Modem User Manual

118 Section 5B: Terms and Conditions
Exceptions To Our Agreement To Arbitrate Disputes
Either of us may bring qualifying claims in small claims court.
In addition, this arbitration provision does not prevent you
from filing your dispute with any federal, state or local
government agency that can, if the law allows, seek relief
against us on your behalf.
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