking,” “spamming,” “viruses” or other potential
harms that Nextel believes may adversely impact
its network or syste ms; (4) the availabilit y or use of
Wireless Data Services, i ncluding but not limited
to, the compatibili ty or use of Online Applications or
Content, whether or not supported by Nextel, or
any contact with third parties through the use of
Wireless Data Services; (5) any damage or
personal injury all egedly caused by use of the
Equipment or Service; (6) any other damage due
directly or indirectly to causes beyond Nextel’s
control, includin g, but not limited t o, any act or
omission of any c arrier or service p rovider 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, fi res, floods, epidemic s, quarantine