IMPORTANT INFORMATION FOR THE LG LS620
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to provide Services, including, but not limited to, deficiencies or problems with a Device or
network coverage (for example, dropped, blocked, interrupted Services, etc.); (c) traffic or other
accidents, or any health-related claims relating to our Services; (d) Data Content or information
accessed while using our Services; (e) an interruption or failure in accessing or attempting to
access emergency services from a Device, including through 911, Enhanced 911 or otherwise;
(f) interrupted, failed, or inaccurate location information services; (g) information or
communication that is blocked by a spam filter; (h) damage to your Device or any computer or
equipment connected to your Device, or damage to or loss of any information stored on your
Device, computer, equipment, or Virgin Mobile storage space from your use of the Services or
from viruses, worms, or downloads of malicious content, materials, data, text, images, video, or
audio; or (i) things beyond our control, including acts of God (for example, weather-related
phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism, or government orders
or acts. You should implement appropriate safeguards to secure your Device, computer, or
equipment and to backup your information stored on each.
You Agree That Our Liability Is Limited
– No Consequential
Damages
TO THE EXTENT ALLOWED BY LAW, OUR LIABILITY FOR MONETARY DAMAGES FOR
ANY CLAIMS THAT YOU MAY HAVE AGAINST US IS LIMITED TO NO MORE THAN THE
PROPORTIONATE AMOUNT OF THE SERVICE CHARGES ATTRIBUTABLE TO THE
AFFECTED PERIOD. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY
INCIDENTAL, CONSEQUENTIAL, PUNITIVE, MULTIPLE, OR SPECIAL DAMAGES OF ANY
NATURE WHATSOEVER ARISING OUT OF OR RELATED TO PROVIDING OR FAILING TO
PROVIDE SERVICES IN CONNECTION WITH A DEVICE, INCLUDING, BUT NOT LIMITED
TO, LOST PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND
SERVICES.
DISPUTE RESOLUTION AND ARBITRATION
PLEASE READ THIS CAREFULLY; IT AFFECTS YOUR RIGHTS
In those rare instances where your concern is not resolved to your satisfaction through calls to
our customer care, you and Virgin Mobile each agree to try to resolve those disputes in good
faith after you provide written notice of the dispute as set forth below. If the dispute is not
resolved, you and Virgin Mobile agree that the dispute will be resolved through individual
binding arbitration or small claims court, instead of courts of general jurisdiction.
Mandatory Arbitration and Waiver of Class Action
Instead of suing in court, you and Virgin Mobile agree to arbitrate all Disputes (as defined
below) on an individual, non-representative, basis. You agree that, by entering into this
Agreement, you and Virgin Mobile are waiving the right to a trial by jury or to participate
in a class action or representative action. This agreement to arbitrate is intended to be
broadly interpreted.
In arbitration, there is no judge or jury. Instead Disputes are decided by a
neutral third-party arbitrator in a more informal process than in court. In arbitration, there is
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