LG D820 Sprint Update - Nexus 5 Safety & Warranty - Page 40

No Trial By Jury and No Class Action

Page 40 highlights

both you and Sprint expressly agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If any portion of this provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. (4) We each are responsible for our respective costs, including our respective counsel, experts, and witnesses. Sprint will pay for any filing or case management fees associated with the arbitration and the professional fees for the arbitrator's services. (5) An arbitrator's award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator's decision and award is final and binding, with some limited court review under the FAA, and judgment on the award may be entered in any court with jurisdiction. (6) As an alternative to arbitration, we may resolve Disputes in small claims court in the county of your most recent billing address. In addition, this arbitration agreement does not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against Sprint on your behalf. No Trial By Jury and No Class Action IF FOR ANY REASON A CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY PROCEEDS IN COURT RATHER THAN IN ARBITRATION, REGARDLESS OF WHETHER THE CLAIM IS AN ACTION, COUTERCLAIM OR ANY OTHER COURT PROCEEDING, WE EACH AGREETHATTO THE EXTENTALLOWED BY LAW, THERE WILL NOT BE A JURYTRIAL OR CLASS ACTION AND WE EACH UNCONDITIONALLY (1) WAIVE ANY RIGHTTO TRIAL BY JURYAND (2) WAIVE ANY RIGHTTO PURSUE DISPUTES ON 40 General Terms and Conditions of Service v.7-1-13

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
  • 13
  • 14
  • 15
  • 16
  • 17
  • 18
  • 19
  • 20
  • 21
  • 22
  • 23
  • 24
  • 25
  • 26
  • 27
  • 28
  • 29
  • 30
  • 31
  • 32
  • 33
  • 34
  • 35
  • 36
  • 37
  • 38
  • 39
  • 40
  • 41
  • 42
  • 43
  • 44
  • 45
  • 46
  • 47
  • 48

40
General Terms and Conditions of Service
v.7-1-13
both you and Sprint expressly agree otherwise, the arbitrator
may not consolidate more than one person’s claims, and may
not otherwise preside over any form of a representative or
class proceeding. If any portion of this provision is found to be
unenforceable, then the entirety of this arbitration provision shall
be null and void.
(4) We each are responsible for our respective costs, including
our respective counsel, experts, and witnesses. Sprint will pay
for any filing or case management fees associated with the
arbitration and the professional fees for the arbitrator’s services.
(5) An arbitrator’s award will be a written statement of the
disposition of each claim and will also provide a concise written
statement of the essential findings and conclusions which form
the basis of the award. The arbitrator’s decision and award is
final and binding, with some limited court review under the FAA,
and judgment on the award may be entered in any court with
jurisdiction.
(6) As an alternative to arbitration, we may resolve Disputes
in small claims court in the county of your most recent billing
address. In addition, this arbitration agreement does not prevent
you from bringing your Dispute to the attention of any federal,
state, or local government agency. Such agencies can, if the law
allows, seek relief against Sprint on your behalf.
No Trial By Jury and No Class Action
IF FOR ANY REASON A CLAIM ARISING OUT OF OR RELATING TO
THIS AGREEMENT IN ANY WAY PROCEEDS IN COURT RATHER
THAN IN ARBITRATION, REGARDLESS OF WHETHER THE
CLAIM IS AN ACTION, COUTERCLAIM OR ANY OTHER COURT
PROCEEDING, WE EACH AGREE THAT TO THE EXTENT ALLOWED
BY LAW, THERE WILL NOT BE A JURY TRIAL OR CLASS ACTION
AND WE EACH UNCONDITIONALLY (1) WAIVE ANY RIGHT TO TRIAL
BY JURY AND (2) WAIVE ANY RIGHT TO PURSUE DISPUTES ON