Basics – Sprint Nextel T608 User Manual

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Basics

T608 Preliminary

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.

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.

MANDATORY\ ARBITRATION OF DISPUTES.

ANY CLAIM,

CONTROVERSY OR DISPUTE OF ANY KIND BETWEEN THE

CUSTOMER AND THE COMPANY AND/OR ANY OF ITS'

EMPLOYEES, AGENTS, AFFILIATES OR OTHER REPRESENTATIVES,

WHETHER SOUNDING IN CONTRACT, STATUTE, OR TORT,

INCLUDING FRAUD, MISREPRESENTATION, FRAUDULENT

INDUCEMENT, OR ANY OTHER LEGAL OR EQUITABLE THEORY

AND REGARDLESS OF THE DATE OF ACCRUAL OF SUCH CLAIM,

CONTROVERSY OR DISPUTE SHALL BE RESOLVED BY FINAL AND

BINDING ARBITRATION AS PRESCRIBED IN THIS SECTION. THE

FEDERAL ARBITRATION ACT, NOT STATE LAW, GOVERNS THE

QUESTION OF WHETHER A CLAIM IS SUBJECT TO ARBITRATION.

HOWEVER, NOTHING CONTAINED IN THIS ARBITRATION

PROVISION SHALL PRECLUDE THE CUSTOMER FROM RESOLVING

ANY CLAIM, CONTROVERSY OR DISPUTE IN SMALL CLAIMS

COURT HE OR SHE OTHERWISE WOULD HAVE THE RIGHT TO

PURSUE.