Huawei M615 Quick Start Guide - Page 8

Is Present At An Arbitration. The Award Is Final And Binding - review

Get Huawei M615 PDF manuals and user guides View all Huawei M615 manuals
Add to My Manuals
Save this manual to your list of manuals

Page 8 highlights

extent permitted by applicable law. Any such notice will be treated as provided to you when left with you, on your phone, or on your answering/voicemail service. Any notice that Cricket mails to you will be deemed provided to you, to the extent permitted by applicable law, when Cricket deposits the notice into the United States mail addressed to you at your last known address as shown in our billing records. You must notify us of any address changes. Failure to notify us of a change in your address constitutes a breach of this Agreement and possible grounds for suspension or termination of your Service. Your notice to us shall be deemed given when received at: Cricket, P.O. Box 349067, Columbus, Ohio 43234-9067 and must include your name, billing address and Cricket telephone number. (b) Cricket may provide a telephone number to its customers as a means to contact Cricket. Cricket may limit or prohibit your access to that number if Cricket deems it necessary to prevent abuse of the customer service phone lines that may cause delayed response to calls, prevent calls from reaching Cricket, cause problems with the system, or otherwise damage Cricket or its customers. 19. CPNI. In providing service to you, Cricket will receive information classified as "customer proprietary network information" ("CPNI") under federal law that is considered confidential, such as information regarding your usage of the service, the technical configuration of such service, the destination of telephone calls you make and the type of services you purchase. Cricket may use this information for certain purposes without further disclosure or consent, including the following: to provide you Service; to market service offerings to you related to the Services you purchase; or to protect you, other Cricket users, Cricket and other carriers from fraud, abuse or unlawful use of its service. Cricket reserves the right to communicate with you by using prerecorded messages that are informational or promotional in nature. Cricket also may share such information with its affiliates, joint venture partners and third-party agents for the limited purpose of making available to you communications-related offers and information that may be of interest to you. However, you have the right under federal law to request Cricket not to disclose your confidential information for this purpose, and Cricket has the duty to honor any such request. You may "opt out" of disclosure of your CPNI to Cricket affiliates, joint venture partners and third-party agents for this purpose by going to www.mycricketdisputeresolution.com . Opting-out will not affect Crickets' provision of service to you. Additional provisions regarding our use of CPNI and other subscriber information is set forth in our Privacy Policy, available at our official website (www. mycricket.com), which we incorporate herein by reference. 20. Arbitration; Dispute Resolution. (a) PLEASE READ THIS SECTION CAREFULLY. ARBITRATION MAY LIMIT RIGHTS YOU MAY HAVE AND PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION. ARBITRATION IS DIFFERENT FROM COURT; THE RULES, INCLUDING DISCOVERY, ARE DIFFERENT AND NO JUDGE OR JURY IS PRESENT AT AN ARBITRATION. THE AWARD IS FINAL AND BINDING AND 13 3828B-QSG_PILLAR_ES_D1.indd 13-14 SUBJECT ONLY TO VERY LIMITED REVIEW BY A COURT (INCLUDING ATTORNEY'S FEES). IN ADDITION, YOU AND WE ARE WAIVING RIGHTS TO PARTICIPATE IN CLASS ACTIONS, INCLUDING WITHOUT LIMITATION CLASS ACTIONS BEGUN BY OTHERS PRIOR TO THIS AGREEMENT. EVEN IF APPLICABLE LAW PERMITS CLASS ACTIONS OR CLASS ARBITRATIONS, YOU ARE WAIVING ANY RIGHT TO PURSUE ANY SUCH CLAIM OR CONTROVERSY AGAINST US (OUR AFFILIATES, PREDECESSORS OR SUCCESSORS IN INTEREST) ON A CLASS BASIS. WE, IN TURN, WAIVE ANY RIGHT TO PURSUE ANY SUCH CLAIM OR CONTROVERSY AGAINST YOU ON A CLASS BASIS. (b) You may reject this arbitration clause by sending us a rejection notice ("Rejection Notice") within sixty (60) days after the date of your phone activation or our disclosure of this section to you ("Opt-Out Deadline") by going to www.mycricketdisputeresolution. com. Any Rejection Notice received after the Opt-Out Deadline will not be valid and you must pursue your claim in arbitration of small claims court (c) Any past, present or future claim, dispute or controversy ("Claim") by either you or us against the other, or against the employees, agents, successors or assigns of the other, arising from or relating in any way to this Agreement or Services provided to you under this Agreement, including (without limitation) statutory, tort and contract Claims and Claims regarding the applicability of this arbitration clause or the validity of the entire Agreement, shall be resolved, upon the election by you or us, by binding arbitration. However, a Claim does not include any challenge to the validly and effect of the Class Action Waiver, as set forth below, which must be determined by a court. The party filing arbitration must choose one of the following three arbitration administrators: American Arbitration Association or JAMS. These administrators are independent from us, and you must follow their rules and procedures for initiating and pursuing arbitration. If you initiate the arbitration, you must also notify us in writing at the address set forth in the "Notices and Contact" section above. If we initiate the arbitration, we will notify you in writing at your then current billing address and send you a text message or (if your account is closed) the last address at which we contacted you. Any arbitration hearing that you attend will be held at a place chosen by the arbitrator or arbitration administrator at the time the claim is filed. We agree that we will not elect to arbitrate an individual Claim that you bring against us in small claims court or your state's equivalent court, if any; however, if that Claim is transferred or appealed to a different court, we reserve our right to elect arbitration. Unless otherwise provided by applicable law, neither party has the right to bring a Claim or other legal action under these Terms and Conditions more than two (2) years after the cause of action arose. We each agree that the Agreement affects interstate commerce so that the FAA (as defined below) apply (despite the choice of law provision in Section 21). 14 3/24/11 2:24 PM

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
13
14
extent permitted by applicable law. Any such notice will be treated as provided to you
when left with you, on your phone, or on your answering/voicemail service. Any notice
that Cricket mails to you will be deemed provided to you, to the extent permitted by
applicable law, when Cricket deposits the notice into the United States mail addressed
to you at your last known address as shown in our billing records. You must notify us
of any address changes. Failure to notify us of a change in your address constitutes a
breach of this Agreement and possible grounds for suspension or termination of your
Service. Your notice to us shall be deemed given when received at: Cricket, P.O. Box
349067, Columbus, Ohio 43234-9067 and must include your name, billing address and
Cricket telephone number.
(b)
Cricket may provide a telephone number to its customers as a means to contact
Cricket. Cricket may limit or prohibit your access to that number if Cricket deems it
necessary to prevent abuse of the customer service phone lines that may cause
delayed response to calls, prevent calls from reaching Cricket, cause problems with the
system, or otherwise damage Cricket or its customers.
19. CPNI.
In providing service to you, Cricket will receive information classified
as “customer proprietary network information” (“CPNI”) under federal law that is
considered confidential, such as information regarding your usage of the service, the
technical configuration of such service, the destination of telephone calls you make and
the type of services you purchase. Cricket may use this information for certain purposes
without further disclosure or consent, including the following: to provide you Service;
to market service offerings to you related to the Services you purchase; or to protect
you, other Cricket users, Cricket and other carriers from fraud, abuse or unlawful use
of its service. Cricket reserves the right to communicate with you by using prerecorded
messages that are informational or promotional in nature. Cricket also may share such
information with its affiliates, joint venture partners and third-party agents for the limited
purpose of making available to you communications-related offers and information that
may be of interest to you. However, you have the right under federal law to request
Cricket not to disclose your confidential information for this purpose, and Cricket has
the duty to honor any such request. You may “opt out” of disclosure of your CPNI to
Cricket affiliates, joint venture partners and third-party agents for this purpose by going
to www.mycricketdisputeresolution.com . Opting-out will not affect Crickets’ provision
of service to you. Additional provisions regarding our use of CPNI and other subscriber
information is set forth in our Privacy Policy, available at our official website (www.
mycricket.com), which we incorporate herein by reference.
20. Arbitration; Dispute Resolution.
(a) PLEASE READ THIS SECTION CAREFULLY. ARBITRATION MAY LIMIT RIGHTS
YOU MAY HAVE AND PROVIDES FOR RESOLUTION OF MOST DISPUTES
THROUGH ARBITRATION. ARBITRATION IS DIFFERENT FROM COURT; THE
RULES, INCLUDING DISCOVERY, ARE DIFFERENT AND NO JUDGE OR JURY
IS PRESENT AT AN ARBITRATION. THE AWARD IS FINAL AND BINDING AND
SUBJECT ONLY TO VERY LIMITED REVIEW BY A COURT (INCLUDING ATTORNEY’S
FEES). IN ADDITION, YOU AND WE ARE WAIVING RIGHTS TO PARTICIPATE IN
CLASS ACTIONS, INCLUDING WITHOUT LIMITATION CLASS ACTIONS BEGUN
BY OTHERS PRIOR TO THIS AGREEMENT. EVEN IF APPLICABLE LAW PERMITS
CLASS ACTIONS OR CLASS ARBITRATIONS, YOU ARE WAIVING ANY RIGHT TO
PURSUE ANY SUCH CLAIM OR CONTROVERSY AGAINST US (OUR AFFILIATES,
PREDECESSORS OR SUCCESSORS IN INTEREST) ON A CLASS BASIS. WE, IN
TURN, WAIVE ANY RIGHT TO PURSUE ANY SUCH CLAIM OR CONTROVERSY
AGAINST YOU ON A CLASS BASIS.
(b)
You may reject this arbitration clause by sending us a rejection notice (“Rejection
Notice”) within sixty (60) days after the date of your phone activation or our disclosure
of this section to you (“Opt-Out Deadline”) by going to www.mycricketdisputeresolution.
com. Any Rejection Notice received after the Opt-Out Deadline will not be valid and you
must pursue your claim in arbitration of small claims court
(c)
Any past, present or future claim, dispute or controversy (“Claim”) by either you
or us against the other, or against the employees, agents, successors or assigns of
the other, arising from or relating in any way to this Agreement or Services provided
to you under this Agreement, including (without limitation) statutory, tort and contract
Claims and Claims regarding the applicability of this arbitration clause or the validity
of the entire Agreement, shall be resolved, upon the election by you or us, by binding
arbitration. However, a Claim does not include any challenge to the validly and effect of
the Class Action Waiver, as set forth below, which must be determined by a court. The
party filing arbitration must choose one of the following three arbitration administrators:
American Arbitration Association or JAMS. These administrators are independent from
us, and you must follow their rules and procedures for initiating and pursuing arbitration.
If you initiate the arbitration, you must also notify us in writing at the address set forth
in the “Notices and Contact” section above. If we initiate the arbitration, we will notify
you in writing at your then current billing address and send you a text message or (if
your account is closed) the last address at which we contacted you. Any arbitration
hearing that you attend will be held at a place chosen by the arbitrator or arbitration
administrator at the time the claim is filed. We agree that we will not elect to arbitrate an
individual Claim that you bring against us in small claims court or your state’s equivalent
court, if any; however, if that Claim is transferred or appealed to a different court, we
reserve our right to elect arbitration. Unless otherwise provided by applicable law,
neither party has the right to bring a Claim or other legal action under these Terms and
Conditions more than two (2) years after the cause of action arose. We each agree that
the Agreement affects interstate commerce so that the FAA (as defined below) apply
(despite the choice of law provision in Section 21).
3828B-QSG_PILLAR_ES_D1.indd
13-14
3/24/11
2:24 PM