Samsung SPH-A600 User Manual page 76

Basics
HOWEVER, NOTHING CONTAINED IN THIS ARBITRATION
PROVISION SHALL PRECLUDE THE CUSTOMER FROM RESOLVING
ANY CLAIM, CONTROVERSY OR DISPUTE IN SMALL CLAIMS
COURT HE OR SHE OTHERWISE WOULD HAVE THE RIGHT
TO PURSUE.
A single arbitrator engaged in the practice of law will conduct the
arbitration. The arbitrator will be selected according to the rules of
the American Arbitration Association or JAMS or, alternatively, may
be selected by agreement of the parties, who shall cooperate in good
faith to select the arbitrator. The arbitration will be conducted by,
and under the then-applicable rules of American Arbitration
Association or JAMS, as applicable. All expedited procedures
prescribed by the applicable rules will apply. Any required hearing
fees and costs shall be paid by the parties as required by the
applicable rules or as required by applicable law, but the arbitrator
shall have the power to apportion such costs as the arbitrator deems
appropriate.
The arbitrator's decision and award will be final and binding, and
judgment on the award rendered by the arbitrator may be entered in
any court with jurisdiction.
If any party files a judicial or administrative action asserting a claim
that is subject to arbitration and another party successfully stays such
action or compels arbitration, the party filing that action must pay
the other party's costs and expenses incurred in seeking such stay or
compelling arbitration, including attorney's fees.
Notices.
calling PCS Customer Service Solutions. Written notice to you is sent
to your last known address in our invoicing records. Written notice is
deemed delivered 3 days after deposit in the U.S. mail, postage
prepaid, and properly addressed. Unless required by this Agreement
or Applicable Laws, (1) you may notify us by calling PCS Customer
Service Solutions, and (2) we may notify you by leaving a message for
you on your PCS Phone, answering machine or with your answering
service. Notice addresses may be changed by giving notice as
provided in this section.
70
You may get our current address for written notice by