LG D820 Sprint Update - Nexus 5 Safety & Warranty - Page 39

ArbitrationTerms, Process, Rules and Procedures

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ArbitrationTerms, Process, Rules and Procedures (1) Unless you and Sprint agree otherwise, the arbitration will be conducted by a single, neutral arbitrator and will take place in the county of the last billing address of the Service. The arbitration will be governed by either: (a) rules that we mutually agree upon; or (b) the JAMS Comprehensive Arbitration Rules & Procedures (the "JAMS Rules"), as modified by this agreement to arbitrate, including the rules about the filing, administration, discovery and arbitrator fees. The JAMS rules are available on its website at jamsadr.com. Notwithstanding any JAMS Rule to the contrary or any other provision in arbitration rules chosen, by agreement, to govern the arbitration, we each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, except that only a court (and not the arbitrator) shall decide any disagreements regarding the scope and enforceability of this agreement to arbitrate. (2)The Federal Arbitration Act ("FAA") applies to this Agreement and arbitration provision. We each agree that the FAA's provisions-not state law-govern all questions of whether a Dispute is subject to arbitration. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the "Minimum Standards"), the Minimum Standards in that regard will apply. However, nothing in this paragraph will require or allow you or Sprint to arbitrate on a class-wide, representative or consolidated basis. (3) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND SPRINTAGREETHATEACH MAY BRING CLAIMS AGAINSTTHE OTHER ONLYIN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER IN ANY PUTATIVE CLASS OR REPRESENTATIVE PROCEEDING. Further, unless v.7-1-13 General Terms and Conditions of Service 39

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v.7-1-13
General Terms and Conditions of Service
39
ArbitrationTerms, Process, Rules and Procedures
(1) Unless you and Sprint agree otherwise, the arbitration will be
conducted by a single, neutral arbitrator and will take place in the
county of the last billing address of the Service. The arbitration
will be governed by either: (a) rules that we mutually agree upon;
or (b) the JAMS Comprehensive Arbitration Rules & Procedures
(the “JAMS Rules”), as modified by this agreement to arbitrate,
including the rules about the filing, administration, discovery
and arbitrator fees. The JAMS rules are available on its website at
jamsadr.com. Notwithstanding any JAMS Rule to the contrary or
any other provision in arbitration rules chosen, by agreement, to
govern the arbitration, we each agree that all issues regarding the
Dispute are delegated to the arbitrator to decide, except that only
a court (and not the arbitrator) shall decide any disagreements
regarding the scope and enforceability of this agreement to
arbitrate.
(2) The Federal Arbitration Act (“FAA”) applies to this Agreement
and arbitration provision. We each agree that the FAA’s
provisions—not state law—govern all questions of whether a
Dispute is subject to arbitration. To the extent that this agreement
to arbitrate conflicts with the JAMS Policy on Consumer
Arbitrations Pursuant to Pre-Dispute Clauses Minimum
Standards for Procedural Fairness (the “Minimum Standards”),
the Minimum Standards in that regard will apply. However,
nothing in this paragraph will require or allow you or Sprint to
arbitrate on a class-wide, representative or consolidated basis.
(3) The arbitrator may award declaratory or injunctive relief
only in favor of the individual party seeking relief and only to
the extent necessary to provide relief warranted by that party’s
individual claim.
YOU AND SPRINT AGREE THAT EACH MAY
BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL
CAPACITY, AND NOT AS A CLASS MEMBER IN ANY PUTATIVE
CLASS OR REPRESENTATIVE PROCEEDING.
Further, unless