|
<br />. re It en IcatlOn. ou agree t at may ven your cre It, or t e cre It 0 t e entIty on w ose e a you are executmg e greement, e ore agreemg to
<br />provide Services and Products, ALL TEL may also perform credit verifications at any time during the Term of the Agreement.
<br />9.Documentation. Any amendments to this Agreement must be in writing and signed by ALLTEL and you in order to become effective, and upon complete execution
<br />such shall constitute part of this Agreement. This Agreement, or the version you are signing, may be maintained by ALL TEL in electronic format, and you agree that the
<br />electronic format shall constitute a counterpart of this Agreement and serve as such in all material respects even though it may not bear your signature or that of ALL TEL.
<br />10.Limitation of Liability; No Warranties. Neither ALL TEL nor our vendors, suppliers or licensors are liable for any damages arising out of or in connection with any:
<br />(a) act or omission by you or another person or company; (b) temporary failure, deficiencies, or problems with your wireless device, our network coverage, or Services
<br />(e.g., dropped, blocked, interrupted calls/messages, etc.); (c) traffic or other accidents, or any health-related claims allegedly arising from the use of Services, any wireless
<br />devices or related accessories; (d) content or information accessed while using our Services, such as through the internet; ( e) interruption or failure in accessing or
<br />attempting to access emergency services from your phone, including through 911, E9l1 or otherwise; or (t) events due to factors beyond our control, including acts of
<br />God (including, without limitation, weather-related phenomena, fire or earthquake), war, riot, strike, or orders of governmental authority. In the event ALL TEL is found
<br />to be responsible to you for monetary damages relating to the Services (including wireless devices), you agree that any such damages will not exceed the pro-rated
<br />monthly recurring charge for your Services during the affected period. Nothing in this Agreement shall be construed as a grant by ALL TEL of any software license.
<br />ALL TEL does not produce equipment or software and the only warranties or representations with respect to equipment or software are those provided by the
<br />manufacturer, with respect to which ALLTEL has no liability whatsoever. ALLTEL MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED,
<br />INCLUDING (TO TIlE EXTENT ALLOWED BY LAW) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
<br />CONCERNING YOUR SERVICES OR WIRELESS DEVICES. ALLTEL DOES NOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICES AND YOU
<br />AGREE ALL TEL IS NOT LIABLE IN ANY MANNER FOR ANY AND ALL SUCH PROBLEMS.
<br />11. No Consequential Or Other Damages. UNDER NO CIRCUMSTANCES SHALL ALLTEL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL,
<br />PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH PROVIDING OR FAILING TO
<br />PROVIDE SERVICES, PHONES OR OTHER EQUIPMENT USED IN CONNECTION WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION, LOST
<br />PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES.
<br />12. Assignment. Neither this Agreement nor any rights or obligations under this Agreement may be assigned nor otherwise transferred by either party without the written
<br />consent of the other party, which shall not be unreasonably withheld. Notwithstanding the foregoing, ALL TEL may assign this Agreement or any of its rights or
<br />obligations under this Agreement to either an affiliate of ALL TEL or another service provider on condition that the assignee is financially and operationally capable 0
<br />performing ALLTEL's obligations stated herein. This Agreement shall inure to the benefit of and be binding upon the successors and permitted assigns of the parties.
<br />13. Miscellaneous. In order that each party may protect its trademarks, trade names, corporate slogans, corporate logo, goodwill and product designation, neither part
<br />will have any right to use any marks, names, slogans, logos or designations of the other party, other than as otherwise agreed to in writing by the other party. Each party
<br />shall, at its own expense, perform its obligations under this Agreement and conduct its business in compliance with all applicable laws and governmental rules and
<br />regulations. This Agreement does not create any agency, joint venture or partnership between ALLTEL and you. Neither party shall impose or create any obligation 0
<br />responsibility, express or implied, or make any promises, representations or warranties on behalf of the other party, other than as expressly provided herein. No waiver 0
<br />any provision of this Agreement shall be effective unless it is in writing and signed by the party against whom it is sought to be enforced. The delay or failure by eithe
<br />party to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of that party's right thereafter to enforce those rights, no
<br />shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. This Agreement shall be governed by
<br />and construed in accordance with the laws of the State of Arkansas without giving effect to its conflict of laws rules. All judicial proceedings to be brought with respect to
<br />the Agreement or any other dispute between the parties hereto shall be brought in Pulaski County, Arkansas, in a State or Federal Court of competent jurisdiction (the
<br />"Court") and each party accepts generally and unconditionally the exclusive jurisdiction of the Court and irrevocably waives any objection, including any objection to
<br />venue based upon forum non-conveniens, which either of them may now or hereafter have to the bringing of any such proceeding with respect to this Agreement or any
<br />other dispute in the Court. All notices delivered in accordance with this Agreement shall be in writing, and personally delivered, sent by certified mail (return receip
<br />requested) or overnight mail, to the other party at the address first set forth above, or sent by fax to the other party at the fax number set forth below, with confrmation to
<br />follow promptly by personal delivery, certified mail or overnight mail. Notices will be deemed effective upon personal delivery or delivery by fax to the other party, three
<br />(3) business days after mailing if sent by certified mail, or the next business day if sent by overnight mail. Either party may change its notice address or fax number by
<br />notice to the other party as provided in this paragraph. This Agreement has been negotiated by the parties and their respective counsel and should be fairly interpreted in
<br />accordance with its terms and provisions and without any strict construction in favor of or against either party. If any term or provision of this Agreement is found by
<br />court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, the same shall not affect any of the other terms or provisions of this Agreement, but such
<br />term or provision shall be deemed modified to the extent necessary to render such term or provision enforceable, and the rights and obligations of the parties shall be
<br />construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements of the parties set forth in the remainder of this Agreement. The
<br />headings used in this Agreement are for convenience of reference only, do not constitute a part of this Agreement, and will not be deemed to limit, expand or in any wa
<br />affect the interpretation of anv term or provision of this Agreement.
<br />
<br />Check N/A
<br />
<br />
<br />IV. PAYMENT INFORMATION
<br />ame: N/A : N/A
<br />
<br />Type: N/ A Account NI A
<br />
<br />Bank Name: N/A Account#: N/A
<br />
<br />
<br />Credit Card (not allowed
<br />without ALLTEL a roval
<br />Electronic Payment
<br />
<br />CUSTOMER SIGNATURE/AUTHORIZATION
<br />
<br />ALLTEL COMMUNICATIONS, INC.
<br />
<br />
<br />By:
<br />
<br />By:
<br />
<br />Name(print):~ ~
<br />
<br />Title (print): C Wli (man r 01IT en ~ OJ tYUY\i'Jf it\1
<br />
<br />Fax:
<br />
<br />Name (print): Lisa Duckstad
<br />
<br />Title (Print): Business Solutions Snecialist
<br />Fax: 701-281-2778
<br />
<br />2
<br />
|