Sprint PCS TP5250 Manual - page 72
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 CPR 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 the CPR Institute for Dispute Resolution.All
expedited procedures prescribed by the applicable rules will apply.Any
required hearing fees and costs shall be paid by the parties as required by the
applicable rules or as required by applicable law,but the arbitrator shall have
the power to apportion such costs as the arbitrator deems appropriate.The
arbitrator's decision and award will be final and binding (subject to the
appeal clause below),and judgment on the award rendered by the arbitrator
may be entered in any court with jurisdiction.
An appeal may be taken under the CPR Arbitration Appeal Procedure from
any final award of any arbitral panel in any arbitration arising out of or related
to this agreement that is conducted in accordance with the requirements of
such Appeal Procedure.Unless otherwise agreed by the parties and the
appeal tribunal,the appeal shall be conducted at the place of the original
arbitration.
If any party files a judicial or administrative action asserting a claim that is
subject to arbitration and another party successfully stays such action or
compels arbitration,the party filing that action must pay the other party's
costs and expenses incurred in seeking such stay or compelling arbitration,
including attorney's fees.
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the affected period,or (2) in cases not related to a specific piece of
equipment,the prorated MRCs for Services to you during the affected period.
Neither we nor our vendors,suppliers or licensors are liable for any damage
arising out of or in connection with:
a) any act or omission of any telecommunications service or other service
provider other than us;
b) any directory listing;
c) any dropped calls or inability to place or receive calls;
d) any interruption of Services,including interruptions caused by
equipment or facilities failure or shortages,transmission limitations or
system capacity limitations;
e) traffic or other accidents,or any health-related claims allegedly arising
from the use of Services,phones,equipment or accessories used in
connection with the Services;
f) the use of Wireless Web Services and PCS Vision applications and services,
including the accuracy or reliability of any information obtained from the
Internet using Wireless Web Services or from Voice Portal Services,PCS Vision
wireless services or Internet services,content or applications not supported
by Sprint PCS;
g) any late or failed message delivery;
h) any interruption or failure of 911 or E911 emergency services or
identification of the Number,address or name associated with any person
accessing or attempting to access emergency services from your phone;
i) the installation or repair of any products or equipment by parties who are
not our authorized employees or agents;
j) 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;
k) any act or omission of any third party or independent contractor that
offers products or services in conjunction with or through the Services;or
l) your negligent or intentional act or omission.
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.
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
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