Sprint Nextel Sprint PCS Connection Card PC-5740 - Manual (Page 117)

Section 5B: Terms and Conditions 109
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.
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.
Terms and C
onditions
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