LG D820 Sprint Update - Nexus 5 Safety & Warranty - Page 37

Dispute Resolution And Arbitration

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DISPUTE RESOLUTION AND ARBITRATION PLEASE READ THIS CAREFULLY; IT AFFECTS YOUR RIGHTS In those rare instances where your concern is not resolved to your satisfaction through calls to our customer care, you and Sprint each agree to try to resolve those disputes in good faith after you provide written notice of the dispute as set forth below. If the dispute is not resolved, you and Sprint agree that the dispute will be resolved through individual binding arbitration or small claims court, instead of courts of general jurisdiction. Mandatory Arbitration and Waiver of Class Action Instead of suing in court, you and Sprint agree to arbitrate all Disputes (as defined below) on an individual, nonrepresentative, basis. You agree that, by entering into this Agreement, you and Sprint are waiving the right to a trial by jury or to participate in a class action or representative action. This agreement to arbitrate is intended to be broadly interpreted. In arbitration, there is no judge or jury. Instead Disputes are decided by a neutral third-party arbitrator in a more informal process than in court. In arbitration, there is limited discovery and the arbitrator's decision is subject to limited review by courts. However, just as a court would, the arbitrator must honor the terms of the Agreement and can award damages and relief, including any attorneys' fees authorized by law. "Disputes" shall include, but are not limited to, any claims or controversies against each other related in any way to or arising out of in any way our Services or the Agreement, including, but not limited to, coverage, Devices, billing services and practices, policies, contract practices (including enforceability), service claims, privacy, or advertising, even if the claim arises after Services have terminated. Disputes also include, but are not v.7-1-13 General Terms and Conditions of Service 37

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v.7-1-13
General Terms and Conditions of Service
37
DISPUTE RESOLUTION AND ARBITRATION
PLEASE READ THIS CAREFULLY; IT AFFECTS YOUR
RIGHTS
In those rare instances where your concern is not resolved to your
satisfaction through calls to our customer care, you and Sprint
each agree to try to resolve those disputes in good faith after
you provide written notice of the dispute as set forth below. If the
dispute is not resolved, you and Sprint agree that the dispute will
be resolved through individual binding arbitration or small claims
court, instead of courts of general jurisdiction.
Mandatory Arbitration and Waiver of Class Action
Instead of suing in court, you and Sprint agree to arbitrate
all Disputes (as defined below) on an individual, non-
representative, basis. You agree that, by entering into this
Agreement, you and Sprint are waiving the right to a trial by jury
or to participate in a class action or representative action. This
agreement to arbitrate is intended to be broadly interpreted.
In arbitration, there is no judge or jury. Instead Disputes are
decided by a neutral third-party arbitrator in a more informal
process than in court. In arbitration, there is limited discovery and
the arbitrator’s decision is subject to limited review by courts.
However, just as a court would, the arbitrator must honor the
terms of the Agreement and can award damages and relief,
including any attorneys’ fees authorized by law.
“Disputes” shall include, but are not limited to, any claims or
controversies against each other related in any way to or arising
out of in any way our Services or the Agreement, including, but
not limited to, coverage, Devices, billing services and practices,
policies, contract practices (including enforceability), service
claims, privacy, or advertising, even if the claim arises after
Services have terminated. Disputes also include, but are not