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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.
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172 Terms and Conditions & Warranty Information
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 in our invoicing records. Written
notice is deemed delivered 3 days after deposit in the U.S.
mail, postage prepaid, and properly addressed. Unless
required by this Agreement or Applicable Laws, (1) you may
notify us by calling Sprint PCS Customer Care, and (2) we
may notify you by leaving a message for you on your
Sprint PCS Phone, answering machine or with your
answering service. Notice addresses may be changed by
giving notice as provided in this section.
Terms and Conditions & Warranty Information 173
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