User's Guide
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particular situation, (2) we are not liable to you for any injuries to persons or property arising
out of or relating to your use of the 5Star service, (3) our maximum liability to you under any
theory (including but not limited to fraud, misrepresentation, breach of contract, personal
injury, or products liability) is limited to an amount equa l to the portion of the charges to you
for the services relating to the period of service during which such damages occur, (4) unless
otherwise provided in this agreement, your maximum liability to us under any theory (includ-
ing but not limited to fraud, misrepresentation, breach of contract, personal injury, or products
liability) is limited to any charges due and owing by you to us, (5) neither you nor we can recov-
er punitive damages, treble, consequential, indirect, or special damages, or attorney’s fees.
You and we agree not to make, and to waive to the fullest extent allowed by law, any claim for
damages other than direct, compensatory damages as limited in this agreement, (6) no one is
liable to you for dropped calls or interrupted service, or for problems caused by or contributed
to by you, by any third party, by buildings, hills, tunnels, network congestion, weather, or
any other things we do not control, (7) notwithstanding anything else in this agreement, you
agree to to excuse any non-performance by us or any service provider caused in whole or
in part by an act or omission of a third party, or by any equipment failure, act of god, natural
disaster, strike, equipment or facility shortage, or other causes beyond the control of us or our
service providers, (8) you agree that neither we nor any service provider who sends you data or
information through 5Star is liable for any errors, defects, problems, or mistakes in that data
or information, and (9) you agree that the limitations of liability and indemnities in this agree-
ment will survive even after the agreement has ended. These limitations of liability apply not
only to you, but to anyone using the 5Star service on your behalf, to anyone making a claim on
your behalf, and to any claims made by your family, employees, customers, or others arising
out of or relating to your 5Star service. Some states don’t allow an exclusion or limitation of
incidental or consequential damages or certain other damages, so some of the limitations
above may not apply in some situations.
How We Will Resolve Disputes:
Arbitration Agreement, Class Action Waiver and Forum Selection Clause
If you and we have a disagreement related to 5Star service or the validity of these terms of
conditions of use, we’ll try to resolve it by talking with each other. If we can’t resolve it that
way, we both agree to use condential binding arbitration, not lawsuits (except for small
claims court cases) to resolve the dispute. We agree that any controversy or claim between us
will be settled by one neutral arbitrator before the American Arbitration Association (“AAA”).
There’s no judge or jury in arbitration, arbitration procedures are simpler and more limited
than rules applicable in court, and review is limited. But you are entitled to a fair hearing and
the arbitrator’s decisions are as enforceable as any court order.
Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. As
modied by these terms of conditions of use, the arbitration will be governed by the AAA’s
arbitration rules (collectively “Rules and Procedures”). We further agree that: (a) the arbi-
tration shall be held at a location determined by AAA pursuant to the Rules and Procedures
(provided that such location is reasonably convenient for you), or at such other location as
may be mutually agreed upon by you and us; (b) ANY CLAIMS BROUGHT BY YOU OR US MUST
BE BROUGHT IN OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN
ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (c) THE ARBITRATOR MAY NOT
CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER
ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, (d) in the event that you are able to
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