Motorola i860 User Manual page 166

Boost Mobile TM Terms and Conditions of Service
SUBJECT TO ONLY VERY LIMITED REVIEW BY A
COURT. THIS ARBITRATION CLAUSE SHALL
SURVIVE TERMINATION OR EXPIRATION OF
THIS AGREEMENT.
A. ARBITRATION PROCEDURES. YOU MUST
FIRST PRESENT ANY CLAIM OR DISPUTE TO
US BY CONTACTING BOOST MOBILE
CUSTOMER CARE, IN WRITING, TO ALLOW
US THE OPPURTUNITY TO RESOLVE THE
DISPUTE. You may invoke arbitration if your
claim or dispute is not resolved within 60 days
after we receive your detailed written description
of the dispute or claim and the circumstances
giving rise to it. The arbitration of any dispute or
claim shall be conducted in accordance with the
Wireless Industry Arbitration rules ("WIA Rules")
of the American Arbitration Association ("AAA"),
as modified by this Agreement. You and we
agree that this Agreement evidences a
transaction in interstate commerce and the
arbitration will be interpreted and enforced in
accordance with the WIA Rules and the laws of
the Commonwealth of Virginia. The arbitration
will be conducted at a location in Reston, Virginia,
to be designated by the Company.
B. COST OF ARBITRATION. All administrative
fees and expenses of an Arbitration will be
divided equally between you and Company. In all
arbitrations, each party will bear the expense of
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its own counsel, experts, witnesses and
preparation and presentation of evidence at the
arbitration.
C. WAIVER OF PUNITIVE DAMAGE CLAIMS
AND CLASS ACTION. By this Agreement, both
Customer and Company are waiving certain
rights to litigate disputes in court. If for any
reason the arbitration clause is deemed
inapplicable or invalid, Customer and Company
both waive, to the fullest extent allowed by law,
any right we might otherwise have to recover
punitive or exemplary damages and any right to
pursue any claims on a class or consolidated
basis or in a representative capacity.
16. COMPLETE
AGREEMENT/SEVERABILITY/WAIVER – This
Agreement sets forth all of the agreements between
the parties concerning the Services and purchase of
the Equipment, and there are no oral or written
agreements between them other than as set forth in
this Agreement. No amendment or addition to this
Agreement shall be binding upon this Company
unless it is in writing and signed by both parties
(and, in the case of the Company, by an officer of
the Company). Should any provision of this
Agreement be found illegal or in contravention of the
law, such provision shall be considered null and void
but the remainder of this Agreement shall not be
affected thereby. The failure of Company, at any