Nextel
®
Terms and Conditions of Service
(h) things beyond our control, including acts of God
(for example, weather-related phenomena, fire,
earthquake, hurricane, etc.), riot, strike, war,
terrorism or government orders or acts.
You Agree Our Liability Is Limited - No
Consequential Damages.
TO THE EXTENT ALLOWED BY LAW, OUR
LIABILITY FOR MONETARY DAMAGES FOR
ANY CLAIMS 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 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
We Agree To First Contact Each Other With Any
Disputes
We each agree to first contact each other with any
disputes and provide a written description of the
problem, all relevant documents/information and
the proposed resolution. You agree to contact us
with disputes by calling or writing us as instructed
on your invoice. We will contact you by letter to
your billing address or on your Device.
Instead Of Suing In Court, We Each Agree To
Arbitrate Disputes
We each agree to finally settle all disputes (as
defined and subject to any specific exceptions
below) only by arbitration. In arbitration, there's no
judge or jury and review is limited. However, just as
a court would, the arbitrator must honor the terms
and limitations in the Agreement and can award
the same damages and relief, including any
attorney's fees authorized by law. The arbitrator's
decision and award is final and binding, with some
exceptions under the Federal Arbitration Act
("FAA"), and judgment on the award may be
entered in any court with jurisdiction. We each also
agree as follows:
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