Motorola i90c User Manual page 161

Boost Mobile Terms and Conditions of Prepaid Service
ANY KIND WHATSOVER, REGARDLESS OF THE FORM OF ACTION
OR CAUSE OF ACTION, ARISING OUT OF THE SERVICES. CUSTOMER
IRREVOCABLY WAIVES ANY CLAIM YOU MIGHT OTHERWISE HAVE
AGAINST NEXTEL ARISING OUT OF THE SERVICES AND
COVENANTS NOT TO MAKE OR BRING ANY CLAIM OF ANY KIND
AGAINST NEXTEL ARISING OUT OF THE SERVICES. Customer agrees
to indemnify, defend, and hold Company and Nextel harmless from any
Customer violations of FCC rules and regulations or Customer violation of any
statutes, ordinances or laws of any local, state, or federal public authority. The
terms of this Section 14 will survive any termination or expiration of this
Agreement
15. RESOLUTION OF DISPUTES -. PLEASE READ THIS SECTION
CAREFULLY. IT AFFECTS RIGHTS THAT YOU MIGHT OTHERWISE
HAVE. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES
THROUGH ARBITRATION INSTEAD OF COURT TRIALS.
ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY
VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE
SHALL SURVIVE TERMINATION OR EXPIRATION OF THIS
AGREEMENT.
A. ARBITRATION PROCEDURES. YOU MUST FIRST PRESENT ANY
CLAIM OR DISPUTE TO US BY CONTACTING BOOST MOBILE
CUSTOMER CARE, IN WRITING, TO ALLOW US THE OPPURTUNITY
TO RESOLVE THE DISPUTE. You may invoke arbitration if your claim or
dispute is not resolved within 60 days after we receive your detailed written
description of the dispute or claim and the circumstances giving rise to it. The
arbitration of any dispute or claim shall be conducted in accordance with the
Wireless Industry Arbitration rules ("WIA Rules") of the American Arbitration
Association ("AAA"), as modified by this Agreement. You and we agree that
this Agreement evidences a transaction in interstate commerce and the
arbitration will be interpreted and enforced in accordance with the WIA Rules
and the laws of the Commonwealth of Virginia.
B. COST OF ARBITRATION. All administrative fees and expenses of an
Arbitration will be divided equally between you and Company. Each party will
bear the expense of its own counsel, experts, witnesses and preparation and
presentation of evidence at the arbitration.
C. WAIVER OF PUNITIVE DAMAGE CLAIMS. By this Agreement, both
Customer and Company are waiving certain rights to litigate disputes in court.
If for any reason the arbitration clause is deemed inapplicable or invalid,
Customer and Company both waive, to the fullest extent allowed by law, any
right we might otherwise have to recover punitive or exemplary damages.
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