Samsung SPH-A460ZSABMC - Manual (Page 150)

Section 21
150 Terms and Conditions & Warranty Information
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.
ARBITRATION OF DISPUTES
ANY CLAIM, CONTROVERSY OR DISPUTE, WHETHER SOUNDING IN CONTRACT,
STATUTE, OR TORT, INCLUDING FRAUD, MISREPRESENTATION, OR ANY OTHER
LEGAL THEORY, RELATED DIRECTLY OR INDIRECTLY TO THE SERVICES,
WHETHER BETWEEN THE COMPANY AND THE CUSTOMER OR BETWEEN THE
COMPANY OR THE CUSTOMER, ON THE ONE HAND, AND EMPLOYEES, AGENTS OR
AFFILIATED BUSINESSES OF THE OTHER PARTY, ON THE OTHER HAND, SHALL BE
RESOLVED BY ARBITRATION AS PRESCRIBED IN THIS SECTION. THE FEDERAL
ARBITRATION ACT, NOT STATE LAW, GOVERNS THE QUESTION OF WHETHER A
CLAIM IS SUBJECT TO ARBITRATION.
A single arbitrator engaged in the practice of law will conduct the arbitration under
the rules of the American Arbitration Association. The arbitrator will be selected in
accordance with AAA procedures from a list of qualified people maintained by the
AAA. All expedited procedures prescribed by the AAA rules will apply, and each party
will bear their own costs and attorney’s fees.
No discovery will be permitted, except that the parties will exchange, thirty days prior
to the hearing on their dispute, all documents to be submitted to the arbitrator,
including any reports or summaries, and a list of the names and addresses of those