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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 OF ANY KIND BETWEEN THE CUSTOMER AND THE COMPANY
AND/OR ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES OR OTHER
REPRESENTATIVES,WHETHER SOUNDING IN CONTRACT, STATUTE,OR TORT,
INCLUDING FRAUD, MISREPRESENTATION,FRAUDULENT INDUCEMENT, OR
ANY OTHER LEGAL OR EQUITABLE THEORY AND REGARDLESS OF THE DATE OF
ACCRUAL OF SUCH CLAIM, CONTROVERSY OR DISPUTE SHALL BE RESOLVED
BY FINAL AND BINDING ARBITRATION AS PRESCRIBED IN THIS SECTION. THE
FEDERAL ARBITRATION ACT, NOT STATE LAW, GOVERNS THE QUESTION OF
WHETHER A CLAIM IS SUBJECT TO ARBITRATION. HOWEVER, NOTHING
CONTAINED IN THIS ARBITRATION PROVISION SHALL PRECLUDE THE
CUSTOMER FROM RESOLVING ANY CLAIM, CONTROVERSY OR DISPUTE IN
SMALL CLAIMS COURT HE OR SHE OTHERWISE WOULD HAVE THE RIGHT TO
PURSUE.
A single arbitrator engaged in the practice of law will conduct the arbitration. The
arbitrator will be selected according to the rules of CPR or,alternatively, may be
selected by agreement of the parties, who shall cooperate in good faith to select the
arbitrator. The arbitration will be conducted by, and under the then-applicable
rules of the CPR Institute for Dispute Resolution. All expedited procedures
prescribed by the applicable rules will apply. Any required hearing fees and costs
shall be paid by the parties as required by the applicable rules or as required by
applicable law, but the arbitrator shall have the power to apportion such costs as
the arbitrator deems appropriate.
The arbitrator's decision and award will be final and binding (subject to the appeal
clause below), and judgment on the award rendered by the arbitrator may be
entered in any court with jurisdiction.
An appeal may be taken under the CPR Arbitration Appeal Procedure from any final
award of any arbitral panel in any arbitration arising out of or related to this
agreement that is conducted in accordance with the requirements of such Appeal
Procedure. Unless otherwise agreed by the parties and the appeal tribunal, the
appeal shall be conducted at the place of the original arbitration.
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.
Section 4B:Terms & Conditions / Warranty 182
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