Nokia N86 User Manual page 72

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
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conducted on an individual, not class-wide basis,
and no arbitration shall be joined with an
arbitration involving any other person or entity.
13.2 Validity
The Terms shall neither exclude nor limit any of your
mandatory rights in your country of residence. If a
provision of the Terms is found to be invalid, the
validity of the remaining provisions shall not be
affected and the invalid provision shall be replaced
with a valid provision that comes closest to the
result and purpose of the Terms. If there is any
conflict between these Ovi Service Terms and the
Privacy Policy, the provisions of these Ovi Service
Terms shall prevail. The provisions of the Terms that
are intended to survive termination shall remain
valid after any termination.
13.3 Changes in Terms
Nokia reserves the right to modify the Terms at any
time without prior notice. If the Terms are changed
in a material, adverse way, Nokia will provide a
separate prior notice advising of such change.
You are responsible for regularly reviewing the
Terms. Your continued use of the Service shall
constitute your consent to any changes and
modifications.
13.4 Links to Third Party Sites and Content
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