Samsung GH68-37463A user manual Indemnification, Choice of Law, 249

SAMSUNG SHALL NOT BE HELD RESPONSIBLE FOR ANY THIRD PARTY CONTENT OR SERVICE THAT MAY BE ACCESSED THROUGH THE SERVICE, NOR SHALL SAMSUNG BE HELD RESPONSIBLE FOR MALICIOUS CODE CONTAINED ON OR DISTRIBUTED THROUGH BY THIRD PARTIES.

YOU ASSUME FULL RESPONSIBILITY FOR ANY DAMAGES, LOSSES, COSTS, OR HARM ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE. TO THE EXTENT PERMITTED BY LAW, EXCEPT FOR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, SAMSUNG DISCLAIMS ALL LIABILITIES WITH RESPECT TO YOUR USE OF THE SERVICE (INCLUDING DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES).

IF THERE IS A CLAIM THAT WE HAVE BREACHED ANY OF THE PROVISIONS IN THE TERMS, THIS DOES NOT AFFECT OR INVALIDATE THE OTHER PROVISIONS.

CERTAIN STATUTORY PROVISIONS UNDER APPLICABLE LAW MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS UPON SAMSUNG WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THE TERMS MUST BE READ SUBJECT TO THESE STATUTORY PROVISIONS. IF THESE STATUTORY PROVISIONS

APPLY, TO THE EXTENT TO WHICH SAMSUNG IS ABLE TO DO SO, SAMSUNG LIMITS ITS LIABILITY UNDER THOSE PROVISIONS TO, AT ITS OPTION, IN THE CASE OF SERVICES (A) THE SUPPLYING OF THE SERVICES AGAIN; OR (B) THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN AND, IN THE CASE OF GOODS,

(A)THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; (B) THE REPAIR OF THE GOODS; (C) THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR (D) THE PAYMENT OF

THE COST OF HAVING THE GOODS REPAIRED.

Indemnification

You agree to defend, indemnify and hold harmless Samsung from and against any and all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of i) your breach of the Terms, ii) your infringement or violation of any intellectual property, other rights or privacy of a third party,

iii)misuse of the Service by a third party where such misuse was made possible due to your failure to take reasonable measures to protect your username and password against misuse.

Choice of Law

Except where prohibited by applicable law or provided otherwise herein, the Terms shall be governed by the laws of the State of New York without regard to its conflict of law provisions.

Warranty Information 249