User's Manual Part 2

Section 28
Terms and Conditions & Warranty Information
59
f) the use of Wireless Web Services and PCS Vision applications and services, including the accuracy or reliability
of any information obtained from the Internet using Wireless Web Services or from Voice Portal Services, PCS
Vision wireless services or Internet services, content or applications not supported by Sprint PCS;
g) any late or failed message delivery;
h) any interruption or failure of 911 or E911 emergency services or identification of the Number, address or name
associated with any person accessing or attempting to access emergency services from your phone;
i) the installation or repair of any products or equipment by parties who are not our authorized employees or
agents;
j) events due to factors beyond our control, including acts of God (including, without limitation, weather-related
phenomena, fire or earthquake), war, riot, strike, or orders of governmental authority;
k) any act or omission of any third party or independent contractor that offers products or services in conjunction
with or through the Services; or
l) your negligent or intentional act or omission.
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.
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
Sprint Start.book Page 59 Monday, June 17, 2002 8:57 AM