Release of ▇▇▇▇▇▇▇▇. Upon the Effective Date, each of the Class Members will be deemed to have, and by operation of the Judgment will have, fully, finally, and forever released, relinquished, and discharged the Released Persons from all individual, class, representative, group or collective claims, demands, rights, suits, liabilities, damages, losses, injunctive and/or declaratory relief, and causes of action of every nature and description (with the exception of personal injury claims), including costs, expenses, penalties, and attorneys’ fees, whether known or unknown, matured or unmatured, asserted or unasserted, latent or patent, at law or in equity, existing under federal or state law, regardless of legal theory or relief claimed that any Class Member has or may have in the future against the Released Persons arising out of or related in any way to: a. Labeling, sales, Marketing, advertising, or other communications, regardless of medium, of or regarding any “Free Roaming” language used in the Products’ Marketing; and b. Any allegedly false or misleading statement or omission in or on the labeling or marketing of the Products bearing “Free Roaming” language that have been, or which could have been, asserted in the Action, and in connection with the conduct of the Action. This release does not release any alleged personal injury claims. To be clear, to the extent that any action or proceeding includes both claims for personal injury and claims that would otherwise fall within the scope of this release, the personal injury claims will not be deemed released, but the other claims will be released. To the extent that any Class Member asserts a cause of action or other claim that would otherwise fall within the scope of this release but asserts the right to recover both damages caused by personal injury and some other type of damages (for example, but not limited to, economic or statutory damages), that cause of action or claim will survive this release only to the extent of damages caused by personal injury.
Appears in 2 contracts
Sources: Class Action Settlement Agreement, Class Action Settlement Agreement