Samsung Galaxy S III Important Information Manual page 46

DISPUTE RESOLUTION AND
ARBITRATION
PLEASE READ THIS CAREFULLY; IT AFFECTS
YOUR RIGHTS
In those rare instances where your
concern is not resolved to your
satisfaction through calls to our
customer care, you and Sprint each
agree to try to resolve those disputes
in good faith after you provide written
notice of the dispute as set forth below.
If the dispute is not resolved, you and
Sprint agree that the dispute will be
resolved through individual binding
arbitration or small claims court, instead
of courts of general jurisdiction.
90 General Terms and Conditions of Service
Mandatory Arbitration and Waiver of
Class Action
Instead of suing in court, you and
Sprint agree to arbitrate all Disputes (as
defined below) on an individual, non-
representative, basis. You agree that, by
entering into this Agreement, you and
Sprint are waiving the right to a trial by
jury or to participate in a class action or
representative action. This agreement
to arbitrate is intended to be broadly
interpreted.
In arbitration, there is no judge or jury.
Instead Disputes are decided by a neutral
third-party arbitrator in a more informal
process than in court. In arbitration, there
is limited discovery and the arbitrator's
decision is subject to limited review by
courts. However, just as a court would,
the arbitrator must honor the terms of
the Agreement and can award damages
and relief, including any attorneys' fees
authorized by law.
"Disputes" shall include, but are not
limited to, any claims or controversies
against each other related in any way to
or arising out of in any way our Services
or the Agreement, including, but not
limited to, coverage, Devices, billing
services and practices, policies, contract
practices (including enforceability),
service claims, privacy, or advertising,
even if the claim arises after Services
have terminated. Disputes also include,
but are not limited to, claims that: (a)
you or an authorized or unauthorized
user of the Services or Devices bring
against our employees, agents, affiliates,
or other representatives; (b) you bring
against a third party, such as a retailer or
equipment manufacturer, that are based
on, relate to, or arise out of in any way our
v.7-1-13
v.7-1-13
Services or the Agreement; or (c) that
Sprint brings against you. Disputes also
include, but are not limited to, (i) claims
in any way related to or arising out of any
aspect of the relationship between you
and Sprint, whether based in contract,
tort, statute, fraud, misrepresentation,
advertising claims or any other legal
theory; (ii) claims that arose before this
Agreement or out of a prior Agreement
with Sprint; (iii) claims that are subject to
on-going litigation where you are not a
party or class member; and/or (iv) claims
that arise after the termination of this
Agreement.
Dispute Notice and Dispute
Resolution Period
Before initiating an arbitration or a small
claims matter, you and Sprint each agree
to first provide to the other a written
General Terms and Conditions of Service 91