Indemnification, Arbitration of disputes – Samsung SPH-N300NS-XAR User Manual

Page 154

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Section 21

154

Terms and Conditions & Warranty Information

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.

ARBITRATION OF DISPUTES

ANY CLAIM, CONTROVERSY OR DISPUTE, WHETHER
SOUNDING IN CONTRACT, STATUTE, OR TORT, INCLUDING
FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL
THEORY, RELATED DIRECTLY OR INDIRECTLY TO THE
SERVICES, WHETHER BETWEEN THE COMPANY AND THE
CUSTOMER OR BETWEEN THE COMPANY OR THE
CUSTOMER, ON THE ONE HAND, AND EMPLOYEES, AGENTS
OR AFFILIATED BUSINESSES OF THE OTHER PARTY, ON THE
OTHER HAND, SHALL BE RESOLVED BY ARBITRATION AS
PRESCRIBED IN THIS SECTION. THE FEDERAL
ARBITRATION ACT, NOT STATE LAW, GOVERNS THE
QUESTION OF WHETHER A CLAIM IS SUBJECT TO
ARBITRATION.
A single arbitrator engaged in the practice of law will conduct
the arbitration under the rules of the American Arbitration
Association. The arbitrator will be selected in accordance with
AAA procedures from a list of qualified people maintained by
the AAA. All expedited procedures prescribed by the AAA rules
will apply, and each party will bear their own costs and
attorney’s fees.

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