HTC 8XT Important Information Manual - Page 22

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licensors are responsible for any damages, delay,

interruption or other failure to perform resulting from:

(a) anything done or not done by someone else; (b)

providing or failing to provide Services, including, but

not limited to, deficiencies or problems with a Device

or network coverage (for example, dropped, blocked,

interrupted Services, etc.); (c) traffic or other accidents,

or any health-related claims relating to our Services;

(d) Data Content or information accessed while using

our Services; (e) an interruption or failure in accessing

or attempting to access emergency services from

a Device, including through 911, Enhanced 911 or

otherwise; (f) interrupted, failed, or inaccurate location

information services; (g) information or communication

that is blocked by a spam filter; (h) damage to your

Device or any computer or equipment connected to

your Device, or damage to or loss of any information

stored on your Device, computer, equipment, or

Sprint storage space from your use of the Services

or from viruses, worms, or downloads of malicious

content, materials, data, text, images, video, or audio;

or (i) things beyond our control, including acts of

General Terms and Conditions of Service

God (for example, weather-related phenomena,

fire, earthquake, hurricane, etc.), riot, strike, war,

terrorism, or government orders or acts. You should

implement appropriate safeguards to secure your

Device, computer, or equipment and to back up your

information stored on each.

You Agree That Our Liability Is Limited -

No Consequential Damages

TO THE EXTENT ALLOWED BY LAW, OUR LIABILITY

FOR MONETARY DAMAGES FOR ANY CLAIMS

THAT YOU MAY HAVE AGAINST US IS LIMITED TO

NO MORE THAN THE PROPORTIONATE AMOUNT

OF THE SERVICE CHARGES ATTRIBUTABLE TO THE

AFFECTED PERIOD. UNDER NO CIRCUMSTANCES

ARE WE LIABLE FOR ANY INCIDENTAL,

CONSEQUENTIAL, PUNITIVE, MULTIPLE, OR

SPECIAL DAMAGES OF ANY NATURE WHATSOEVER

ARISING OUT OF OR RELATED TO PROVIDING OR

FAILING TO PROVIDE SERVICES IN CONNECTION

WITH A DEVICE, INCLUDING, BUT NOT LIMITED TO,

LOST PROFITS, LOSS OF BUSINESS, OR COST OF

REPLACEMENT PRODUCTS AND SERVICES.

DISPUTE RESOLUTION AND

ARBITRATION

PLEASE READ THIS CAREFULLY; IT AFFECTS

YOUR RIGHTS

In those rare instances where your concern is not

resolved to your satisfaction through calls to our

customer care, you and Sprint each agree to try

to resolve those disputes in good faith after you

provide written notice of the dispute as set forth

below. If the dispute is not resolved, you and Sprint

agree that the dispute will be resolved through

individual binding arbitration or small claims court,

instead of courts of general jurisdiction.

v.7-1-13

Mandatory Arbitration and Waiver of Class

Action

Instead of suing in court, you and Sprint agree

to arbitrate all Disputes (as defined below) on an

individual, non-representative, basis. You agree

that, by entering into this Agreement, you and Sprint

are waiving the right to a trial by jury or to participate

in a class action or representative action. This

agreement to arbitrate is intended to be broadly

interpreted.

In arbitration, there is no judge or jury. Instead

Disputes are decided by a neutral third-party

arbitrator in a more informal process than in court.

In arbitration, there is limited discovery and the

arbitrator's decision is subject to limited review by

courts. However, just as a court would, the arbitrator

must honor the terms of the Agreement and can

award damages and relief, including any attorneys'

fees authorized by law.

"Disputes" shall include, but are not limited to,

any claims or controversies against each other

General Terms and Conditions of Service