Section 18
188
Terms and Conditions & Warranty Information
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, or (2) any
communications you make or receive using the Services.
This indemnification extends to and includes any
attorneys’ fees and costs incurred by us arising from any
actions or claims to which this indemnification applies, or
from contesting the applicability of this provision. This
section survives termination of this Agreement.
DISCLAIMER OF WARRANTIES. WE MAKE NO EXPRESS
REPRESENTATIONS OR WARRANTIES ABOUT OUR
SERVICES AND DISCLAIM ANY IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR
NON-INFRINGEMENT. WE DO NOT AUTHORIZE ANYONE
TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF
AND YOU MAY NOT RELY ON ANY STATEMENT OF
WARRANTY AS A WARRANTY BY SPRINT PCS. WE ARE NOT
THE MANUFACTURER OF THE EQUIPMENT AND EXCEPT
AS OTHERWISE EXPRESSLY PROVIDED IN WRITING BY
SPRINT PCS, THE ONLY WARRANTY APPLICABLE TO THE
EQUIPMENT USED IN CONNECTION WITH THE SERVICES
IS THAT PROVIDED BY THE EQUIPMENT
MANUFACTURERS. This section survives termination of
this Agreement.
Waiver of Trial by Jury
YOU AND WE EACH WAIVE OUR RESPECTIVE RIGHTS TO
A TRIAL BY JURY OF ANY AND ALL CLAIMS OR CAUSES OF
ACTION (INCLUDING COUNTERCLAIMS) RELATED TO OR
ARISING OUT OF THIS AGREEMENT BROUGHT BY
EITHER ONE OF US AGAINST THE OTHER. EACH OF US
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