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Nextel® Welcome Guide
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13.DISCLAIMER OF WARRANTIES - SPRINT MAKES NO
REPRESENTATIONS OR WARRANTIES, STATUTORY, EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE OR NON-INFRINGEMENT CONCERNING CUSTOMER’S
SERVICE OR THE EQUIPMENT. SPRINT DOES NOT AUTHORIZE
ANYONE TO MAKE ANY REPRESENTATION OR WARRANTY ON ITS
BEHALF, AND CUSTOMER SHOULD NOT RELY ON ANY SUCH
STATEMENT(S). ANY STATEMENTS MADE IN PACKAGING,
MANUALS OR OTHER DOCUMENTS, OR BY ANY SPRINT
EMPLOYEES, AGENTS OR REPRESENTATIVES, ARE PROVIDED
FOR INFORMATIONAL PURPOSES ONLY AND NOT AS
WARRANTIES BY SPRINT OF ANY KIND. CUSTOMER ASSUMES
ALL RESPONSIBILITY FOR USE OF THE SERVICE AND THE
QUALITY AND PERFORMANCE OF THE EQUIPMENT. CUSTOMER
ACKNOWLEDGES THAT SERVICE MAY NOT BE ERROR-FREE AND
THAT INTERRUPTIONS WILL LIKELY OCCUR FROM TIME TO TIME.
SPRINT DOES NOT MANUFACTURE THE EQUIPMENT AND ANY
STATEMENT REGARDING THE EQUIPMENT SHOULD NOT BE
INTERPRETED AS A WARRANTY. THIS SECTION SHALL SURVIVE
TERMINATION OF THIS AGREEMENT.
14.LIMITATION OF LIABILITY AND REMEDIES FOR BREACH - Sprint
shall not be liable for: (1) any deficiency in the Service, including, but not
limited to, mistakes, omissions, interruptions (including, among others,
interruptions caused by Equipment or facilities failure or shortages),
errors, failures to transmit, delays or defects, network problems, lack of
coverage or network capacity, dropped calls, inability to access the
Service or inability to place or receive calls or 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 termination of Service by Sprint or
any other action taken by Sprint in its sole discretion intended to protect
the Sprint wireless network, systems, and the rights or property of Sprint,
its Customers, or others from “hacking,” “spamming,” “viruses” or other
potential harms that Sprint believes may adversely impact its network or
systems; (4) the availability or use of Wireless Data Services, including
but not limited to, the compatibility or use of Online Applications or
Content, whether or not supported by Sprint, or any contact with third
parties through the use of Wireless Data Services; (5) any damage or
personal injury allegedly caused by use of the Equipment or Service; (6)
any other damage due directly or indirectly to causes beyond Sprint’s
control, including, but not limited to, any act or omission of any carrier or
service provider other than Sprint; 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, fires, floods, epidemics,