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Terms and Conditions of Services 49
Terms & Conditions
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 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 parties
agree otherwise. All expedited procedures prescribed by the applicable