Motorola Moto G 2nd Gen Legal Guide - Page 18

4. If your Product is covered by this Limited Warranty, you may be required to download, or otherwise obtain and accept software updates. You are responsible for any third party data costs incurred when obtaining the downloads. Before we can provide any further support under this Limited Warranty you must first comply with the warranty processes outlined above, and any repair instructions provided by Motorola. 5. If the software update does not fix the problem, you will receive instructions on how and where to ship the Product for evaluation. You must supply: (i) proof of purchase; (ii) a written description of the problem; (iii) the name of your mobile network service provider, if applicable; and (iv) your home and email address and telephone number. Motorola reserves the right to charge you for the cost of shipping the Product to and from the authorized service center. 6. If the Product is not covered by this Limited Warranty (and you do not have any other statutory rights in your place of residence), Motorola will inform you of the availability, price, and other conditions applicable to such out-of-warranty repair of the Product. Arbitration and Opt-Out Any controversy ArbitrationandOpt-Out or claim arising out of or relating to any Motorola product will be resolved by binding arbitration, instead of in court, unless you opt-out as explained below. The arbitration will take place in a location determined by the arbitrator as set forth in these terms (provided that such location is reasonably convenient for claimant), or a different location as may be mutually agreed upon by the parties. The arbitration will be conducted under the rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS ("JAMS Rules and Procedures"). Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator will apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Motorola will pay as much of the claimant's filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Motorola shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to the arbitration will have the right of discovery, which discovery shall 16 Safety, Regulatory, & Legal en