Appendix
A
28
Installation Guide
CONFIDENTIAL AND PROPRIETARY
Release 1.0
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, WHETHER SOUNDING IN CONTRACT, STATUTE, OR TORT,
INCLUDING FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL
THEORY, RELATED DIRECTLY OR INDIRECTLY TO THE SERVICES,
WHETHER BETWEEN THE COMPANY AND THE CUSTOMER OR BETWEEN
THE COMPANY OR THE CUSTOMER, ON THE ONE HAND, AND
EMPLOYEES, AGENTS OR AFFILIATED BUSINESSES OF THE OTHER PARTY,
ON THE OTHER HAND, SHALL BE RESOLVED BY ARBITRATION AS
PRESCRIBED IN THIS SECTION. THE FEDERAL ARBITRATION ACT, NOT
STATE LAW, GOVERNS THE QUESTION OF WHETHER A CLAIM IS SUBJECT
TO ARBITRATION.
A single arbitrator engaged in the practice of law will conduct the arbitration under the
rules of the American Arbitration Association. The arbitrator will be selected in accordance
with AAA procedures from a list of qualified people maintained by the AAA. All expedited
procedures prescribed by the AAA rules will apply, and each party will bear their own
costs and attorney's fees.
The arbitrator will have authority only to award compensatory damages and will not have
authority to award punitive damages, lost profits, or other non-compensatory damages.
The arbitrator's decision and award will be final and binding, and judgment on the award
rendered by the arbitrator may be entered in any court with jurisdiction. The arbitrator's
decision must not contain findings of fact or conclusions of law.
If any party files a judicial or administrative action asserting a claim that is subject to
arbitration and another party successfully stays such action or compels arbitration, the
party filing that action must pay the other party's costs and expenses incurred in seeking
such stay or compelling arbitration, including attorney's fees.
Notices. You may get our current address for written notice by calling SkyMate Customer
Care. Written notice to you is sent to your last known address in our invoicing records.
Written notice is deemed delivered 3 days after deposit in the U.S. mail, postage prepaid,
and properly addressed. Unless required by this Agreement or Applicable Laws, (1) you
may notify us by calling SkyMate Customer Care, and (2) we may notify you by leaving a
message for you on your answering machine or with your answering service. Notice
addresses may be changed by giving notice as provided in this section.
Choice of Law; Jurisdiction. This Agreement is governed by and must be construed under
federal law and the laws of the State of Virginia, without regard to choice of law principles.
You agree to submit yourself to the personal jurisdiction of the courts in the State of
Virginia.
10 Change in User Agreement
This Internet site is subject to change without prior notice and your use of this site after a
change means that you have agreed to that change.
SkyMate may modify this User Agreement at any time by posting the revised agreement on
the Internet site. Any revised User Agreement is effective upon the user accessing this
Internet.