User Manual

Rev. 20160413 Page 3
This Limited Warranty gives you specific legal rights, and you may also have other rights that vary from
state to state.
What is the procedure for resolving disputes?
ALL DISPUTES WITH GREATCALL ARISING IN ANY WAY FROM THIS LIMITED WARRANTY OR THE SALE,
CONDITION OR PERFORMANCE OF THE PRODUCTS SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL
AND BINDING ARBITRATION, AND NOT BY A COURT OR JURY.
Any such dispute shall not be combined or consolidated with a dispute involving any other person’s or
entity’s Product or claim, and specifically, without limitation of the foregoing, shall not under any
circumstances proceed as part of a class action. The arbitration shall be conducted before a single
arbitrator, whose award may not exceed, in form or amount, the relief allowed by the applicable law.
The arbitration shall be conducted according to the American Arbitration Association (AAA) Commercial
Arbitration Rules applicable to consumer disputes. This arbitration provision is entered pursuant to the
Federal Arbitration Act. The laws of the State of California, without reference to its choice of laws
principles, shall govern the interpretation of the Limited Warranty and all disputes that are subject to
this arbitration provision. The arbitrator shall decide all issues of interpretation and application of this
arbitration provision and the Limited Warranty.
For any arbitration in which your total damage claims, exclusive of attorney fees and expert witness
fees, are $5,000.00 or less (“Small Claim”), the arbitrator may, if you prevail, award your reasonable
attorney fees, expert witness fees and costs as part of any award, but may not grant GreatCall its
attorney fees, expert witness fees or costs unless it is determined that the claim was brought in bad
faith. In a Small Claim case, you shall be required to pay no more than half of the total administrative,
facility and arbitrator fees, or $50.00 of such fees, whichever is less, and GreatCall shall pay the
remainder of such fees. Administrative, facility and arbitrator fees for arbitrations in which your total
damage claims, exclusive of attorney fees and expert witness fees, exceed $5,000.00 (“Large Claim”)
shall be determined according to AAA rules. In a Large Claim case, the arbitrator may grant to the
prevailing party, or apportion among the parties, reasonable attorney fees, expert witness fees and
costs. Judgment may be entered on the arbitrator’s award in any court of competent jurisdiction. This
arbitration provision also applies to claims against GreatCall’s employees, representatives and affiliates
if any such claim arises from the Product’s sale, condition or performance.
You may opt out of this dispute resolution procedure by providing notice to GreatCall no later than 30
calendar days from the date of the first consumer purchaser’s purchase of the Product. To opt out,
you must send notice by e-mail to [e-mail], with the subject line: “Arbitration Opt Out.”
You must include in the opt out e-mail (a) your name and address; (b) the date on which the Product
was purchased; (c) the Product model name or model number; and (d) the IMEI or MEID or Serial
Number, as applicable, if you have it (the IMEI or MEID or Serial Number can be found (i) on the
Product box; (ii) on the Product information screen, which can be found under “Settings;” (iii) on a
label on the back of the Product beneath the battery, if the battery is removable; and (iv) on the
outside of the Product if the battery is not removable). Alternatively, you may opt out by sending a
letter by certified mail to ATTN: Arbitration Opt Out, GreatCall, Inc., 10935 Vista Sorrento Pkwy #200,