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Section 4B: Terms & Conditions / Warranty 153
(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
AGREEMENT, 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 PROVISION DOES NOT APPLY TO A CLAIM, WE
AGREE TO WAIVE TRIAL BY JURY.
A single arbitrator engaged in the practice of law will conduct the arbitration. The
arbitration will be filed with and the arbitrator will be selected according to the
rules of either JAMS or the National Arbitration Forum (“NAF”), or, alternatively, as
we may mutually agree. We agree to act in good faith in selecting an arbitrator.
The arbitration will be conducted by and under the then-applicable rules of JAMS
or NAF, wherever the arbitration is filed or, if the arbitrator is chosen by mutual
agreement of the parties, the then-applicable rules of JAMS will apply unless the