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Nextel
®
Terms and Conditions of Service
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
911 OR OTHER EMERGENCY CALLS - (a) The
Service provided hereunder does not interact with
911 and 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 quasi-governmental institutions
such as emergency service providers and law
enforcement agencies, where Company deems it
necessary to respond to an exigent circumstance.
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
MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. CUSTOMER HEREBY