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Limitation of Liability. Neither we nor our vendors, suppliers or licensors are liable
for any damages arising out of or in connection with any: (a) act or omission by
your, or another person or company; (b) providing or failing to provide Services,
including deficiencies or problems with your wireless device, our network
coverage or Services (e.g., dropped, blocked, interrupted calls/messages, etc.); (c)
traffic or other accidents, or any health-related claims allegedly arising from the use
of Services, any wireless devices or related accessories; (d) content or information
accessed while using our Services, such as through the internet; (e) interruption or
failure in accessing or attempting to access emergency services from your phone,
including through 911, E911 or otherwise; or (f) events due to factors beyond our
control, including acts of God (including, without limitation, weather-related
phenomena, fire or earthquake), war, riot,strike, or orders of governmental
authority.
In the event we are found to be responsible to you for monetary damages
relating to the Services (including wireless devices), you agree that any such
damages will 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
AGREEMENT 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
Section 4B:Terms & Conditions / Warranty 177
SPRINT_TX115C041021_A 2004.10.25 8:59 PM Page 177