Motorola i265 - Manual (Page 161)

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16. DISPUTE RESOLUTION - THIS SECTION
PROVIDES FOR THE RESOLUTION OF MOST
DISPUTES OR CLAIMS THROUGH
ARBITRATION INSTEAD OF COURT TRIALS
AND CLASS ACTIONS. CUSTOMER SHOULD
READ THIS SECTION CAREFULLY;
ARBITRATION IS FINAL, BINDING AND
SUBJECT TO ONLY VERY LIMITED REVIEW BY
A COURT. THIS SECTION GOVERNING
DISPUTES SHALL SURVIVE TERMINATION OF
THIS AGREEMENT.
Mandatory Arbitration - CUSTOMER AND
NEXTEL AGREE TO ARBITRATE ANY CLAIM,
CONTROVERSY OR DISPUTE ARISING UNDER
OR RELATED TO THIS AGREEMENT OR ANY
EQUIPMENT USED IN CONNECTION WITH THE
SERVICE (OR ANY PRIOR ORAL OR WRITTEN
AGREEMENT FOR WIRELESS SERVICE WITH
NEXTEL) EXCEPT THAT CUSTOMER OR
NEXTEL MAY BRING AN INDIVIDUAL ACTION IN
SMALL CLAIMS COURT. CUSTOMER AND
NEXTEL ACKNOWLEDGE THAT THIS
AGREEMENT EVIDENCES A TRANSACTION IN
INTERSTATE COMMERCE AND THAT THE
FEDERAL ARBITRATION ACT SHALL GOVERN
THE INTERPRETATION AND ENFORCEMENT
OF THIS ARBITRATION PROVISION. TO
INITIATE ARBITRATION, CUSTOMER OR
NEXTEL MUST FIRST SEND A WRITTEN
NOTICE, VIA CERTIFIED MAIL, TO THE OTHER
PARTY INDICATING ITS INTENT TO
ARBITRATE, WHICH NOTICE SHALL INCLUDE:
(1) A DESCRIPTION OF THE FACTS; (2) A
DESCRIPTION OF THE NATURE OF THE
CLAIM; AND (3) THE RELIEF SOUGHT ("NOTICE
TO ARBITRATE"). SEND NOTICE TO
ARBITRATE TO: NEXTEL GENERAL COUNSEL,
ARBITRATION OFFICE, 2001 EDMUND HALLEY
DRIVE, RESTON, VIRGINIA 20191. BOTH
PARTIES AGREE TO MAKE REASONABLE
ATTEMPTS TO RESOLVE ANY SUCH DISPUTE;
HOWEVER, IF THE PARTIES CANNOT
RESOLVE THE DISPUTE WITHIN FORTY-FIVE
(45) DAYS OF RECEIPT OF NOTICE TO
ARBITRATE, THEN AN ARBITRATION CLAIM
MAY COMMENCE. ANY ARBITRATION
INITIATED UNDER THIS AGREEMENT SHALL
BE ADMINISTERED BY THE AMERICAN
ARBITRATION ASSOCIATION (“AAA”) IN
ACCORDANCE WITH ITS WIRELESS INDUSTRY
ARBITRATION RULES (AND THE AAA
SUPPLEMENTAL PROCEDURES FOR
CONSUMER RELATED DISPUTES AS THEY
MAY BE APPLICABLE), AS MODIFIED BY THIS
AGREEMENT. INFORMATION CONCERNING
THE AAA, ITS WIRELESS INDUSTRY
ARBITRATION RULES AND OTHER