Sprint Nextel S720 - Manual (Page 114)

108 Section 5B: Terms and Conditions
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 AGREEMEN,
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 SPRINT OR YOU
HAS AGAINST THE OTHER SHALL BE RESOLVED ON A CLASS-
WIDE BASIS; AND THAT NEITHER SPRINT NOR YOU WILL
ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF
OF ANYONE ELSE. IF FOR ANY REASON THIS ARBITRATION