Sprint Nextel C201 User Manual

Page 85

Section 7

Terms and Conditions & Warranty Information

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.

A single arbitrator engaged in the practice of law will conduct the
arbitration. The arbitrator will be selected according to the rules of the
American Arbitration Association or JAMS or, alternatively, may be
selected by agreement of the parties, who shall cooperate in good faith to
select the arbitrator. The arbitration will be conducted by, and under the
then-applicable rules of American Arbitration Association or JAMS, as