Wherify Wherifone G550, Руководство пользователя

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LIMITATION OF LIABILITY—WHERIFY MAKES NO WARRANTY, EXPRESS OR IMPLIED,
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, OR
PERFORMANCE WITH REGARD TO THE SERVICES AND/OR GOODS PROVIDED HERE-
UNDER. In no event shall WHERIFY be liable, and you hereby release WHERIFY from
liability, WHETHER OR NOT DUE TO THE NEGLIGENCE OF WHERIFY, for: (a) any act
or omission of any provider of service or facilities other than WHERIFY; (b) mis-
takes, omissions, interruptions, errors, failures to transmit, delays or defects in the
service provided by or through WHERIFY; (c) any damage or injury caused by, or
allegedly resulting from, the presence or use of any wireless equipment or service
provided by WHERIFY, including, but not limited to, the presence or use thereof in
any vehicle or on any property; (d) claims made against you by third parties; (e)
damage caused by any suspension or termination of service by WHERIFY; (f) dam-
ages caused by failures or delays in the provision of, or making calls to, 911 or any
other emergency service, where such service is available; or, (g) any damage or
injury arising from alleged negligence or willful misconduct of any third party, or
including, without limitation, any directory assistance or Internet service provider.
WHERIFY shall not be liable for any indirect, punitive, special, incidental or conse-
quential losses or damages, regardless of whether the possibility of such damages
was known, Customer or any third party may suffer or incur caused by use of, or
inability to make use of, service or equipment provided by or through WHERIFY,
such as, but not limited to (a) loss of business, revenue or profits, (b) damages or
losses as a result of your inability to fulfill agreements with third parties, (c) claims
of personal injuries, or (d) injury to goodwill. WHERIFY’s sole liability, if any, for loss
or damage arising out of mistakes, omissions, interruptions, errors or any other
causes, including the negligence of Wherify, shall be limited to the credit for serv-
ice interruption for each separate period of interruption as described in the Section
on Service Interruption.
To the full extent allowed by law, Customer releases, indemnifies, and holds WHER-
IFY and its officers, directors, employees and agents harmless from and against any
and all claims of any person or entity for damages of any nature arising in any way
from or relating to, directly or indirectly, service provided by WHERIFY or its agents,
including the entities providing wireless and GPS services, or any person’s use
thereof (including, but not limited to, vehicular damage and personal injury),
INCLUDING CLAIMS ARISING FROM IN WHOLE OR IN PART THE ALLEGED NEGLI-
GENCE OF WHERIFY, or any violation by you of these Terms and Conditions. This
obligation shall survive termination of your service with WHERIFY. WHERIFY is not
liable to you for changes in operation, equipment or technology that is not com-
patible with Customer’s Internet access services.
SOME STATES, INCLUDING THE STATE OF KANSAS, DO NOT ALLOW DISCLAIMERS
OF IMPLIED WARRANTIES OR LIMITS ON REMEDIES FOR BREACH; THEREFORE, THE
ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS CONTRACT
GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS THAT
VARY FROM STATE TO STATE.
ARBITRATION—WHERIFY and Customer shall use their best efforts to negotiate
with each other in good faith to settle any dispute or claim arising from or
relating to the Agreement. If agreement is not reached within 30 days from date
negotiations commenced Customer and Wherify shall submit to arbitration
any and all disputes and claims (including but not limited to claims based on or
arising from an alleged tort) arising out of or relating to the Agreement, or to
any prior Agreement for products or service between Customer and WHERIFY or
any of WHERIFY’s affiliates or predecessors in interest. The arbitration of any
dispute or claim shall be conducted in accordance with the wireless industry
arbitration rules (“WIA Rules”) available at http://www.adr.org/rules/commer-
cial/wireless_rules.html#intro, as modified by this agreement and as administered
by the American Arbitration Association (“AAA”). This agreement evidences a
transaction in interstate commerce and that the United States Arbitration Act and
Federal Arbitration Law shall govern the interpretation and enforcement of, and
proceedings pursuant to, this or a prior agreement.
The location of any arbitration shall be in the city where WHERIFY’s Office is incor-
porated unless parties agree to another location. Except where prohibited by law,
no arbitrator has the authority to: (1) award relief in excess of what the Agreement
provides; (2) award punitive damages or any other damages not measured by the
prevailing party’s actual damages; or (3) order consolidation or class arbitration.
The Arbitrator(s) must give effect to the limitations on WHERIFY’s liability as set
forth in the Agreement, any applicable law or regulation. In any arbitration utiliz-
ing the rules applicable to large/complex cases, as defined under the WIA Rules, the
arbitrator(s) must also apply the Federal Rules of Evidence, and the losing party
may have the award reviewed in accordance with the review procedures set forth
in the WIA Rules.
WHERIFY and Customer each waives its respective right to a trial by jury.
Arbitration is final and binding and subject to only very limited review by a court.
If this arbitration clause is deemed inapplicable or invalid, WHERIFY and Customer
agrees to waive, to the fullest extent allowed by law, any trial by jury. In such case,
a court or other entity of competent jurisdiction shall decide the dispute or claim.
The existence, content, or results of any arbitration shall remain confidential.
Judgment on the award rendered by the arbitrator(s) may be entered in any court
of competent jurisdiction. Notwithstanding the foregoing, either party may bring
an action in small claims court.
CHANGES TO TERMS, CONDITIONS, RATES, FEES, EXPENSES, AND CHARGES—
WHERIFY may change the Terms and Conditions described herein at any time.
WHERIFY will provide notice of such changes either in the monthly invoice or sep-
arately. Governmentally imposed assessments, fees, and surcharges, whether or not
assessed directly upon Customer, may be increased without notice.
TRADEMARKS—Wherify products and services referenced herein are either trade-
marks or registered trademarks of Wherify. The names of actual companies and