Samsung SCH-R220 User Manual page 115

13. Indemnification
You agree to indemnify, defend and hold GreatCall harmless from any claims arising out of use of the
phone or service, breach of this agreement or violation of any laws or regulations or the rights of any
third party by you or any person on your account or that you allow to use your phone or service.
14. Waivers And Limitations Of Liability
UNLESS THE LAW FORBIDS IT IN ANY PARTICULAR CASE, WE EACH AGREE TO LIMIT CLAIMS FOR DAMAGES
OR OTHER MONETARY RELIEF AGAINST EACH OTHER TO DIRECT DAMAGES. THIS LIMITATION AND WAIVER
WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH
OF CONTRACT, PERSONAL INJURY, PRODUCTS LIABILITY, OR ANY OTHER THEORY. THIS MEANS THAT
NEITHER OF US WILL SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES
FROM THE OTHER. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING
AGAINST ONE OF OUR SUPPLIERS, TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THE
SUPPLIER FOR SUCH CLAIM. You agree we aren't liable for problems caused by you or a third party; by
buildings, hills, network congestion, tunnels, weather, or other things we don't control. You also agree
GreatCall is not liable for missed VoiceMail(s), or deletions of VoiceMail(s) from your VoiceMail box (if you
have one), even if you've saved them.
15. Handling Disputes With GreatCall
ANY CLAIM OR DISPUTE BETWEEN YOU AND GREATCALL IN ANY WAY RELATED TO OR CONCERNING
218 Customer Agreement
THE AGREEMENT, OR THE PROVISION OF SERVICES OR PRODUCTS TO YOU, INCLUDING ANY BILLING
DISPUTES (CLAIM), SHALL BE SUBMITTED TO FINAL, BINDING ARBITRATION BEFORE THE AMERICAN
ARBITRATION ASSOCIATION ("AAA"). THIS AGREEMENT TO ARBITRATE ALSO REQUIRES YOU TO
ARBITRATE CLAIMS AGAINST OTHER PARTIES RELATING TO SERVICES OR PRODUCTS PROVIDED OR
BILLED TO YOU, INCLUDING SUPPLIERS OF SERVICES AND PRODUCTS AND OUR RETAIL DEALERS, IF
YOU ALSO ASSERT CLAIMS AGAINST US IN THE SAME PROCEEDING. YOU AND WE ACKNOWLEDGE
THAT THE AGREEMENT AFFECTS INTERSTATE COMMERCE AND THAT THE FEDERAL ARBITRATION
ACT AND FEDERAL ARBITRATION LAW APPLY TO ARBITRATIONS UNDER THE AGREEMENT. BEFORE
INSTITUTING ARBITRATION, YOU AGREE TO PROVIDE US WITH AN OPPORTUNITY TO RESOLVE YOUR
CLAIM BY SENDING A WRITTEN DESCRIPTION OF YOUR CLAIM TO US AT: GREATCALL, P.O. BOX 4428,
CARLSBAD, CA 92018, AND NEGOTIATING WITH US IN GOOD FAITH REGARDING YOUR CLAIM. IF WE
ARE NOT ABLE TO RESOLVE YOUR CLAIM WITHIN 30 DAYS OF RECEIPT OF YOUR NOTICE, THEN YOU
OR WE, INSTEAD OF SUING IN COURT, MAY INITIATE ARBITRATION PROCEEDINGS WITH THE AAA.
ARBITRATION WILL BE CONDUCTED UNDER THE AAA'S PUBLISHED WIRELESS INDUSTRY ARBITRATION
RULES AND SUPPLEMENTAL PROCEDURES FOR CONSUMER-RELATED DISPUTES, WHICH ARE
AVAILABLE BY CALLING THE AAA AT 800-778-7879 OR VISITING ITS WEB SITE AT WWW.ADR.ORG. THE
AAA HAS A FEE SCHEDULE FOR ARBITRATIONS. YOU WILL PAY YOUR SHARE OF THE ARBITRATOR'S
FEES AND ADMINISTRATIVE EXPENSES ("FEES AND EXPENSES") EXCEPT THAT:
Customer Agreement 219