Manual GreatCall Jitterbug Plus (page 116 of 122) (English)

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Customer Agreement

Customer Agreement 221220 Customer Agreement

(A) FOR CLAIMS LESS THAN $25, WE WILL PAY ALL FEES AND EXPENSES; AND

(B) FOR CLAIMS BETWEEN $25 AND $1,000, YOU WILL PAY ONLY $25 IN FEES AND EXPENSES, OR ANY

LESSER AMOUNT AS PROVIDED UNDER AAA’S SUPPLEMENTAL PROCEDURES FOR CONSUMER-

RELATED DISPUTES.YOU AND WE AGREE TO PAY OUR OWN OTHER FEES, COSTS, AND EXPENSES,

INCLUDING THOSE FOR ANY ATTORNEYS, EXPERTS, AND WITNESSES. AN ARBITRATOR MAY ONLY

AWARD AS MUCH AND THE TYPE OF RELIEF AS A COURT WITH JURISDICTION IN THE PLACE OF

ARBITRATION THAT IS CONSISTENT WITH LAW AND THIS AGREEMENT. AN ARBITRATOR MAY ISSUE

INJUNCTIVE OR DECLARATORY 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 You

You represent that you’re at least 18 years old and have the legal capacity to accept this agreement. If you

are ordering for a friend or a member of your family, you are bound by the terms of this agreement, unless

and until, your friend or family member has agreed to the terms of this agreement. If you’re ordering for a

company, you’re representing that you are authorized to bind the company to the terms of this agreement,

where the context “you” means the company.

17. About This Agreement

If either of us waives or doesn’t enforce a requirement under this agreement in an instance, we don’t

waive our right to later enforce that requirement. You can’t assign this agreement or any of your rights

or duties under it. We may assign all or part of this agreement or your debts to us without notice, and

you agree to make all subsequent payments as instructed. Notices are considered delivered when we

send them by email or fax to any email or fax number you’ve provided to us, or three days after mailing

tothemostcurrentbillingaddresswehaveonleforyou,ifbyus,ortotheCustomerServiceaddress

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GreatCall Jitterbug Plus Manual

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