Samsung SPH-A790ZKSXAR - Manual (Page 226)

Section 4B: Terms & Conditions / Warranty 217
COST OF REPLACEMENT PRODUCTS AND SERVICES. THIS SECTION SURVIVES
TERMINATION OF THIS AGREEMENT.
MANDATORY ARBITRATION OF DISPUTES. INSTEAD OF SUING IN COURT, YOU
AND SPRINT AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES
OR DISPUTES AGAINST EACH OTHER ARISING OUT OF OR RELATING TO THIS
AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, ANY
PHONES/EQUIPMENT, OR ADVERTISING, EVEN IF IT ARISES AFTER YOUR
SERVICES HAVE TERMINATED, AND INCLUDING CLAIMS YOU MAY BRING
AGAINST SPRINT'S EMPLOYEES, AGENTS, AFFILIATES OR OTHER
REPRESENTATIVES, OR THAT SPRINT MAY BRING AGAINST YOU (“CLAIMS”).
THE FEDERAL ARBITRATION ACT APPLIES TO THIS AGREEMENT AND ITS
PROVISIONS, NOT STATE LAW, GOVERN ALL QUESTIONS OF WHETHER A
CLAIM IS SUBJECT TO ARBITRATION. THIS PROVISION DOES NOT PREVENT
EITHER YOU OR SPRINT FROM BRINGING APPROPRIATE CLAIMS IN SMALL
CLAIMS COURT, BEFORE THE FEDERAL COMMUNICATIONS COMMISSION OR A
STATE PUBLIC UTILITIES COMMISSION.
YOU AND SPRINT FURTHER AGREE THAT NEITHER SPRINT NOR YOU WILL
JOIN ANY CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A
LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO CLAIM EITHER
SPRINT OR YOU HAS AGAINST THE OTHER SHALL BE RESOLVED ON A CLASS-
WIDE BASIS; AND THAT NEITHER SPRINT NOR YOU WILL ASSERT A CLAIM IN A
REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE. IF FOR ANY
REASON THIS ARBITRATION PROVISION DOES NOT APPLY TO A CLAIM, WE
AGREE TO WAIVE TRIAL BY JURY.
A single arbitrator engaged in the practice of law will conduct the arbitration. The
arbitration will be filed with and the arbitrator will be selected according to the
rules of either JAMS or the National Arbitration Forum (“NAF”), or, alternatively, as
we may mutually agree. We agree to act in good faith in selecting an arbitrator.
The arbitration will be conducted by and under the then-applicable rules of JAMS
or NAF, wherever the arbitration is filed or, if the arbitrator is chosen by mutual
agreement of the parties, the then-applicable rules of JAMS will apply unless the
parties agree otherwise. All expedited procedures prescribed by the applicable
rules will apply. We agree to pay our respective arbitration costs, except as
otherwise required by rules of JAMS or NAF, as applicable, but the arbitrator can
apportion these costs as appropriate. The arbitrator's decision and award is final
and binding, and judgment on the award may be entered in any court with
jurisdiction.
If any party files a judicial or administrative action asserting a claim that is subject
to arbitration and another party successfully stays such action or compels
arbitration, the party filing that action must pay the other party's costs and
expenses incurred in seeking such stay or compelling arbitration, including
attorneys' fees.
If any portion of this Mandatory Arbitration of Disputes section is determined to
be invalid or unenforceable, the remainder of the Section remains in full force and
effect.