User's Manual

Section 28
Terms and Conditions & Warranty Information
60
i) the installation or repair of any products or equipment by parties who are not our authorized employees or
agents;
j) events due to factors beyond our control, including acts of God (including, without limitation, weather-related
phenomena, fire or earthquake), war, riot, strike, or orders of governmental authority;
k) any act or omission of any third party or independent contractor that offers products or services in conjunction
with or through the Services; or
l) your negligent or intentional act or omission.
NO CONSEQUENTIAL OR OTHER DAMAGES. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY
INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING
OUT OF OR IN CONNECTION WITH PROVIDING OR FAILING TO PROVIDE SERVICES, PHONES OR OTHER
EQUIPMENT USED IN CONNECTION WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION, LOST
PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES. THIS SECTION
SURVIVES TERMINATION OF THIS AGREEMENT.
Indemnification. You indemnify and defend us, our partners, directors, officers, employees and agents from and
against any claim, action, damage, liability and expense arising out of 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