Indemnity, General provisions – Samsung SPH-A700BSSXAR User Manual

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Section 4B: Terms & Conditions / Warranty

209

RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND

SERVICES.

(e)

BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF CERTAIN

WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR

CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY

NOT APPLY TO YOU. OUR OWN AND OUR SUPPLIERS' TOTAL LIABILITY FOR

DAMAGES, LOSSES, AND CAUSES OF ACTION, REGARDLESS OF LEGAL THEORY,

WILL IN NO EVENT EXCEED THE AGGREGATE DOLLAR AMOUNT YOU HAVE

PAID TO US UNDER THESE TERMS, OR US $25.00, WHICHEVER IS GREATER.

14. Indemnity

You agree to indemnify and hold Sprint and its parents, suppliers, licensors,

subsidiaries, affiliates, officers, and employees harmless from any claim or

demand, including reasonable attorneys' fees, made by any third party due to or

arising out of: (1) use of the Service by you or by anyone using your account; (2)

violation of these Terms by you or by anyone using your account; or (3) violation

or infringement by you, or by anyone using your account, of intellectual property

rights or any other rights of any other person.

15. General Provisions

We may assign our rights and duties under these Terms to any third party at any

time without notice to you. These Terms and the relationship between you and

Sprint shall be governed by the laws of the State of California without regard to its

conflict of law provisions. You and Sprint agree to submit to the personal and

exclusive jurisdiction of the courts located within the State of California. You

agree that regardless of any statute or law to the contrary, any claim or cause of

action arising out of or related to use of the Service must be filed within one (1)

year after such claim or cause of action arose or be forever barred. The failure of

Sprint to exercise or enforce any right or provision of these Terms shall not

constitute a waiver of such right or provision.

If any provision of these Terms is found by a court of competent jurisdiction to be

invalid, the parties nevertheless agree that the court should endeavor to give

effect to the parties' intentions as reflected in the provision, and that the other

provisions of the Terms shall be valid and remain in full force and effect.

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