Palm 600 Cell Phone User Manual


 
185
Safety & Warranty
f) the use of Wireless Web Services and PCS Vision applications and services, including the
accuracy or reliability of any information obtained from the Internet using Wireless Web Services or
from Voice Portal Services, PCS Vision wireless services or Internet services, content or
applications not supported by Sprint PCS;
g) any late or failed message delivery;
h) any interruption or failure of 911 or E911 emergency services or identification of the Number,
address or name associated with any person accessing or attempting to access emergency services
from your phone;
i) the installation or repair of any products or equipment by parties who are not our authorized
employees or agents;
j) 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;
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
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