Table of Contents
Advertisement
COURT ACTION FILED IN THE JURISDICTION
WHERE CUSTOMER'S BILLING ADDRESS IS
LOCATED. CUSTOMER AND SPRINT SHALL
EACH BEAR THE EXPENSES OF THEIR OWN
COUNSEL, EXPERTS, WITNESSES AND THE
PREPARATION AND PRESENTATION OF
EVIDENCE IN CONNECTION WITH ANY
ARBITRATION.
Waiver of Jury Trial and Class Actions. BY
ENTERING INTO THIS AGREEMENT,
CUSTOMER AND SPRINT ACKNOWLEDGE AND
AGREE TO WAIVE CERTAIN RIGHTS TO
LITIGATE DISPUTES IN COURT, TO RECEIVE A
JURY TRIAL OR TO PARTICIPATE AS A
PLAINTIFF OR AS A CLASS MEMBER IN ANY
CLAIM ON A CLASS OR CONSOLIDATED BASIS
OR IN A REPRESENTATIVE CAPACITY.
CUSTOMER AND SPRINT BOTH AGREE THAT
ANY ARBITRATION WILL BE CONDUCTED ON
AN INDIVIDUAL AND NOT ON A
CONSOLIDATED, CLASS-WIDE OR
REPRESENTATIVE BASIS AND THAT IF
ARBITRATION IS NOT CONDUCTED ON AN
INDIVIDUAL BASIS, THIS SECTION 16 SHALL
BE DEEMED NULL AND VOID. THE
ARBITRATOR MAY AWARD 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. IF FOR ANY REASON THE
ARBITRATION CLAUSE SET FORTH IN THIS
AGREEMENT IS DEEMED INAPPLICABLE OR
INVALID, OR TO THE EXTENT THE
ARBITRATION CLAUSE ALLOWS FOR
LITIGATION OF DISPUTES IN COURT,
CUSTOMER AND SPRINT BOTH WAIVE, TO
THE FULLEST EXTENT ALLOWED BY LAW,
ANY RIGHT TO PURSUE OR PARTICIPATE AS
A PLAINTIFF OR AS A CLASS MEMBER IN ANY
CLAIM ON A CLASS OR CONSOLIDATED BASIS
OR IN A REPRESENTATIVE CAPACITY.
17 MISCELLANEOUS.
Assignment. Customer may not assign all or any
part of this Agreement (including any of its rights
and duties under the Agreement) or sell or lease
the Service to others without Sprint's prior written
consent. Sprint may assign all or any part of this
Agreement to any successor or any other entity
capable of performing Sprint's obligations under
this Agreement without obtaining Customer's
consent or providing notice to Customer. Sprint
shall be released from all liability upon assignment
of this Agreement. Customer shall continue to be
bound by the terms of this Agreement following
assignment.
185
Advertisement
Table of Contents
