No Trial By Jury And No Class Action; Indemnification - LG LS991 User Manual

(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 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 A CLASSWIDE BASIS, INCLUDING JOINING A
CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERT A CLAIM IN A
REPRESENTATIVE CAPACTITY ON BEHALF OF ANYONE ELSE IN ANY OTHER PROCEEDING.

Indemnification

You agree to indemnify, defend, and hold Sprint and our subsidiaries, affiliates, parent companies,
vendors, suppliers, and licensors harmless from any claims arising out of or relating to your actions,
including, but not limited to, your use of the Service and any information you submit, post, transmit, or
make available via the Service; failing to provide appropriate notices regarding location-enabled services
(see ―Location-Enabled Services‖ section); failure to safeguard your passwords, backup question to your
shared secret question, or other account information; or violating this Agreement or any policy referenced
in this Agreement, any applicable law or regulation, or the rights of any third party.
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