GreatCall lively - Page 64

Legal
59
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 Delaware, in accordance with the Federal Arbitration Act, without regard to its conict of law principles, and by any
applicable taris, 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. 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 5Star. 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.
Monthly Charges
To subscribe to the 5Star Service, you will be charged a recurring monthly service fee plus any applicable taxes. Remember, you can use your Lively as much
as needed but GreatCall may place usage limits in cases of abuse of the service. There is a fee associated with activating your service and there may be a fee
when re-activating.