Jitterbug Ascend Y300, User Manual

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User Guide 84
RELIEF BUT ONLY APPLYING TO YOU AND US AND NOT TO ANY OTHER CUSTOMER OR
THIRD PARTY. AS A LIMITED EXCEPTION TO THE AGREEMENT TO ARBITRATE, YOU AND WE
AGREE THAT:
(A) YOU MAY MAKE CLAIMS TO SMALL CLAIMS COURT, IF YOUR CLAIMS QUALIFY FOR
HEARING BY SUCH COURT; AND
(B) IF YOU FAIL TO TIMELY PAY AMOUNTS DUE, WE MAY ASSIGN YOUR ACCOUNT FOR
COLLECTION, AND THE COLLECTION AGENCY MAY PURSUE IN COURT CLAIMS LIMITED
STRICTLY TO THE COLLECTION OF THE PAST DUE DEBT AND ANY INTEREST OR COST
OF COLLECTION AGREEMENT. AS PERMITTED BY LAW, OR WHETHER CLASS ACTION
IN COURT, WAIVER SMALL CLAIMS COURT, OR ARBITRATION, YOU AND WE MAY ONLY
BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS
REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION. IF A
COURT OR ARBITRATOR DETERMINES IN A CLAIM BETWEEN YOU AND US THAT YOUR
WAIVER OF ANY ABILITY TO PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS IS
UNENFORCEABLE UNDER APPLICABLE LAW, THE ARBITRATION AGREEMENT WILL NOT
APPLY, AND YOU AND WE AGREE THAT SUCH CLAIMS WILL BE RESOLVED BY A COURT OF
APPROPRIATE JURISDICTION, OTHER THAN A SMALL CLAIMS COURT. JURY TRIAL WAIVER,
WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND WE WAIVE ANY RIGHT
TO JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN YOU AND US.
16. About 5Star Service
NOT ALL PERSONAL EMERGENCY RESPONSE SYSTEMS (PERS) HAVE THE SAME FEATURES.
YOU SHOULD DETERMINE WHICH FEATURES ARE IMPORTANT TO YOU. CALCULATION WAS
DETERMINED BY AVERAGING THE PERS MARKET LEADERS’ MONTHLY PUBLISHED FEES. 5STAR
URGENT RESPONSE SERVICE REQUIRES THE PURCHASE OF THE 5STAR AND A ONE-TIME
SET-UP FEE FOR SERVICE ACTIVATION OF $35. COVERAGE AND SERVICE ARE NOT AVAILABLE
EVERYWHERE. OTHER CHARGES AND RESTRICTIONS MAY APPLY. 5STAR SERVICE MAY NOT
BE AVAILABLE IN REMOTE OR ENCLOSED AREAS. 5STAR SERVICE WILL BE ABLE TO TRACK
AN APPROXIMATE LOCATION WHEN YOUR DEVICE IS TURNED ON AND FULLY CHARGED,
BUT WE CANNOT GUARANTEE AN EXACT LOCATION. 5STAR SERVICE DOES NOT REQUIRE A