Nokia X500 - Manual (Page 108)

The Service is provided on “AS IS” and “AS AVAILABLE” basis. Nokia does not warrant that the Service will be uninterrupted
or error or virus-free. No warranty of any kind, either express or implied, including but not limited to warranties of title
or non-infringement or implied warranties of merchantability or fitness for a particular purpose, is made in relation to
the availability, accuracy, reliability, information or content of the Service. You expressly agree and acknowledge that the
use of the Service is at your sole risk and that you may be exposed to content from various sources.
Except for liability for death or personal injury caused by gross negligence or intentional misconduct, Nokia shall not be
liable for any direct, indirect, incidental, punitive or consequential damages caused by the use or inability to use the
Service.
12. Indemnification
You agree to defend, indemnify and hold harmless Nokia from and against any and all third party claims and all liabilities,
assessments, losses, costs or damages resulting from or arising out of i) your breach of the Terms, ii) your infringement
or violation of any intellectual property, other rights or privacy of a third party, iii) misuse of the Service by a third party
where such misuse was made available by your failure to take reasonable measures to protect your username and
password against misuse.
13. Miscellaneous
13.1 Choice of Law and Arbitration
Except where prohibited by applicable law or provided otherwise herein, the Terms shall be governed by the laws of
Finland without regard to its conflict of law provisions.
If you are a US resident the following paragraph shall apply: The Terms shall be governed by the laws of New York without
regard to its conflicts of law provisions. Any dispute relating to these Terms or the Service shall be submitted to binding
arbitration in Westchester County, New York within eighteen (18) months of the date the facts giving rise to the suit were
known, or should have been known, by the complainant, except that Nokia may seek injunctive or other relief if you have
violated or threatened to violate any intellectual property rights. All matters relating to arbitration shall be governed by
the Federal Arbitration Act (9 U.S.C. §1 et. seq.). Arbitration shall be conducted by a single arbitrator under the then
prevailing Wireless Arbitration Rules of the American Arbitration Association (“AAA”), Each party must submit any claim
which would constitute a compulsory counterclaim in litigation or such claim shall be barred. No award of exemplary,
special, consequential or punitive damages shall be permitted. The losing party, as determined by the arbitrator, shall
pay the arbitration fees. The arbitrator’s award shall be binding and may be entered as a judgment and enforceable in
any court of competent jurisdiction. Arbitration shall be conducted on an individual, not class-wide basis, and no
arbitration shall be joined with an arbitration involving any other person or entity.
108 Product and safety information
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