Blackberry 7130E Getting Started Manual page 56

while using our Services, such as through the internet; (e) interruption or
failure in accessing or attempting to access emergency services from your
phone, including through 911, E911 or otherwise; or (f) events due to
factors beyond our control, including acts of God (including, without
limitation, weather-related phenomena, fire or earthquake), war, riot,
strike, or orders of governmental authority. In the event we are found to be
responsible to you for monetary damages relating to the Services (including
wireless devices), you agree that any such damages will not exceed the pro-
rated monthly recurring charge for your Services during the affected period.
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 AGREEMEN, 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.
Terms and Conditions of Services 51