Samsung SPH-D710ZWABST - Manual (Page 231)

4B. Manufacturer’s Warranty 216
EXTENT TO WHICH SAMSUNG IS ABLE TO DO SO,
SAMSUNG LIMITS ITS LIABILITY UNDER THOSE
PROVISIONS TO, AT ITS OPTION, IN THE CASE OF
SERVICES (A) THE SUPPLYING OF THE SERVICES
AGAIN; OR (B) THE PAYMENT OF THE COST OF
HAVING THE SERVICES SUPPLIED AGAIN AND, IN
THE CASE OF GOODS, (A) THE REPLACEMENT OF
THE GOODS OR THE SUPPLY OF EQUIVALENT
GOODS; (B) THE REPAIR OF THE GOODS; (C) THE
PAYMENT OF THE COST OF REPLACING THE
GOODS OR OF ACQUIRING EQUIVALENT GOODS;
OR (D) THE PAYMENT OF THE COST OF HAVING THE
GOODS REPAIRED.
Indemnification
You agree to defend, indemnify and hold harmless
Samsung from and against any and all third party
claims and all liabilities, assessments, losses, costs or
damages resulting from or arising out of i) your breach
of the Terms, ii) your infringement or violation of any
intellectual property, other rights or privacy of a third
party, iii) misuse of the Service by a third party where
such misuse was made possible due to your failure to
take reasonable measures to protect your username
and password against misuse.
Choice of Law
Except where prohibited by applicable law or provided
otherwise herein, the Terms shall be governed by the
laws of the State of New York without regard to its
conflict of law provisions.
You and Samsung agree to submit to the
non-exclusive jurisdiction of the competent courts in
the State of New York to resolve any legal matters
arising from the Terms. Notwithstanding this, you agree
that Samsung shall still be allowed to apply for
injunctive remedies (or equivalent type of urgent legal
relief) in any jurisdiction.
Miscellaneous
The Terms (including all documents comprising the
Terms) constitute the entire agreement between you
and Samsung, and supersedes any prior agreement
between you and Samsung, with respect to your use of
the Service. Your use of any third-party content or
service accessed via the Service will be governed by
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