palmOne Vision Smart Device Treo 650 User Manual page 313

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
Terms and Conditions 301