Blackberry Curve 9330 Manual page 73

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You Agree We Are Not Responsible For Certain Problems
You agree that neither we nor our vendors, suppliers or licensors are responsible for any damages resulting
from: (a) anything done or not done by someone else; (b) providing or failing to provide Services, including,
but not limited to, deficiencies or problems with a Device or network coverage (for example, dropped,
blocked, interrupted Services, etc.); (c) traffic or other accidents, or any health-related claims relating to our
Services; (d) Data Content or information accessed while using our Services; (e) an interruption or failure in
accessing or attempting to access emergency services from a Device, including through 911, Enhanced
911 or otherwise; (f) interrupted, failed, or inaccurate location information services, (g) information or
communication that is blocked by a spam filter, (h) damage to your Device or any computer or equipment
connected to your Device, or damage to or loss of any information stored on your Device, computer,
equipment, or Sprint storage space from your use of the Services or from viruses, worms, or downloads of
malicious content, materials, data, text, images, video or audio; or (i) things beyond our control, including
acts of God (for example, weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war,
terrorism or government orders or acts. You should implement appropriate safeguards to secure your
Device, computer or equipment and to back-up your information stored on each.
You Agree Our Liability Is Limited - No Consequential Damages.
TO THE EXTENT ALLOWED BY LAW, OUR LIABILITY FOR MONETARY DAMAGES FOR ANY CLAIMS YOU
MAY HAVE AGAINST US IS LIMITED TO NO MORE THAN THE PROPORTIONATE AMOUNT OF THE
SERVICE CHARGES ATTRIBUTABLE TO THE AFFECTED PERIOD. UNDER NO CIRCUMSTANCES ARE WE
LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE
WHATSOEVER ARISING OUT OF OR RELATED TO PROVIDING OR FAILING TO PROVIDE SERVICES IN
CONNECTION WITH A DEVICE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS,
OR COST OF REPLACEMENT PRODUCTS AND SERVICES.
DISPUTE RESOLUTION
We Agree To First Contact Each Other With Any Disputes
We each agree to first contact each other with any disputes and provide a written description of the
problem, all relevant documents/information and the proposed resolution. We agree to contact each other
as described in the Providing Notice to Each Other Under The Agreement section of the Ts&Cs.
Instead Of Suing In Court, We Each Agree To Arbitrate Disputes
We each agree to finally settle all disputes (as defined and subject to any specific exceptions below) only by
arbitration. In arbitration, there's no judge or jury and review is limited. However, just as a court would, the
arbitrator must honor the terms and limitations in the Agreement and can award the same damages and
Service Agreement: General Terms and Conditions of Service
69

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