Samsung SPH-I600MSSXAR User Manual

Page 69

rms &

Condi

tio

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.