Audiovox PM8920 Owners Manual - Page 71

Indemnification., MANDATORY ARBITRATION OF DISPUTES.

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Safety/ Terms & Conditions 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, MI SREPRESENTATI ON, 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 CPR 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 the CPR Institute for Dispute Resolution. All expedited procedures prescribed by the applicable rules will apply. Any required hearing fees and costs shall be paid by the parties as required by the applicable 65

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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, MI
SREPRESENTATI ON,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
CPR 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 the CPR Institute for Dispute Resolution. All expedited procedures
prescribed by the applicable rules will apply. Any required hearing
fees and costs shall be paid by the parties as required by the applicable
65
Safety/
Terms & Conditions