Samsung SPH-I500 User Manual page 87

Samsung sph-i500: user guide
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GOVERNS THE QUESTION OF WHETHER A CLAIM IS SUBJECT
TO ARBITRATION. 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
You may get our current address for written notice by 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
Section 14
Terms and Conditions & Warranty Information
81

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