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Basics
T608 Preliminary
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 LAW, GOVERNS THE
QUESTION OF WHETHER A CLAIM IS SUBJECT TO ARBITRATION.
HOWEVER, NOTHING CONTAINED IN THIS ARBITRATION
PROVISION SHALL PRECLUDE THE CUSTOMER FROM RESOLVING
ANY CLAIM, CONTROVERSY OR DISPUTE IN SMALL CLAIMS
COURT HE OR SHE OTHERWISE WOULD HAVE THE RIGHT TO
PURSUE.
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