User's Manual

Section 6B: Warranty and Terms and Conditions 167
No Class Actions
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE
DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE
CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A
REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT,
ARBITRATION OR OTHER PROCEEDING.
No Trial By Jury
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY
IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
Indemnification
You agree to indemnify, defend and hold us harmless from any claims arising out
of your actions, including, but not limited to, failing to provide appropriate notices
regarding location-sensitive services (see “Location Based Services” paragraph), or
violating this Agreement, any applicable law or regulation or the rights of any
third party.
Providing Notice To Each Other Under The Agreement
Except as the Agreement specifically provides otherwise, you must provide us
notice by calling or writing us as instructed on your invoice. We will provide you
notice in your bill, correspondence to your last known billing address, to any fax
number or e-mail address you’ve provided us, by calling you on your home phone
or Device, by voice message on your Device or home phone, or by text message on
your Device.
Other Important Terms
Subject to federal law or unless the Agreement specifically provides otherwise,
this Agreement is governed solely by the laws of the state encompassing the area
code assigned to your Device, without regard to the conflicts of law rules of that
state. If either of us waives or doesn’t enforce a requirement under this Agreement
in an instance, we don’t waive our right to later enforce that requirement. Except
as the Agreement specifically provides otherwise, if any part of the Agreement is
held invalid or unenforceable, the rest of this Agreement remains in full force and
effect. This Agreement isn’t for the benefit of any 3rd party except our corporate
parents, affiliates, subsidiaries, agents, and predecessors and successors in
interest. You can’t assign the Agreement or any of your rights or duties under it.
We can assign the Agreement. The Agreement and the documents it incorporates