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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.
Indemnification
You indemnify and defend us, our partners, directors, officers,
employees and agents from and against any claim, action, damage,
liability and expense arising out of or in connection with: (1) your acts
or omissions that occur in connection with your use of the Services or
equipment used in connection with the Services, and (2) any
communications you make or receive using the Services. This
indemnification extends to and includes any attorney's fees and costs
incurred by us arising from any actions or claims to which this
indemnification applies, or from the contesting of the applicability of
this provision. This section survives termination of this Agreement.
ARBITRATION OF DISPUTES
ANY CLAIM, CONTROVERSY OR DISPUTE, WHETHER SOUNDING
IN CONTRACT, STATUTE, OR TORT, INCLUDING FRAUD,
MISREPRESENTATION, OR ANY OTHER LEGAL THEORY,
RELATED DIRECTLY OR INDIRECTLY TO THE SERVICES,
WHETHER BETWEEN THE COMPANY AND THE CUSTOMER OR
BETWEEN THE COMPANY OR THE CUSTOMER, ON THE ONE
HAND, AND EMPLOYEES, AGENTS OR AFFILIATED BUSINESSES
OF THE OTHER PARTY, ON THE OTHER HAND, SHALL BE
RESOLVED BY ARBITRATION AS PRESCRIBED IN THIS SECTION.
THE FEDERAL ARBITRATION ACT, NOT STATE LAW, GOVERNS
THE QUESTION OF WHETHER A CLAIM IS SUBJECT TO
ARBITRATION.
A single arbitrator engaged in the practice of law will conduct the
arbitration under the rules of the American Arbitration Association. The
arbitrator will be selected in accordance with AAA procedures from a
list of qualified people maintained by the AAA. All expedited
procedures prescribed by the AAA rules will apply, and each party will
bear their own costs and attorney's fees.
No discovery will be permitted, except that the parties will exchange,
thirty days prior to the hearing on their dispute, all documents to be
submitted to the arbitrator, including any reports or summaries, and a
list of the names and addresses of those persons to be called to testify.
Following exchange of this information, the parties may agree to waive
a hearing.
The arbitrator will have authority only to award compensatory
damages and will not have authority to award punitive damages, lost
profits, or other non-compensatory damages. The arbitrator's decision
and award will be final and binding, and judgment on the award
rendered by the arbitrator may be entered in any court with jurisdiction.
The arbitrator's decision must not contain findings of fact or
conclusions of law.
If any party files a judicial or administrative action asserting a claim that
is subject to arbitration and another party successfully stays such action
or compels arbitration, the party filing that action must pay the other
party's costs and expenses incurred in seeking such stay or compelling
arbitration, including attorney's fees.
Notices
You may get our current address for written notice by calling Sprint PCS
Customer Care. Written notice to you is sent to your last known address
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