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any, and the relevant charge for the VC services to be provided.
The limitations of liabilities set out herein apply only to the maximum extent
permitted by law.
22. Governing Law and Arbitration of Disputes
Any and all claims, except claims for monies due to Vertu, arising out of or
relating to the use of VC, must be commenced within one (1) year after the
date either you or Vertu knew or should have known of the facts giving rise
to such claim, after which such actions shall be barred. If acceptance of
your membership request or a particular service request takes place within
Europe, Middle East or Africa, the governing law shall be Finnish law. All
disputes arising out of or in connection with these Terms and Conditions
shall be finally settled under the Rules of Arbitration of the International
Chamber of Commerce by one arbitrator appointed in accordance with the
said Rules. The arbitration proceedings shall be conducted in London,
England in the English language. The arbitration decision shall be final and
binding. Provided that the parties shall have the right to take proceedings
in any other jurisdiction for the purposes of enforcing a judgment or order
obtained from the courts of England and Wales.
If acceptance of your membership request or a particular service request
takes place within Asia Pacific, the governing law of these Terms and
Conditions shall be Singapore law. All disputes arising from or connected
to these Terms and Conditions shall be settled finally and exclusively in
Singapore under the Rules of the Singapore International Arbitration
Centre (SIAC Rules). The arbitration shall be conducted in English in
Singapore. The award shall be final and binding on both parties. Provided
that the parties shall have the right to take proceedings in any other
jurisdiction for the purposes of enforcing the arbitral award.
If acceptance of your membership request or a particular service request
takes place within the Americas region, all disputes and matters relating to
arbitration shall be governed by the Federal Arbitration Act (9 U.S.C. §§1
et. seq.). Except to the extent governed by applicable U.S. federal law, any
transactions with VC and its Suppliers shall be governed by the laws of the
State of Texas, excluding its conflict of law rules. Any and all claims, except
claims for monies due to Vertu, arising out of or relating to your
membership and use of VC shall be barred unless an action or legal
proceeding is commenced within eighteen (18) months after the date you
or Vertu knew or should have known of the facts giving rise to such claim.
Any dispute relating in any way to your membership and use of VC, and
any orders placed through VC, shall be submitted (together with any
counterclaims and disputes under or in connection with other transactions
and/or agreements between you and Vertu) to final and binding,
confidential arbitration to the Dallas, Texas office of the American
Arbitration Association (the "AAA"), with such arbitration to be held in
Dallas County, Texas, except that, to the extent you have in any manner
violated or threatened to violate any Vertu or Vertu affiliates' or licensors'
intellectual property rights, Vertu may seek injunctive or other appropriate
relief in any state or federal court in the state of Texas or, at Vertu's option,
any other appropriate state or country, and you consent to exclusive
jurisdiction and venue of such court. Arbitration under these Terms and
Conditions shall be conducted under the then prevailing Wireless Industry
Arbitration Rules of the AAA (except as such rules may be modified by the
terms of these Terms and Conditions), unless otherwise agreed in writing
by the parties, and shall be heard by a single arbitrator. Subject to any
terms contained in these Terms and Conditions limiting or excluding
damages, the arbitrator may award any relief that the arbitrator deems
proper, including without limitation equitable relief, provided that no award
of exemplary, special, consequential or punitive damages shall be
permitted. The prevailing party, as determined by the arbitrator, shall pay
the AAA arbitration fees and the arbitrator's fees and expenses, as
applicable. The arbitrator's award shall be binding and may be entered as
a judgment and enforceable in any court of competent jurisdiction. To the
fullest extent permitted by applicable law, the arbitration shall be
conducted on an individual, not a class-wide basis, and no arbitration
under these Terms and Conditions shall be consolidated with or joined to
an arbitration involving any other person or entity, whether through class
arbitration proceedings or otherwise, without the prior written consent of
you and Vertu.
Copyright © Vertu 2010. All rights reserved.
January 2010
21
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