Manual Black-Berry 8703E Sprint (page 55 of 56) (English)

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Terms and Conditions of Services 49

Terms & Conditions

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.

YOU AND SPRINT FURTHER AGREE THAT NEITHER SPRINT NOR YOU WILL

JOIN ANY CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A

LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO CLAIM EITHER

SPRINT OR YOU HAS AGAINST THE OTHER SHALL BE RESOLVED ON A

CLASS-WIDE BASIS; AND THAT NEITHER SPRINT NOR YOU WILL ASSERT A

CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE. IF

FOR ANY REASON THIS ARBITRATION PROVISION DOES NOT APPLY TO A

CLAIM, WE AGREE TO WAIVE TRIAL BY JURY.

A single arbitrator engaged in the practice of law will conduct the

arbitration. The arbitration will be filed with and the arbitrator will be

selected according to the rules of either JAMS or the National Arbitration

Forum (“NAF”), or, alternatively, as we may mutually agree. We agree to act

in good faith in selecting an arbitrator. The arbitration will be conducted by

and under the then-applicable rules of JAMS or NAF, wherever the

arbitration is filed or, if the arbitrator is chosen by mutual agreement of

the parties, the then-applicable rules of JAMS will apply unless the parties

agree otherwise. All expedited procedures prescribed by the applicable

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Black-Berry 8703E Sprint Manual

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