Samsung SPH-I600MSSXAR User Manual
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(b) providing or failing to provide Services, including deficiencies or
problems with your wireless device, our network coverage or Services
(e.g., dropped, blocked, interrupted calls/messages, etc.); (c) traffic or
other accidents, or any health-related claims allegedly arising from the
use of Services, any wireless devices or related accessories; (d) content
or information accessed while using our Services, such as through the
internet; (e) interruption or failure in accessing or attempting to
access emergency services from your phone, including through 911,
E911 or otherwise; or (f) 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.
In the event we are found to be responsible to you
for monetary damages relating to the Services (including wireless devices),
you agree that any such damages will not exceed the pro-rated monthly
recurring charge for your Services during the affected period.
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.
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