HTC 8XT Informations importantes Manuel - Page 24

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MAY BRING CLAIMS AGAINST THE OTHER ONLY

IN AN INDIVIDUAL CAPACITY, AND NOT AS A

CLASS MEMBER IN ANY PUTATIVE CLASS OR

REPRESENTATIVE PROCEEDING. Further, unless

both you and Sprint expressly agree otherwise,

the arbitrator may not consolidate more than

one person's claims, and may not otherwise

preside over any form of a representative or class

proceeding. If any portion of this provision is

found to be unenforceable, then the entirety of this

arbitration provision shall be null and void.

(4) We each are responsible for our respective

costs, including our respective counsel, experts,

and witnesses. Sprint will pay for any filing or case

management fees associated with the arbitration

and the professional fees for the arbitrator's services.

(5) An arbitrator's award will be a written statement

of the disposition of each claim and will also provide

a concise written statement of the essential findings

and conclusions which form the basis of the award.

The arbitrator's decision and award is final and

General Terms and Conditions of Service

binding, with some limited court review under the

FAA, and judgment on the award may be entered in

any court with jurisdiction.

(6) As an alternative to arbitration, we may resolve

Disputes in small claims court in the county of

your most recent billing address. In addition, this

arbitration agreement does not prevent you from

bringing your Dispute to the attention of any federal,

state, or local government agency. Such agencies

can, if the law allows, seek relief against Sprint on

your behalf.

No Trial By Jury and No Class Action

IF FOR ANY REASON A CLAIM ARISING OUT

OF OR RELATING TO THIS AGREEMENT IN ANY

WAY PROCEEDS IN COURT RATHER THAN IN

ARBITRATION, REGARDLESS OF WHETHER THE

CLAIM IS AN ACTION, COUTERCLAIM OR ANY

OTHER COURT PROCEEDING, WE EACH AGREE

THAT TO THE EXTENT ALLOWED BY LAW, THERE WILL

NOT BE A JURY TRIAL OR CLASS ACTION AND WE

EACH UNCONDITIONALLY (1) WAIVE ANY RIGHT TO

TRIAL BY JURY AND (2) WAIVE ANY RIGHT TO PURSUE

DISPUTES ON A CLASSWIDE BASIS, INCLUDING

JOINING A CLAIM WITH THE CLAIM OF ANY OTHER

PERSON OR ENTITY OR ASSERT A CLAIM IN A

REPRESENTATIVE CAPACTITY ON BEHALF OF

ANYONE ELSE IN ANY OTHER PROCEEDING.

Indemnification

You agree to indemnify, defend, and hold Sprint

and our subsidiaries, affiliates, parent companies,

vendors, suppliers, and licensors harmless from

any claims arising out of or relating to your actions,

including, but not limited to, your use of the Service and

any information you submit, post, transmit, or make

available via the Service; failing to provide appropriate

notices regarding location-enabled services (see

"Location-Enabled Services" section); failure to

safeguard your passwords, backup question to your

shared secret question, or other account information;

or violating this Agreement or any policy referenced in

v.7-1-13

this Agreement, any applicable law or regulation, or the

rights of any third party.

Providing Notice To Each Other Under

The Agreement

Except as the Agreement specifically provides

otherwise, you must provide us notice by calling or

writing us as instructed on your invoice. We will provide

you notice through one or more of the following: in your

bill, correspondence to your last known billing address,

to any fax number or email address you've provided

us, by calling you on your Device or any other phone

number you've provided us, by voice message on your

Device or any other phone number you've provided us,

or by text message on your Device.

Contacting You Regarding Billing and

Collections

You expressly authorize, and specifically consent to

allowing Sprint and any of Sprint's agents to contact

you in connection with any and all matters relating to

General Terms and Conditions of Service