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No Class Actions
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON
A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER
PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF
ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
No Trial By Jury
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY
LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
Indemnification
You agree to indemnify, defend and hold us harmless from any claims arising out of your
actions, including, but not limited to, your use of the Service and any information you submit,
post, transmit or make available via the Service, failing to provide appropriate notices regarding
location-sensitive services (see “Location Based Services” section), failure to safeguard your
passwords, backup question to your shared secret question or other account information, or
violating this Agreement or any policy referenced in this Agreement, any applicable law or
regulation or the rights of any third party.
Providing Notice To Each Other Under The Agreement
Except as the Agreement specifically provides otherwise, you must provide us notice by calling
or writing us as instructed on your invoice. We will provide you notice through one or more of
the following: in your bill, correspondence to your last known billing address, to any fax number
or e-mail address you’ve provided us, by calling you on your Device or any other phone
number you’ve provided us, by voice message on your Device or any other phone number
you’ve provided us, or by text message on your Device.
Other Important Terms
Subject to federal law or unless the Agreement specifically provides otherwise, this Agreement
is governed solely by the laws of the state encompassing the billing address of the Device,
without regard to the conflicts of law rules of that state. If either of us waives or doesn’t enforce a
requirement under this Agreement in an instance, we don’t waive our right to later enforce that
requirement. Except as the Agreement specifically provides otherwise, if any part of the
Agreement is held invalid or unenforceable, the rest of this Agreement remains in full force and
effect. This Agreement isn’t for the benefit of any 3rd party except our corporate parents,
affiliates, subsidiaries, agents, and predecessors and successors in interest. You can’t assign
the Agreement or any of your rights or duties under it. We can assign the Agreement. You
cannot in any manner resell the Services to another party. The Agreement and the documents
it incorporates make up the entire agreement between us and replaces all prior written or
spoken agreements – you can’t rely on any contradictory documents or statements by sales or
service representatives. The rights, obligations and commitments in the Agreement that, by their
nature, would logically continue beyond the termination of Services (including, but not limited
to, those relating to billing, payment, 911, dispute resolution, no class action, no jury trial), survive
termination of Services.