User's Manual

Section 6: Safety Information and Terms & Conditions
6B: Terms and Conditions 165
or in connection with: (1) your acts or omissions that occur
in connection with your use of the Services or equipment
used in connection with the Services, and (2) any
communications you make or receive using the Services. This
indemnification extends to and includes any attorney's fees
and costs incurred by us arising from any actions or claims to
which this indemnification applies, or from the contesting of
the applicability of this provision. This section survives
termination of this Agreement.
MANDATORY\ ARBITRATION OF DISPUTES. ANY CLAIM,
CONTROVERSY OR DISPUTE OF ANY KIND BETWEEN THE
CUSTOMER AND THE COMPANY AND/OR ANY OF ITS'
EMPLOYEES, AGENTS, AFFILIATES OR OTHER
REPRESENTATIVES, WHETHER SOUNDING IN CONTRACT,
STATUTE, OR TORT, INCLUDING FRAUD,
MISREPRESENTATION, FRAUDULENT INDUCEMENT, OR
ANY OTHER LEGAL OR EQUITABLE THEORY AND
REGARDLESS OF THE DATE OF ACCRUAL OF SUCH CLAIM,
CONTROVERSY OR DISPUTE SHALL BE RESOLVED BY
FINAL AND BINDING ARBITRATION AS PRESCRIBED IN
THIS SECTION. THE FEDERAL ARBITRATION ACT, NOT
STATE LAW, GOVERNS THE QUESTION OF WHETHER A
CLAIM IS SUBJECT TO ARBITRATION. HOWEVER,
NOTHING CONTAINED IN THIS ARBITRATION PROVISION
SHALL PRECLUDE THE CUSTOMER FROM RESOLVING ANY
CLAIM, CONTROVERSY OR DISPUTE IN SMALL CLAIMS
COURT HE OR SHE OTHERWISE WOULD HAVE THE RIGHT
TO PURSUE.
A single arbitrator engaged in the practice of law will conduct
the arbitration. The arbitrator will be selected according to
the rules of the American Arbitration Association or JAMS or,
alternatively, may be selected by agreement of the parties,
who shall cooperate in good faith to select the arbitrator. The
arbitration will be conducted by, and under the then-
applicable rules of American Arbitration Association or JAMS,
as applicable. All expedited procedures prescribed by the
applicable rules will apply. Any required hearing fees and
costs shall be paid by the parties as required by the applicable
rules or as required by applicable law, but the arbitrator shall
have the power to apportion such costs as the arbitrator
deems appropriate.