Dispute resolution – Sprint Nextel BlackBerry 8830 User Manual

Page 87

Subscriber Agreement: General Terms and Conditions of Service

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services, (g) information or communication that is blocked by a spam filter, or (h) 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 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. You agree
to contact us with disputes by calling or writing us as instructed on your invoice. We will
contact you by letter to your billing address or on your Device.

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 relief, including any attorney’s fees
authorized by law. The arbitrator’s decision and award is final and binding, with some
exceptions under the Federal Arbitration Act (“FAA”), and judgment on the award may be
entered in any court with jurisdiction. We each also agree as follows: