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E911 or otherwise; or (f) events due to factors beyond our control, including acts of God
(including, without limitation, weather-related phenomena, fire or earthquake), war,
In the event we are found to be
riot, strike, or orders of governmental authority.
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 monthly recurring charge for your Services during the affected period.
NO CONSEQUENTIAL OR OTHER DAMAGES.
UNDER NO CIRCUMSTANCES ARE WE
LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF
ANY NATURE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH PROVIDING OR
FAILING TO PROVIDE SERVICES, PHONES OR OTHER EQUIPMENT USED IN CONNECTION
WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF
BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES. THIS SECTION
SURVIVES TERMINATION OF THIS AGREEMENT.
MANDATORY ARBITRATION OF DISPUTES.
INSTEAD OF SUING IN COURT, YOU AND
SPRINT AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES
AGAINST EACH OTHER ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING,
WITHOUT LIMITATION, THE SERVICES, ANY PHONES/EQUIPMENT, OR ADVERTISING,
EVEN IF IT ARISES AFTER YOUR SERVICES HAVE TERMINATED, AND INCLUDING CLAIMS
YOU MAY BRING AGAINST SPRINT'S EMPLOYEES, AGENTS, AFFILIATES OR OTHER
REPRESENTATIVES, OR THAT SPRINT MAY BRING AGAINST YOU ("CLAIMS"). THE FEDERAL
ARBITRATION ACT APPLIES TO THIS AGREEMENT AND ITS PROVISIONS, NOT STATE LAW,
GOVERN ALL QUESTIONS OF WHETHER A CLAIM IS SUBJECT TO ARBITRATION. THIS
PROVISION DOES NOT PREVENT EITHER YOU OR SPRINT FROM BRINGING APPROPRIATE
CLAIMS IN SMALL CLAIMS COURT, BEFORE THE FEDERAL COMMUNICATIONS
COMMISSION OR A STATE PUBLIC UTILITIES COMMISSION.
YOU AND SPRINT FURTHER AGREE THAT NEITHER SPRINT NOR YOU WILL JOIN ANY
CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION
OR OTHER PROCEEDING; THAT NO CLAIM EITHER SPRINT OR YOU HAS AGAINST THE
OTHER SHALL BE RESOLVED ON A CLASS-WIDE BASIS; AND THAT NEITHER SPRINT NOR
YOU WILL ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE
ELSE. IF FOR ANY REASON THIS ARBITRATION PROVISION DOES NOT APPLY TO A CLAIM,
WE AGREE TO WAIVE TRIAL BY JURY.
A single arbitrator engaged in the practice of law will conduct the arbitration. The
arbitration will be filed with and the arbitrator will be selected according to the rules of
either JAMS or the National Arbitration Forum ("NAF"), or, alternatively, as we may
mutually agree. We agree to act in good faith in selecting an arbitrator. The arbitration
will be conducted by and under the then-applicable rules of JAMS or NAF, wherever the
arbitration is filed or, if the arbitrator is chosen by mutual agreement of the parties, the
then-applicable rules of JAMS will apply unless the parties agree otherwise. All
expedited procedures prescribed by the applicable rules will apply. We agree to pay our
respective arbitration costs, except as otherwise required by rules of JAMS or NAF, as
Section 4B: Terms & Conditions / Warranty
169
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