Netgear AirCard 595 (Sprint) User's Guide download pdf (Page 115)

Section 5B: Terms and Conditions 107

that any such damages will not exceed the pro-rated monthly recurring charge for

your Services during the affected period.

NO CONSEQUENTIAL OR OTHER DAMAGES. UNDER NO CIRCUMSTANCES ARE WE

LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, 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

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Netgear AirCard 595 (Sprint) User's Guide Page 115