Motorola Sprint iDEN i670 User Manual page 190

Nextel National Network General Terms and Conditions
regulation. Customer will further indemnify Sprint
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) Customer's use
of the Service or Equipment; (3) Customer's
connection to the Service or Equipment; (4)
Customer's violation of this Agreement; or (5)
Customer's 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
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
SPRINT 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
SPRINT OR NEXTEL) EXCEPT THAT
180
CUSTOMER OR SPRINT MAY BRING AN
INDIVIDUAL ACTION IN SMALL CLAIMS COURT.
CUSTOMER AND SPRINT ACKNOWLEDGE
THAT THIS AGREEMENT EVIDENCES A
TRANSACTION IN INTERSTATE COMMERCE
AND THAT THE FEDERAL ARBITRATION ACT
SHALL GOVERN THE INTERPRETATION AND
ENFORCEMENT OF THIS ARBITRATION
PROVISION. TO INITIATE ARBITRATION,
CUSTOMER OR SPRINT 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 THE
CLAIM; AND (3) THE RELIEF SOUGHT ("NOTICE
TO ARBITRATE"). SEND NOTICE TO
ARBITRATE TO: SPRINT 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