Motorola I830 User Guide

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government mandated, but is collected to recover
Nextels costs for complying with Federal
Communications Commission (FCC) programs
and mandates. The FPCR fee is subject to
adjustment, and Nextel will provide advance notice
to Customer through the Nextel News section of
Customers bill or a bill insert of any significant
increase in the FPCR fee. Please consult the
current Nextel pricing materials, a sales consultant
or visit http://www.Nextel.com for information
regarding the FPCR fee and the current amount of
the fee. Additional fees may be added to
Customers bill to recover Nextels costs for funding
government programs or initiatives.
Early Termination Component of Rate Structure -
Nextel incurs a significant cost in activating Service
to Customer, including a large up-front cost in
offering Equipment to Customer. These costs are
partially recouped over the length of Customers
Agreement with Nextel through monthly service
rate charges to Customer, which have been
established in part for this purpose. If Customer
breaches this Agreement or terminates Service for
any reason (including by porting its Phone number
to another service provider), Customer
understands and acknowledges that Nextel will not
receive the full benefit of its Agreement with
Customer, in part, because Nextel will not continue
to receive monthly service charges from Customer.
As a result, Nextel shall incur damages that aredifficult, if not impossible, to determine.
THEREFORE, IN THE CASE OF BREACH OR
EARLY TERMINATION OF THE AGREEMENT BY
CUSTOMER, CUSTOMER SHALL PAY TO
NEXTEL, AS LIQUIDATED DAMAGES AND NOT
AS A PENALTY (IN ADDITION TO ALL
AMOUNTSTHENOWEDTONEXTEL),$200
FOR EACH NUMBER ASSIGNED TO
CUSTOMERS ACCOUNT AS A REASONABLE
ESTIMATE OF THE DAMAGES INCURRED BY
NEXTEL. This is intended to maintain Nextels
overall rate at an acceptable level despite
Customers early termination and will be assessed
without exception unless otherwise provided in this
Agreement or by applicable law.
Failure to Pay - Customer acknowledges that time
is of the essence with respect to all amounts owed
to Nextel. IF CUSTOMER HAS NOT PAID ITS
MONTHLY INVOICE IN FULL BY THE DUE
DATE, A LATE PAYMENT CHARGE OF UP TO
1.5% PER MONTH (18% ANNUALLY), OR SUCH
LESSER AMOUNT PERMITTED BY LAW, MAY
BE APPLIED TO THE TOTAL UNPAID BALANCE
DUE AND OUTSTANDING. THIS LATE
PAYMENT CHARGE IS ASSESSED TO
RECOVER COSTS FOR CUSTOMERS FAILURE
TO PAY AND SHALL NOT CONSTITUTE
INTEREST. Nextels acceptance of late or partial
payments (even if marked paid in full or similar
notations) shall not waive Nextels right to collect 
						

							134Nextel
®Terms and Conditions of Service
the full amount due under this Agreement, plus any
additional amounts charged under this paragraph.
If Nextel obtains the services of a collection or
repossession agency or an attorney to assist in
remedying any breach of this Agreement by
Customer, including but not limited to, Customers
nonpayment of charges, Customer shall be liable
for this expense.
Disputed Charges - Customer may dispute only
those charges that Customer believes are the
result of (1) a billing error; (2) a problem related to
Customers Service; or (3) dropped calls. To
dispute any charge, Customer must pay all
undisputed amounts when due and submit a
written notice to Nextel within ninety (90) days of
the problem or before the end of the third billing
cycle after the date upon which the problem
occurred, whichever occurs later. CUSTOMER
WAIVES THE RIGHT TO DISPUTE ANY
CHARGES FOR WHICH TIMELY NOTICE IS NOT
PROVIDED TO NEXTEL. Nextel shall resolve all
disputed charges in its sole discretion. If Nextel
determines that an error was made on Customers
invoice, Nextel will credit Customers account in the
amount of the error. If Nextel determines that a
disputed charge was validly assessed upon
Customer, Nextel will notify Customer and
Customer must furnish the amount to Nextel within
a reasonable period of time; or, if authorized by
Customer, Nextel may instead charge Customerscredit card or debit card by any amount that was
validly assessed. If Customer fails to pay any
undisputed amount or, after a reasonable period of
time, fails to pay any amount determined by Nextel
to have been validly assessed upon Customer,
Nextel may exercise any remedies available to
Nextel under this Agreement for non-payment,
including termination of the Agreement. Customer
hereby acknowledges that he or she has read the
explanation of rates and charges set forth in this
Section 7 and understands that these rates and
charges may be assessed upon Customer, to the
extent applicable.
8. BILLING - Nextel shall issue invoices for Service
and for purchases of Equipment. Nextels invoicing
cycle is approximately thirty (30) days, but may
changefromtimetotime.Thedayofthemonthon
which Customer receives an invoice may vary and
is subject to change. Service charges will be
invoiced to Customer in advance, and usage
charges will be invoiced in arrears. Customer may
be assessed a shipping charge for Equipment
delivered to Customer. Unless otherwise specified
in Customers Service Plan, any unused minutes or
other allotted Services under Customers Service
Plan will not be carried over to any other billing
cycle. If Customers Service is terminated for any
reason (including if Customers Number is ported)
before the end of any billing cycle, no credit or
refund will be provided for unused minutes or other 
						

							135
allotted Services and any monthly service charge
will not be prorated to the date of termination. On
occasion, Customer may be billed for Services in a
month other than the month in which Customer
used the Service. The creation of new cell sites,
Nextels implementation of new billing technology,
delays in the reporting of international or other
roaming charges between carriers, and other
similar events may result in such delayed billing.
Nextel may bill Customer on behalf of third party
providers of Online Applications that are accessed
by Customer through the Equipment. Nextel may
retain a percentage of these charges before
providing the balance to the third party provider of
such Online Application.
9. PAYMENTS - Recurring Credit/Debit Card
Payments
Customer may pay any amount owed to Nextel by
using a credit or debit card acceptable to Nextel. If
Customer wishes to pay all amounts in this manner
on a recurring basis, Customer must complete a
separate payment enrollment form (Payment
Form). Customer acknowledges that upon signing
the appropriate Payment Form, the Payment Form,
including its applicable terms and conditions, will
become a part of this Agreement. Customer shall
promptly notify Nextel of any changes to the credit
or debit card (e.g., if the card is terminated, lost,
stolen or the expiration date changes) or bankaccount used for payment. Enrollment is for the
duration of this Agreement unless cancelled earlier
by either Customer or Nextel upon thirty (30) days
advance written notice to the other party.
Specific Form of Payment - Nextel may, at any
time and from time to time, as it deems appropriate
(e.g., following receipt of a dishonored check or
other instrument), demand that Customer make
payment by money order, cashiers check, or a
similarly secure form of payment. Nextel also may
require at any time in its sole discretion that the
Equipment be purchased for cash only. In this
case, title to the Equipment shall be transferred to
Customer only after receipt by Nextel of a cashiers
or certified check or other equally secure form of
payment in the amount required by Nextel.
Dishonored Checks - Nextel may charge Customer
up to the highest amount permitted by law for any
check or other instrument tendered by Customer
and returned unpaid by a financial institution for
any reason.
10. SUSPENSION, LIMITATION OR
TERMINATION OF SERVICE OR THIS
AGREEMENT - General - Nextel may limit,
suspend or terminate Customers Service or this
Agreement at any time and without providing
notice to Customer if: (1) Customer fails to pay any
charges (including, without limitation, any charges
assessed on behalf of third parties) when due 
						

							136Nextel
®Terms and Conditions of Service
under this Agreement; (2) Customer behaves in an
abusive, derogatory, or otherwise unreasonable
manner to any Nextel employee, representative or
agent; (3) Nextel has reason to believe that
Customers Service is being used in a fraudulent
manner or for an illegal purpose (such as unusual
activity levels or calling patterns); (4) Customers
Service is being used in a way that adversely
affects other Customers Service or Nextels
business operations; (5) Customer provides Credit
Information that is false, inaccurate, dated or
cannot be verified or Customer becomes insolvent
or subject to any proceeding under the Bankruptcy
Code or similar laws; (6) Nextel discovers that
Customer is underage or does not otherwise
possess the capacity or the authorization to enter
into this Agreement; (7) Customers use of the
Service or Equipment exceeds limitations or
violates any restrictions placed on Customers
account or otherwise breaches this Agreement; or
(8) Nextel, in its sole discretion, believes action is
required to protect its interests or the interests of
Customer or its other customers. NEXTEL SHALL
NOT BE LIABLE TO CUSTOMER OR TO ANY
OTHER PARTY FOR EXERCISING OR FAILING
TO EXERCISE ITS RIGHTS UNDER THIS
SECTION TO LIMIT, SUSPEND OR TERMINATE
SERVICE OR THE AGREEMENT. If Customers
Service is subject to fraudulent use, Customer
shall immediately notify Nextels Customer Caredepartment, provide Nextel with any
documentation and information that it requests and
otherwise cooperate with Nextel in the
investigation of such incident. If Nextel terminates
ServicetoCustomer,andServiceisnot
reconnected within thirty (30) calendar days, all
amounts owed to Nextel (including any damages
for early termination) shall become immediately
due and payable.
Reactivation - Nextel may, but is not required to,
reactivate Service to Customer after Service has
been suspended or terminated in accordance with
the previous subsection. Before Service may be
reactivated, Customer must pay to Nextel all past
due amounts plus a reconnection charge equal to
$25.00 per Number, plus applicable taxes. Nextel
may modify the terms of Service before
reactivating Service to Customer and may require
Customer to provide Nextel with an initial Deposit
or an additional Deposit.
11. RELEASE OF CUSTOMER INFORMATION -
Privacy - Wireless systems use radio channels to
transmit communications that may be accidentally
or intentionally intercepted. Although federal and
state laws may make it illegal for third parties to
listen in on Customers Service, privacy cannot be
guaranteed. NEXTEL SHALL NOT BE LIABLE TO 
						

							137
CUSTOMER OR TO ANY THIRD PARTY FOR
EAVESDROPPING ON OR INTERCEPTION OF
COMMUNICATIONS MADE WHILE USING THE
SERVICE OR THE EQUIPMENT.
911 or Other Emergency Calls - The Service does
not interact with 911 and other emergency services
in the same manner as non-wireless or landline
telephone services. Depending on Customers
location, the type of Equipment being used, the
type of equipment being utilized by any applicable
emergency services provider, and the
circumstances and conditions of a particular call,
Customers phone number and/or location may not
be identifiable to emergency services providers
and Customer may not be connected to the
appropriate emergency services provider. In
certain circumstances, a 911 call may be routed to
a state patrol dispatcher. Nextel is deploying
wireless E911 compatible Equipment that meets
applicable FCC requirements and that is designed
to help public safety authorities locate users of the
Service who make 911 calls. However, E911
service that is compatible with the FCC technical
requirements is not available in all areas, and even
in those areas where it is available, it is not entirely
reliable. Moreover, if Customers Equipment is not
GPS-enabled, emergency services personnel may
have much less precise location information about
the Customer, compared to the information
available to them if Customers Equipment wasGPS-enabled. The information available to
emergency service providers may also be limited if
Customers number or numbers are in the process
of being ported. Customer acknowledges that
E911 service is not available in all areas, is not
completely reliable and is further limited when
using non-GPS enabled Equipment or during the
number porting process. Customer consents to
Nextels disclosure of Customer information to
governmental and public safety authorities in
response to emergencies. This information may
include, but is not limited to, Customers name,
address, Number, and the location of the user of
theServiceatthetimeofcall.
Access, Use and Disclosure of Customer
Information and Communications - Customer
acknowledges and agrees that Nextel may access,
use, and disclose to third parties, any information
whether personally identifying information, or
customer proprietary network information
(CPNI) within the meaning of 47 U.S.C. § 222
and its implementing regulations (CPNI
Regulations) that Nextel collects, possesses or
develops about Customer to: (1) provide Customer
with Equipment, Service, or customer support; (2)
conduct marketing activities in accordance with
applicable law (customer may opt out of any such
marketing by contacting Nextel); (3) enable
Customer to switch to a new service provider
(either Nextel or another service provider) while 
						

							138Nextel
®Terms and Conditions of Service
retaining the same phone number; (4) list
Customers contact information (e.g., name,
address, and Number) in a telephone or subscriber
directory, or include such information in a directory
assistance service; (5) provide handset-based or
network-based geographic information services via
Nextel-provided or third party software
Applications; (6) comply with applicable law; or (7)
respond to emergencies. Customer acknowledges
that any information that identifies Customer (e.g.,
Customers name and Number) and calls made by
Customer may appear on the Equipment or bill of a
person or party that receives Customers call.
Nextel may access, use, disclose, record or
monitor any communications to or from Customer
or any other person to protect Nextels rights or
property or those of other customers, as permitted
by law.
Geographic Information Services - Consistent with
the foregoing, Customer acknowledges and agrees
that Nextel or a third party application service
provider may access, use, and disclose to third
parties the geographic location of Customers
Equipment to provide Customer with any
geographic information service which Customer
accesses through the Service or Equipment. If
Customer utilizes any such service and there are
additional users on Customers account, Customer
shall clearly, conspicuously, and regularly notify all
individual users of the Service that locationinformation (i.e., the geographic coordinates of the
Equipment) may be accessed, used, or disclosed
in connection with the Service. For any geographic
information service that is governed by the CPNI
regulations or a similar law, Nextel will provide
Customer with a separate notice and opportunity to
consent to the access, use, and disclosure of
geographic information. CUSTOMER SHALL
HOLD HARMLESS AND INDEMNIFY NEXTEL
AGAINST ANY AND ALL CLAIMS, LOSSES,
EXPENSES, DEMANDS, ACTIONS, OR CAUSES
OF ACTION (INCLUDING ALL ACTIONS BY
THIRD PARTIES) ARISING OUT OF A BREACH
OF CUSTOMERS OBLIGATION TO NOTIFY
USERS AS SET FORTH IN THIS SECTION OR
CUSTOMERS USE OF ANY GEOGRPAHIC
INFORMATION SERVICE OR LOCATION
INFORMATION.
12. EQUIPMENT - Customer shall provide Nextel
with an initial payment in the amount required by
Nextel, to be applied towards any amount owed to
Nextel one (1) year from the effective date of the
Agreement. Customer acknowledges that Nextel is
not responsible for the Equipment or its installation.
Nextel is not responsible for the operation, quality
of transmission, or, unless separate maintenance
arrangements have been made between Nextel
and Customer, for maintenance of the Equipment.
Customer further acknowledges that Equipment
purchased from Nextel is not compatible with and 
						

							139
will not support services provided by other wireless
carriers, except for those services provided by an
entity operating compatible iDEN equipment or in
connection with roaming to certain countries
outside of the United States. NEXTEL SHALL NOT
BE LIABLE FOR ANY DAMAGES (INCLUDING
DA MA GE TO THE E QU IPMENT) RESULTIN G
FROM INSTALLATION OF THE EQUIPMENT BY
CUSTOMERORANYTHIRDPARTY.UPON
CUSTOMERS ACCEPTANCE OF DELIVERY OF
THE EQUIPMENT, ALL RISK OF LOSS,
DAMAGE, THEFT, OR DESTRUCTION TO THE
EQUIPMENT SHALL BE BORNE BY THE
CUSTOMER. NO LOSS, DAMAGE, THEFT, OR
DESTRUCTION OF THE EQUIPMENT, IN
WHOLE OR IN PART, SHALL IMPAIR
CUSTOMERS OBLIGATIONS UNDER THIS
AGREEMENT, INCLUDING, WITHOUT
LIMITATION, CUSTOMERS RESPONSIBILITY
FOR THE PAYMENT OF SERVICE CHARGES
DUE UNDER THE AGREEMENT.
Insurance - Customer may purchase Direct Protect
insurance (Direct Protect) to protect Customer
against loss, theft, incidental damage or accidents
involving Customers Equipment. However, Direct
Protect is not available for certain Equipment.
Customer acknowledges that Direct Protect
insurance is provided by The Signal
Telecommunications Insurance Services (Signal)
and not by Nextel. If Customer selects DirectProtect coverage, Customer will be assessed a
monthly charge, which Nextel will remit to Signal
on Customers behalf. Any requests for information
or claims regarding Direct Protect shall be directed
to Signal. Customer acknowledges that a summary
of coverage is available at www.nextel.com, which
information is also available by calling Signal at
1-888-352-9182.
Lost or Stolen Equipment - If Customers
Equipment is lost or stolen, Customer agrees to:
(1) notify Nextel within two calendar days by calling
Nextels Customer Care department; (2) provide
Nextel with any documentation and information
that it requests; and (3) otherwise cooperate with
Nextel in the investigation of such incident.
13. DISCLAIMER OF WARRANTIES - NEXTEL
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
CUSTOMERS SERVICE OR THE EQUIPMENT.
NEXTEL 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 
						

							140Nextel
®Terms and Conditions of Service
ANY NEXTEL EMPLOYEES, AGENTS OR
REPRESENTATIVES, ARE PROVIDED FOR
INFORMATIONAL PURPOSES ONLY AND NOT
AS WARRANTIES BY NEXTEL 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. NEXTEL 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 - Nextel 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 ofService by Nextel or any other action taken by
Nextel in its sole discretion intended to protect the
Nextel wireless network, systems, and the rights or
property of Nextel, its Customers, or others from
hacking, spamming, viruses or other potential
harms that Nextel believes may adversely impact
its network or systems; (4) the availability or use of
Nextel Online
®Services, including but not limited
to, the compatibility or use of Online Applications or
Content, whether or not supported by Nextel, or
any contact with third parties through the use of
Nextel Online®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 Nextels
control, including, but not limited to, any act or
omission of any carrier or service provider 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, fires, floods, epidemics, quarantine
restrictions, corrosive substances in the air or other
hazardous environmental conditions, strikes,
freight embargoes, inability to obtain materials or
services, commotion, war, terrorism, unusually
severe weather conditions or default of Nextels
subcontractors. 
						

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WITHOUT LIMITING THE FOREGOING,
NEXTELS SOLE LIABILITY FOR SERVICE
DISRUPTION, WHETHER CAUSED BY THE
NEGLIGENCE OF NEXTEL OR OTHERWISE, IS
LIMITED TO A CREDIT ALLOWANCE OF NOT
MORE THAN THE PROPORTIONATE CHARGE
TO CUSTOMER FOR THE PERIOD OF SERVICE
DISRUPTION. EXCEPT AS OTHERWISE SET
FORTH IN THE PRECEDING SENTENCE, IN NO
EVENT SHALL NEXTEL BE LIABLE FOR
ACTUAL DAMAGES OR FOR CONSEQUENTIAL,
INCIDENTAL, SPECIAL OR OTHER INDIRECT
DAMAGES CAUSED BY ITS NEGLIGENCE OR
OTHERWISE, NOR FOR ECONOMIC LOSS,
PERSONAL INJURIES OR PROPERTY DAMAGE
SUSTAINED BY CUSTOMER OR ANY THIRD
PARTIES. IF CUSTOMER IS PROVIDED WITH A
CREDIT ALLOWANCE UNDER THIS SECTION,
NEXTEL SHALL BE SUBROGATED TO ANY AND
ALL RIGHTS THAT CUSTOMER MAY HAVE
AGAINST ANY THIRD PARTY AS A RESULT OF
CUSTOMERS LOSS OR EXPENSE, INCLUDING
BUT NOT LIMITED TO, ANY RIGHT CUSTOMER
MAY HAVE UNDER THE TELEPHONE
CONSUMER PROTECTION ACT. THIS SECTION
14 SHALL SURVIVE TERMINATION OF THIS
AGREEMENT.UNDER CERTAIN CIRCUMSTANCES, SOME
JURISDICTIONS MAY NOT RECOGNIZE OR
GIVE EFFECT, IN WHOLE OR IN PART, TO
WARRANTY DISCLAIMERS AND/OR
LIMITATIONS OF REMEDIES FOR BREACH;
AND THEREFORE, TO THE EXTENT THAT THE
DISCLAIMER SET FORTH IN SECTION 13 AND
THE LIMITATION OF REMEDIES IN SECTION 14
ARE NOT PERMITTED BY APPLICABLE LAW,
THEY WILL NOT APPLY TO CUSTOMER OR
SHALL ONLY APPLY TO THE EXTENT
PERMITTED BY SUCH APPLICABLE LAW.
15. INDEMNIFICATION - Customer shall
indemnify, defend, and hold Nextel harmless from
any violation by Customer of any applicable law or
regulation. Customer will further indemnify Nextel
for any claim or demand, including reasonable
attorneys fees, made by any third party due to or
arising out of: (1) information or Content that
Customer submits, posts, transmits or makes
available through the Service; (2) Customers use
of the Service or Equipment; (3) Customers
connection to the Service or Equipment; (4)
Customers violation of this Agreement; or (5)
Customers violation of any rights of a third party.
16. DISPUTE RESOLUTION - THIS SECTION
PROVIDES FOR THE RESOLUTION OF MOST
DISPUTES OR CLAIMS THROUGH
ARBITRATION INSTEAD OF COURT TRIALS 
						

							142Nextel
®Terms and Conditions of Service
AND CLASS ACTIONS. CUSTOMER SHOULD
READ THIS SECTION CAREFULLY;
ARBITRATION IS FINAL, BINDING AND
SUBJECT TO ONLY VERY LIMITED REVIEW BY
A COURT.THIS SECTION GOVERNING
DISPUTES SHALL SURVIVE TERMINATION OF
THIS AGREEMENT.
Mandatory Arbitration - CUSTOMER AND
NEXTEL AGREE TO ARBITRATE ANY CLAIM,
CONTROVERSY OR DISPUTE ARISING UNDER
OR RELATED TO THIS AGREEMENT OR ANY
EQUIPMENT USED IN CONNECTION WITH THE
SERVICE (OR ANY PRIOR ORAL OR WRITTEN
AGREEMENT FOR WIRELESS SERVICE WITH
NEXTEL) EXCEPT THAT CUSTOMER OR
NEXTEL MAY BRING AN INDIVIDUAL ACTION IN
SMALL CLAIMS COURT. CUSTOMER AND
NEXTEL ACKNOWLEDGE THAT THIS
AGREEMENT EVIDENCES A TRANSACTION IN
INTERSTATE COMMERCE AND THAT THE
FEDERAL ARBITRATION ACT SHALL GOVERN
THE INTERPREATION AND ENFORCEMENT OF
THIS ARBITRATION PROVISION. TO INITIATE
ARBITRATION, CUSTOMER OR NEXTEL MUST
FIRST SEND A WRITTEN NOTICE, VIA
CERTIFIED MAIL, TO THE OTHER PARTY
INDICATING ITS INTENT TO ARBITRATE,
WHICH NOTICE SHALL INCLUDE: (1) A
DESCRIPTION OF THE FACTS; (2) A
DESCRIPTION OF THE NATURE OF THECLAIM; AND (3) THE RELIEF SOUGHT (NOTICE
TO ARBITRATE). SEND NOTICE TO
ARBITRATE TO: NEXTEL GENERAL COUNSEL,
ARBITRATION OFFICE, 2001 EDMUND HALLEY
DRIVE, RESTON, VIRGINIA 20191. BOTH
PARTIES AGREE TO MAKE REASONABLE
ATTEMPTS TO RESOLVE ANY SUCH DISPUTE;
HOWEVER, IF THE PARTIES CANNOT
RESOLVE THE DISPUTE WITHIN FORTY-FIVE
(45) DAYS OF RECEIPT OF NOTICE TO
ARBITRATE, THEN AN ARBITRATION CLAIM
MAY COMMENCE. ANY ARBITRATION
INITIATED UNDER THIS AGREEMENT SHALL
BE ADMINISTERED BY THE AMERICAN
ARBITRATION ASSOCIATION (AAA) IN
ACCORDANCE WITH ITS WIRELESS INDUSTRY
ARBITRATION RULES (AND THE AAA
SUPPLEMENTAL PROCEDURES FOR
CONSUMER RELATED DISPUTES AS THEY
MAY BE APPLICABLE), AS MODIFIED BY THIS
AGREEMENT. INFORMATION CONCERNING
THE AAA, ITS WIRELESS INDUSTRY
ARBITRATION RULES AND OTHER
INFORMATION CONCERNING ARBITRATION
PROCEDURES AND FEES CAN BE FOUND BY
CALLING THE AAA AT 1-800-778-7879 OR
VISITING ITS WEBSITE AT http://www.adr.org.