Sprint Nextel BlackBerry 8830 - Manual (Page 88)

80 Subscriber Agreement: General Terms and Conditions of Service
(1) “Disputes” are any claims or controversies against each other related in any way to our
Services or the Agreement, INCLUDING, but not limited to, coverage, Devices, privacy, or
advertising, even if it arises after Services have terminated – this includes claims you bring
against our employees, agents, affiliates or other representatives, or that we bring against
you.
(2) If either of us wants to arbitrate a dispute, we agree to send written notice to the other
providing a description of the dispute, previous efforts to resolve the dispute, all
supporting documents/information, and the proposed resolution. Notice to you will be
sent to your billing address and notice to us will be sent to: General Counsel; Arbitration
Office; 2001 Edmund Halley Drive VARESP0513-502; Reston, Virginia 20191. We agree to
make attempts to resolve the dispute. If we cannot resolve the dispute within forty-five
(45) days of receipt of the notice to arbitrate, then we may submit the dispute to formal
arbitration.
(3) The FAA applies to this Agreement and arbitration provision. We each agree the FAA’s
provisions, not state law, govern all questions of whether a dispute is subject to
arbitration.
(4) The arbitration will be administered by the International Institute for Conflict
Prevention and Resolution (“CPR”) under its arbitration rules. If any of the CPR’s rules
conflict with the terms of the Agreement, the terms of the Agreement apply. You can
obtain procedures, rules, and fee information from the CPR at 1-212-949-6490 or
www.cpradr.org.
(5) Unless we each agree otherwise, the Arbitration will be conducted by a single neutral
arbitrator and will take place in the county of your last billing address. The federal or state
law that applies to the Agreement will also apply during the arbitration.
(6) We each agree not to pursue arbitration on a classwide basis. We each agree that
any arbitration will be solely between you and us (not brought on behalf of or
together with another individual’s claim). If for any reason any court or arbitrator
holds that this restriction is unconscionable or unenforceable, then our agreement to
arbitrate doesn’t apply and the dispute must be brought in court.
(7) We each are responsible for our respective costs relating to counsel, experts, and
witnesses, as well as any other costs relating to the arbitration. However, we will cover any