Nextel Wallet User Agreement
User Agreement: In addition to any other agreements in effect between you and Nextel, by clicking "I Agree," you agree to be bound by all terms, conditions and notices set forth below ("User Agreement"). If you do not agree, you will not be permitted to open an account. Nextel may change, at its sole discretion, the User Agreement from time to time without prior notice. Please check the User Agreement periodically for changes. Your continued use of your account following the posting of any changes to the User Agreement constitutes acceptance of those changes. In the event of a conflict between the User Agreement and any other applicable agreement between you and Nextel, the User Agreement shall govern. The terms of the User Agreement are supplemented by Nextel's Customer Proprietary Network Information ("CPNI") and privacy policies, as the same may be amended from time to time, which are incorporated herein by reference. The User Agreement and Nextel's CPNI and privacy policies are available at www.Nextel.com.
  1. Your Account: An account is available to you as an individual. There is no charge for opening an account. You are liable for all charges incurred through use of the account. Rates and prices are disclosed at the individual sites at which you enter into transactions. Charges vary according to the content and services you purchase and are subject to change. If you allow others to use your account, you are liable for charges they incur. You will responsible for charges incurred on a monthly basis.

  2. Payments: If you choose to be billed to your wireless phone ("Bill to Phone"), Nextel will bill you for these transactions on your wireless phone invoice. Bill to Phone is not subject to stop payment, recall or reversal. If you choose to be billed to your credit card ("Bill to Card"), Nextel will bill you for these transactions on the designated credit card. This Bill to Card option may be the only payment option for certain transactions. Bill to Card purchases may be aggregated and appear on your credit card invoice as a charge from Nextel.

  3. Privacy: Please refer to Nextel's CPNI and privacy policies at www.Nextel.com for information about our collection, use, disclosure and protection of information relating to your use of Nextel's services, including the circumstances under which we may use your information and disclose it to third parties. Without limiting the terms of those policies, by opening an account, you consent to Nextel's collection of the information you provide or confirm at registration as well as information about your purchases and other transaction information. You also consent to Nextel's disclosure of such information to the content and service providers and other entities involved in transactions using your account, and to your credit card company and bank, the merchant bank, merchant aggregators, and other vendors, companies or service providers used to facilitate or complete the transactions ("Third Parties"). Information about you received by those Third Parties will be governed by their privacy policies, not the User Agreement or Nextel's CPNI and privacy policies, and you should review such Third Parties' privacy policies.

  4. Use and Abuse: By opening an account, you are promising not to abuse the account. Abuse includes, but is not limited to, using the account in a way that infringes others' intellectual property rights, reselling or otherwise commercially exploiting materials available through the account or using the account for criminal or fraudulent purposes.

  5. Termination: You may terminate your account at any time, for any reason, by contacting Nextel at www.Nextel.com. You will be liable for any charges incurred before termination of the account. We reserve the right to terminate your account at any time without notice if you abuse or misuse the account or if you provide materially inaccurate information to us, which shall be determined in our sole discretion. We also reserve the right to terminate your account at any time without notice for failure to pay or if you cancel your Nextel wireless service. We reserve the right to terminate your account for any reason at any time on prior notice. Finally, Nextel reserves the right to discontinue all accounts at any time.

  6. Disputes: Nextel reserves the right to terminate or restrict the privileges of your account if you or anyone using your account disputes a charge on improper grounds. You may not dispute charges to your account by partial payment of your Nextel wireless bill. Failure to pay your Nextel wireless bill in full may lead to suspension or cancellation of your Nextel wireless service. In addition, if you make a partial payment of the total amount due on your Nextel wireless bill, Nextel may allocate, in its sole discretion, the funds received from you to the amounts owed directly to Nextel and the amounts owed to third parties and you will be liable to such third parties for any amount remaining owed.

  7. DISCLAIMERS/ LIMITATIONS OF LIABILITY: IN ADDITION TO OTHER DISCLAIMERS AND LIMITATIONS OF LIABILITY STATED ELSEWHERE, THE FOLLOWING SHALL APPLY: Nothing in this User Agreement shall be deemed to establish a deposit, extension of credit or any similar relationship between you and Nextel or any third party. You understand and agree that in providing the service: (a) Nextel is only facilitating your access to the participating third parties and is not responsible for any of the transactions or purchases; (b) Nextel is not a third party beneficiary of or a guarantor of performance with respect to any such transactions; and (c) Nextel is not liable to you for the failure of any third party or your failure to enter into or complete such transaction. REGARDLESS OF THE FORM OF THE ACTION, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, NEXTEL SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES, COSTS, LOST PROFITS OR EXPENSES DIRECTLY OR INDIRECTLY CAUSED BY OR ARISING OUT OF OR STEMMING FROM AN ACCOUNT OR THIS USER AGREEMENT.

  8. Copyright Agent: Nextel respects the intellectual property rights of others, and ask our users to do the same. If you believe that your copyrighted work has been copied and is accessible in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been infringed, please provide Nextel's copyright agent with the following information:

    1. the electronic or physical signature of the owner or the person authorized to act on the behalf of the owner of the copyright or other intellectual property interest;
    2. a description of the copyrighted work or other intellectual property that you claim has been infringed, its location or source (whether URL or name of the book, magazine, etc… in which published) and a description of the infringing activity;
    3. a description of the URL or other specific location where the material that you claim is infringing is located;
    4. your name, address, telephone number and email address;
    5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
    6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf.

    Nextel's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

    By mail:
    Celeste Moy — COPYRIGHT AGENT
    Nextel Communications, Inc.
    2001 Edmund Halley Drive — 5th Floor
    Reston, Virginia 20191

    By phone:
    703-433-3989

    By email:
    celeste.moy@nextel.com

  9. Parental Control Protections: Parental control protections (such as computer hardware, software, or filtering services) are commercially available and may assist you in limiting access to material that is harmful to minors. Current providers include: CyberSitter [www.solidoak.com]; NetNanny [www.netnanny.com/index.html]. Nextel does not endorse any of these products; this section is provided to fulfill obligations under Federal law.

  10. Content: You may, from time to time, download and access through Nextel's wireless web services, various wallpapers, ring-tones, games, productivity tools, applications and content (“Licensed Content”), including content provided by third parties (“Third Party Content Providers”).

    1. Where applicable, the Third Party Content Providers grant you a personal, non-exclusive, non-transferable limited license to download, install and use the object code version of the Licensed Content on the cellular phone, Blackberry ® , radio equipment and all other related equipment or devices used in connection with the Nextel services (“Equipment”). This license is between you and each of the Third Party Content Providers , individually, for each Licensed Content item. Neither Nextel nor any of its affiliates or subsidiaries is a party to this license. This license is effective upon download, installation or use of the Licensed Content, applies only to the applicable Licensed Content, and does not supercede or replace any agreement you may have with the Third Party Content Providers for other content. This license shall last for the term indicated when the Licensed Content is downloaded. You may terminate this license with respect to any Licensed Content at any time by removing such Licensed Content from the Equipment. This license will terminate automatically if you fail to comply with the terms and conditions of this license or your agreement with Nextel, even if you are not given notice that this license has ended. Upon any termination of the license, you agree to immediately remove all Licensed Content from the Equipment.
    2. The Third Party Content Provider is protected under applicable laws, including copyright laws , and all rights not expressly granted in this license are reserved by the Third Party Content Provider . A separately licensed copy of the Licensed Content is required for each additional piece of Equipment. You acknowledge that ownership of the Licensed Content, including all intellectual property rights therein and all modifications thereof, is and shall remain with the Third Party Content Provider . You acquire only the rights to use the Licensed Content expressly granted herein and do not hereby acquire any other rights of ownership in the Licensed Content. You may not take any action to jeopardize in any manner the Third Party Content Provider's ownership or rights to the Licensed Content.
    3. You shall not have the right to print, copy, reproduce, distribute, modify, merge with other software, or in any other manner duplicate the Licensed Content, in whole or in part. You shall not decompile, disassemble or otherwise reverse engineer the Licensed Content or any part thereof. You shall not have the right to obtain or use any source code for the Licensed Content. You may not: grant a license to, or sublicense, the Licensed Content; rent, lease, assign, transfer or otherwise exploit the Licensed Content; modify the Licensed Content or merge any or all of the Licensed Content with another program; or remove, modify or obscure any proprietary labels or notices, copyright notices or trademarks on the Licensed Content. You understand that unauthorized reproduction or transfer of the Licensed Content may be a crime, and would subject you to damages and attorneys fees.



Back to Top