Nextel iM240 User Manual page 81

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) 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 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
INTERPRETATION 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 THE
CLAIM; 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.
ANY ARBITRATION SHALL BE CONDUCTED BY A SINGLE NEUTRAL ARBITRATOR.
COOPERATE IN GOOD FAITH TO SELECT THE ARBITRATOR WITHIN THIRTY (30) CALENDAR DAYS OF THE COMMENCEMENT
OF ANY ARBITRATION PROCEEDING. IF CUSTOMER AND NEXTEL CANNOT AGREE UPON A NEUTRAL ARBITRATOR WITHIN
THE THIRTY DAY PERIOD, THEN EITHER PARTY MAY REQUEST THAT THE AAA APPOINT, IN ITS SOLE DISCRETION, A
NEUTRAL ARBITRATOR. CUSTOMER AND NEXTEL FURTHER AGREE THAT NO ARBITRATOR SHALL HAVE THE AUTHORITY TO
AWARD ANY RELIEF OR REMEDY IN EXCESS OF OR CONTRARY TO WHAT IS PROVIDED IN THIS AGREEMENT, EXCEPT
WHERE SUCH PROVISION IS NOT PERMITTED UNDER APPLICABLE LAW. THE ARBITRATOR'S DECISION AND AWARD SHALL
BE FINAL AND BINDING, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT
HAVING JURISDICTION. THE LAW THAT IS APPLIED TO THIS AGREEMENT ALSO SHALL BE APPLIED IN ANY ARBITRATION
PROCEEDING. UNLESS THE CUSTOMER AND NEXTEL OTHERWISE AGREE, ANY ARBITRATION SHALL BE CONDUCTED IN THE
COUNTY SEAT OF THE COUNTY IN WHICH CUSTOMER'S BILLING ADDRESS IS LOCATED. ALL ADMINISTRATIVE COSTS AND
FEES OF ARBITRATION SHALL BE BORNE EQUALLY BY CUSTOMER AND NEXTEL, EXCEPT IF THE CLAIM IS LESS THAN $1000,
CUSTOMER WILL BE OBLIGATED TO PAY ONLY $25. FOR CLAIMS OVER $1,000 BUT UNDER $75,000, CUSTOMER WILL BE
REQUIRED TO PAY ITS SHARE OF ARBITRATION FEES, BUT NO MORE THAN THE EQUIVALENT COURT FILING FEE FOR A
COURT ACTION FILED IN THE JURISDICTION WHERE CUSTOMER'S BILLING ADDRESS IS LOCATED. CUSTOMER AND NEXTEL
SHALL EACH BEAR THE EXPENSES OF THEIR OWN COUNSEL, EXPERTS, WITNESSES AND THE PREPARATION AND
PRESENTATION OF EVIDENCE IN CONNECTION WITH ANY ARBITRATION.
Waiver of Jury Trial and Class Actions - BY ENTERING INTO THIS AGREEMENT, CUSTOMER AND NEXTEL ACKNOWLEDGE AND
AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL OR TO PARTICIPATE AS A
PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE
CAPACITY. CUSTOMER AND NEXTEL BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL AND
NOT ON A CONSOLIDATED, CLASS-WIDE OR REPRESENTATIVE BASIS AND THAT IF ARBITRATION IS NOT CONDUCTED ON AN
INDIVIDUAL BASIS, THIS SECTION 16 SHALL BE DEEMED NULL AND VOID. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF
ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF
WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THIS
AGREEMENT IS DEEMED INAPPLICABLE OR INVALID, OR TO THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR
LITIGATION OF DISPUTES IN COURT, CUSTOMER AND NEXTEL BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW,
Last updated: 5/26/05
Nextel Connection Manager User Guide
CUSTOMER AND NEXTEL SHALL
79