Sprint SPH - a780, Руководство пользователя

Страница: 86 / 103

Basics
76
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 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