And Procedures - Samsung Galaxy S 5 Important Information Manual

Virgin Mobile agree to make attempts to
resolve the Dispute prior to commencing
an arbitration or small claims action. If
an agreement cannot be reached within
forty-five (45) days of receipt of the Notice
of Dispute, you or Virgin Mobile may
commence an arbitration proceeding or
small claims action.
Arbitration Terms, Process, Rules

and Procedures

(1) Unless you and Virgin Mobile 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
42 General Terms and Conditions of Service
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
effective 8-1-13