Vertu Signature RM266V Reference Manual page 80

APPENDIX
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 2008, 2011. All rights reserved.
February 2011
English
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