Samsung 321 (the “Services”) may not work accurately, continuously or error-free, depending on the circumstances such as network connectivity, availability of GPS/Wi-Fi information, status and/or condition of your chosen contact's device, battery level and/or other circumstances which are out of Samsung Electronics Co., Ltd. (“Samsung”, “we”, “us”, “our”)’s control. The accuracy of the location information and timely delivery of the Services may be affected by your surroundings and the condition of your device and the device of your chosen contact. Unless otherwise expressly stated or legally required, Samsung disclaims any warranty that the Services will work accurately, continuously or without any error. Transferring your surroundings and location data may be chargeable to you depending on the fees specified by your service operator.

In order for the Services to function as intended, it may be necessary to have the feature, once deployed by you, automatically turn on the GPS and Wi-Fi functions of your device. You acknowledge and agree to the automatic enabling of the GPS and Wi-Fi functions (if required), without further notice to you or consent by you.

You acknowledge and agree not to misuse this function or use this function for any illegal purposes or to infringe on the privacy or any personal or proprietary rights of others. Use this function only in accordance with the law and only in cases of emergencies. You agree to be solely responsible for your use of this feature. Samsung shall not be liable for any outcome that may arise from your use of this feature.

The Services are made available only for your convenience and are not intended as, nor should they be treated as, a substitute for emergency calls to the authorities. Unless otherwise expressly stated or legally required, Samsung disclaims any warranty that the Services will work accurately, continuously or without any error.

A. THE SERVICES ARE PROVIDED ON AN AS IS, “WITH ALL FAULTS” AND AS AVAILABLE BASIS. YOU BEAR THE RISK OF USING THEM. SAMSUNG GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS UNDER OR RELATION TO THE SERVICES. SAMSUNG EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

B. WITHOUT LIMITING THE FOREGOING, SAMSUNG MAKES NO REPRESENTATION OR WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE CONTENT OBTAINED FROM THE SERVICES, OR ANY NOTIFICATIONS OR FUNCTIONALITY OF THE SERVICES WILL BE AVAILABLE, ACCURATE, COMPLETE OR RELIABLE, (iv) THE QUALITY OF THE SERVICES OR ANY INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS OR BUGS IN THE SERVICES WILL BE CORRECTED.

A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SAMSUNG SHALL NOT BE LIABLE UNDER A NEGLIGENCE THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY LOSS, LIABILITY, DAMAGE OR EXPENSE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF USE OR OTHER LOSSES (EVEN IF REPAIR, REPLACEMENT OR A REFUND FOR THE SERVICES DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR SAMSUNG KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSS. LIABILITY, DAMAGE, OR EXPENSE), DIRECTLY OR INDIRECTLY RESULTING FROM OR ARISING OUT OF: (i) CLAIMS FOR BREACH OF CONTRACT, BREACH OF WARRANTY, GUARANTEE OR CONDITION, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORT TO THE EXTENT PERMITTED BY APPLICABLE LAW; (ii) YOUR USE OR YOUR INABILITY TO USE THE SERVICES, (iii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (v) STATEMENTS OR CONDUCT OR ANY THIRD PARTY; (vi) THIS AGREEMENT; (vii) INJURY TO PERSON OR PROPERTY (INCLUDING DEATH), OR (viii) ANY OTHER MATTER RELATING TO THE SERVICES OR THE CONTENT PROVIDED THROUGH THE SERVICES.

B. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SAMSUNG RELATED TO THIS AGREEMENT OR THE SERVICES SHALL BE CEASING USE OF THE SERVICES.

C. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 5 AND 6 MAY NOT APPLY TO YOU.

You agree to hold harmless, indemnify and defend the Samsung from and against any claims, actions, demands, costs, liabilities, losses, damages, fines and expenses (including reasonable attorneys’ fees and costs) arising out of or relating to your use of the Services or any failure by you to comply with this Agreement. If, despite the personal nature of the licenses granted to you under these terms and conditions, you allow any individual to use the Services, or provide to any individual any information received via the Services, you agree to inform such individual of the existence and provisions of these terms and conditions, which shall be binding upon such individual, and you agree to hold harmless, indemnify, and defend Samsung from any and all claims, actions, demands, costs, liabilities, losses, damages, fines and expenses (including reasonable attorneys’ fees and costs) related to such individual’s use of the Services.

Samsung shall not be liable for any delay or failure in performance under these terms and conditions or interruption of the Services, resulting from acts of God, civil or military authority, war, acts of terrorism, labor disputes, materials or services provided by third parties, or any cause beyond the reasonable control of the Samsung.