Samsung SPH-D710AAABST User Manual
Page 185
171
Warranty
LIMITED EXTENT. THE TERMS MUST BE READ SUBJECT TO
THESE STATUTORY PROVISIONS. IF THESE STATUTORY
PROVISIONS APPLY, TO THE 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 the terms and conditions furnished with, and
applicable to that content or service. If any provision of the
Terms is held invalid, illegal or unenforceable, that portion of
the Terms shall be construed in a manner consistent with
applicable law to reflect, as nearly as possible, the original
intentions of the parties, and the remaining portion of the Terms
shall remain in full force and effect. Samsung's failure to
enforce any right or provision of the Terms will not constitute a
waiver of such provision, or any other provision of the Terms.