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Section 4B: Terms & Conditions / Warranty 209
RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND
SERVICES.
(e) BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF CERTAIN
WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. OUR OWN AND OUR SUPPLIERS' TOTAL LIABILITY FOR
DAMAGES, LOSSES, AND CAUSES OF ACTION, REGARDLESS OF LEGAL THEORY,
WILL IN NO EVENT EXCEED THE AGGREGATE DOLLAR AMOUNT YOU HAVE
PAID TO US UNDER THESE TERMS, OR US $25.00, WHICHEVER IS GREATER.
14. Indemnity
You agree to indemnify and hold Sprint and its parents, suppliers, licensors,
subsidiaries, affiliates, officers, and employees harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or
arising out of: (1) use of the Service by you or by anyone using your account; (2)
violation of these Terms by you or by anyone using your account; or (3) violation
or infringement by you, or by anyone using your account, of intellectual property
rights or any other rights of any other person.
15. General Provisions
We may assign our rights and duties under these Terms to any third party at any
time without notice to you. These Terms and the relationship between you and
Sprint shall be governed by the laws of the State of California without regard to its
conflict of law provisions. You and Sprint agree to submit to the personal and
exclusive jurisdiction of the courts located within the State of California. You
agree that regardless of any statute or law to the contrary, any claim or cause of
action arising out of or related to use of the Service must be filed within one (1)
year after such claim or cause of action arose or be forever barred. The failure of
Sprint to exercise or enforce any right or provision of these Terms shall not
constitute a waiver of such right or provision.
If any provision of these Terms is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and that the other
provisions of the Terms shall be valid and remain in full force and effect.