Blackberry 8350i Cell Phone User Manual


 
72 Nextel Subscriber Agreement: General Terms and Conditions of Service
Exceptions To Our Agreement To Arbitrate Disputes
Either of us may bring qualifying claims in small claims court. In addition, this arbitration provision does
not prevent you from filing your dispute with any federal, state or local government agency that can, if the
law allows, seek relief against us on your behalf.
No Class Actions
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A
CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR
ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN
ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
No Trial By Jury
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY
LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
Indemnification
You agree to indemnify, defend and hold us harmless from any claims arising out of your actions,
including, but not limited to, failing to provide appropriate notices regarding location-sensitive services
(see “Location Based Services” section), failure to safeguard your passwords, backup question to your
shared secret question or other account information, or violating this Agreement, any applicable law or
regulation or the rights of any third party.
Providing Notice To Each Other Under The Agreement
Except as the Agreement specifically provides otherwise, you must provide us notice by calling or writing
us as instructed on your invoice. We will provide you notice in your bill, correspondence to your last
known billing address, to any fax number or e-mail address you’ve provided us, by calling you on your
home phone or Device, by voice message on your Device or home phone, or by text message on your
Device.
Other Important Terms
Subject to federal law or unless the Agreement specifically provides otherwise, this Agreement is
governed solely by the laws of the state encompassing the area code assigned to your Device, without
regard to the conflicts of law rules of that state. If either of us waives or doesn’t enforce a requirement
under this Agreement in an instance, we don’t waive our right to later enforce that requirement. Except as