Samsung Galaxy S III Important Information Manual page 47

notice ("Notice of Dispute"), which shall
contain: (a) a written description of
the problem and relevant documents
and supporting information; and (b) a
statement of the specific relief sought.
A Notice of Dispute to Sprint should be
sent to: General Counsel; Arbitration
Office; 12502 Sunrise Valley Drive,
Mailstop VARESA0202-2C682; Reston,
Virginia 20191. Sprint will provide a
Notice of Dispute to you in accordance
with the "Providing Notice To Each
Other Under The Agreement" section
of this Agreement. Sprint will assign a
representative to work with you and try to
resolve your Dispute to your satisfaction.
You and Sprint 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
92 General Terms and Conditions of Service
the Notice of Dispute, you or Sprint may
commence an arbitration proceeding or
small claims action.
Arbitration Terms, Process, Rules
and Procedures
(1) Unless you and Sprint 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 the
rules about the filing, administration,
discovery and arbitrator fees. The
JAMS rules are available on its website
at jamsadr.com. Notwithstanding any
v.7-1-13
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 Pre-Dispute Clauses
Minimum Standards for Procedural
Fairness (the "Minimum Standards"),
General Terms and Conditions of Service
v.7-1-13
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
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