Sprint Nextel 8912 Cell Phone User Manual


 
OR THAT THIS SITE OR OUR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW,
ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR
ADVERTISED ON THIS SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED
IN THE SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED
THROUGH THE SERVICE OR THROUGH ANY LINKS PROVIDED IN THE SERVICE.
(d) YOU EXPRESSLY AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL SPRINT BE LIABLE TO
ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE
ON THE SITE OR ITS ASSOCIATED PRODUCTS AND SERVICES. SUCH
LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT,
INDIRECT,INCIDENTAL, CONSEQUENTIAL, SPECIAL,EXEMPLARY, AND
PUNITIVE DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER
THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE,
PRODUCTS OR SERVICES, FROM INABILITY TO USE THE SITE OR FROM THE
INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR DAMAGES
INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH
OR ADVERTISED ON THIS SERVICE OR RECEIVED THROUGH ANY LINKS
PROVIDED ON THIS SITE, AS WELL AS BY REASON OF ANY INFORMATION OR
ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR 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
Section 4B:Terms & Conditions / Warranty 186
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