Samsung SPH-a660 User Manual

Also see for A660 - SPH Cell Phone: User guide User guide Phone guide

Contents

Section 4B: Terms & Conditions / Warranty 174Indemnification. You indemnify and defend us, our partners, directors, officers,employees and agents from and against any claim, action, damage, liability andexpense arising out of or in connection with: (1) your acts or omissions that occurin connection with your use of the Services or equipment used in connection withthe Services, and (2) any communications you make or receive using the Services.This indemnification extends to and includes any attorney's fees and costs incurredby us arising from any actions or claims to which this indemnification applies, orfrom the contesting of the applicability of this provision. This section survivestermination of this Agreement.MANDATORY ARBITRATION OF DISPUTES. ANY CLAIM, CONTROVERSY ORDISPUTE OF ANY KIND BETWEEN THE CUSTOMER AND THE COMPANY AND/ORANY OF ITS EMPLOYEES, AGENTS, AFFILIATES OR OTHER REPRESENTATIVES,WHETHER SOUNDING IN CONTRACT, STATUTE, OR TORT, INCLUDING FRAUD,MISREPRESENTATION, FRAUDULENT INDUCEMENT, OR ANY OTHER LEGAL OREQUITABLE THEORY AND REGARDLESS OF THE DATE OF ACCRUAL OF SUCHCLAIM, CONTROVERSY OR DISPUTE SHALL BE RESOLVED BY FINAL ANDBINDING ARBITRATION AS PRESCRIBED IN THIS SECTION. THE FEDERALARBITRATION ACT, NOT STATE LAW, GOVERNS THE QUESTION OF WHETHER ACLAIM IS SUBJECT TO ARBITRATION. HOWEVER, NOTHING CONTAINED IN THISARBITRATION PROVISION SHALL PRECLUDE THE CUSTOMER FROM RESOLVINGANY CLAIM, CONTROVERSY OR DISPUTE IN SMALL CLAIMS COURT HE OR SHEOTHERWISE WOULD HAVE THE RIGHT TO PURSUE.A single arbitrator engaged in the practice of law will conduct the arbitration. Thearbitrator will be selected according to the rules of CPR or, alternatively, may beselected by agreement of the parties, who shall cooperate in good faith to select thearbitrator. The arbitration will be conducted by, and under the then-applicable rulesof the CPR Institute for Dispute Resolution. All expedited procedures prescribed bythe applicable rules will apply. Any required hearing fees and costs shall be paid bythe parties as required by the applicable rules or as required by applicable law, butthe arbitrator shall have the power to apportion such costs as the arbitrator deemsappropriate.The arbitrator's decision and award will be final and binding (subject to the appealclause below), and judgment on the award rendered by the arbitrator may beentered in any court with jurisdiction.An appeal may be taken under the CPR Arbitration Appeal Procedure from any finalaward of any arbitral panel in any arbitration arising out of or related to thisagreement that is conducted in accordance with the requirements of such AppealProcedure. Unless otherwise agreed by the parties and the appeal tribunal, theappeal shall be conducted at the place of the original arbitration.If any party files a judicial or administrative action asserting a claim that is subject toarbitration and another party successfully stays such action or compels arbitration,the party filing that action must pay the other party's costs and expenses incurred inseeking such stay or compelling arbitration, including attorney's fees.Notices. You may get our current address for written notice by calling PCSCustomer Service Solutions. Written notice to you is sent to your last known address