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You Agree That Our Liability Is Limited – No
Consequential Damages
TO THE EXTENT ALLOWED BY LAW, OUR LIABILITY FOR MONETARY DAMAGES FOR
ANY CLAIMS THAT YOU MAY HAVE AGAINST US IS LIMITED TO NO MORE THAN
THE PROPORTIONATE AMOUNT OF THE SERVICE CHARGES ATTRIBUTABLE TO
THE AFFECTED PERIOD. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY
INCIDENTAL, CONSEQUENTIAL, PUNITIVE, MULTIPLE, OR SPECIAL DAMAGES OF
ANY NATURE WHATSOEVER ARISING OUT OF OR RELATED TO PROVIDING OR
FAILING TO PROVIDE SERVICES IN CONNECTION WITH A DEVICE, INCLUDING, BUT
NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT
PRODUCTS AND SERVICES.
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 Virgin Mobile 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 Virgin Mobile agree that the dispute will
be resolved through individual binding arbitration or small claims court, instead of
courts of general jurisdiction.
Mandatory Arbitration and Waiver of Class Action
Instead of suing in court, you and Virgin Mobile agree to arbitrate all Disputes
(as defined below) on an individual, non-representative, basis. You agree that,
by entering into this Agreement, you and Virgin Mobile 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.
effective 1-17-15
General Terms and Conditions of Service
59

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