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Legal
61
With the exception of subparts (b) and (c) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision
is deemed to be invalid, unenforceable or illegal, or otherwise conicts with the Rules and Procedures, then the balance of this arbitration provision shall
remain in eect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conicting provision were not contained in
these terms of conditions of use. If, however, either subpart (b) or (c) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration
provision shall be null and void, and neither you nor we shall be entitled to arbitration.
In the event this agreement to arbitrate is held unenforceable, or in the event AAA refuses to arbitrate the dispute, all controversies, disputes, demands,
counts, claims, or causes of action between you and us shall be exclusively brought in the state or federal courts located in San Diego County, California.
Further, in the event either you or we bring an action in a court seeking provisional interim equitable relief pending resolution of an arbitration, such
provisional interim relief must be exclusively sought in the state or federal courts located in San Diego County, California.
For more information on AAA, its Rules and Procedures, and how to le an arbitration claim, you may call AAA at 800-778-7879, write the AAA at 1633
Broadway, 10th Floor, New York, New York 10019, or visit the AAA website at http://www.adr.org.
Governing Law
To the fullest extent permitted by law, and except as explicitly provided otherwise, this agreement and any disputes arising out of or relating to it will be
governed by the laws of the state of California, in accordance with the Federal Arbitration Act, without regard to its conict of law principles, and by any
applicable taris, wherever led.
Our Relationship With You
This agreement does not create any duciary relationships between you and us. It doesn’t create any relationship of principal and agent, partnership, or
employer and employee, either.
We Can Assign This Agreement
We can assign this agreement or your obligations to pay under it in whole or in part to anyone we choose. You cannot assign this agreement or your
obligations to anyone else without our prior written consent.
This Is The Entire Agreement
This agreement is the entire agreement between you and us with respect to 5Star Service. It supersedes all other agreements or representations, oral or
written, between us, past or present, and may not be amended except in a writing signed by GreatCall. If any part of this agreement is considered invalid,
the rest of it will remain enforceable. No waiver of any part of this agreement, or of any breach of it, in any one instance will require us to waive any other
instance or breach. In some circumstances we might decide to provide you service voluntarily even if you would not otherwise qualify. This will not be a
waiver or require us to do so again.
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