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REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT,
PERSONAL INJURY, PRODUCTS LIABILITY, OR ANY OTHER THEORY. THIS MEANS THAT NEITHER OF US WILL SEEK
ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE OTHER. THIS LIMITATION
AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ONE OF OUR SUPPLIERS, TO THE EXTENT
THAT WE WOULD BE REQUIRED TO INDEMNIFY THE SUPPLIER FOR SUCH CLAIM. You agree we aren’t liable for
problems caused by you or a third party; by buildings, hills, network congestion, tunnels, weather, or other things we don’t
control. You also agree GreatCall is not liable for missed VoiceMail(s), or deletions of VoiceMail(s) from your VoiceMail box (if
you have one), even if you’ve saved them.
15. Handling Disputes With GreatCall
ANY CLAIM OR DISPUTE BETWEEN YOU AND GREATCALL IN ANY WAY RELATED TO OR CONCERNING THE
AGREEMENT, OR THE PROVISION OF SERVICES OR PRODUCTS TO YOU, INCLUDING ANY BILLING DISPUTES (CLAIM),
SHALL BE SUBMITTED TO FINAL, BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION
(“AAA”). THIS AGREEMENT TO ARBITRATE ALSO REQUIRES YOU TO ARBITRATE CLAIMS AGAINST OTHER PARTIES
RELATING TO SERVICES OR PRODUCTS PROVIDED OR BILLED TO YOU, INCLUDING SUPPLIERS OF SERVICES AND
PRODUCTS AND OUR RETAIL DEALERS, IF YOU ALSO ASSERT CLAIMS AGAINST US IN THE SAME PROCEEDING.
YOU AND WE ACKNOWLEDGE THAT THE AGREEMENT AFFECTS INTERSTATE COMMERCE AND THAT THE FEDERAL
ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO ARBITRATIONS UNDER THE AGREEMENT. BEFORE
INSTITUTING ARBITRATION, YOU AGREE TO PROVIDE US WITH AN OPPORTUNITY TO RESOLVE YOUR CLAIM BY
SENDING A WRITTEN DESCRIPTION OF YOUR CLAIM TO US AT: GREATCALL, P.O. BOX 4428, CARLSBAD, CA 92018,
AND NEGOTIATING WITH US IN GOOD FAITH REGARDING YOUR CLAIM. IF WE ARE NOT ABLE TO RESOLVE YOUR
CLAIM WITHIN 30 DAYS OF RECEIPT OF YOUR NOTICE, THEN YOU OR WE, INSTEAD OF SUING IN COURT, MAY
INITIATE ARBITRATION PROCEEDINGS WITH THE AAA. ARBITRATION WILL BE CONDUCTED UNDER THE AAA’S
PUBLISHED WIRELESS INDUSTRY ARBITRATION RULES AND SUPPLEMENTAL PROCEDURES FOR CONSUMER-