GreatCall splash, User Manual

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OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED
CLASS OR REPRESENTATIVE PROCEEDING; (c) THE ARBITRATOR MAY NOT CONSOLIDATE MORE
THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A
REPRESENTATIVE OR CLASS PROCEEDING, (d) in the event that you are able to demonstrate
that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay
as much of your filing and hearing fees in connection with the arbitration as the arbitrator
deems necessary to prevent the arbitration from being cost-prohibitive as compared to the
cost of litigation, (e) we also reserve the right in our sole and exclusive discretion to assume
responsibility for all of the costs of the arbitration; (f) the arbitrator shall honor claims of
privilege and privacy recognized at law; and (g) a decision by the arbitrator (including any
finding of fact and/or conclusion of law) against either you or us shall be confidential unless
otherwise required to be disclosed by law or by any administrative body and may not be
collaterally used against either of them in existing or subsequent litigation or arbitration
involving any other person/customer.
With the exception of subparts (b) and (c) in the paragraph above (prohibiting arbitration
on a class or collective basis), if any part of this arbitration provision is deemed to be
invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, 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 in these terms of conditions of use. If, however, either subpart (b) or (c) is found
to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be
null and void, and neither your or we shall be entitled to arbitration.