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Arbitration Terms, Process, Rules and Procedures
(1) Unless you and Virgin Mobile 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 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"), the Minimum Standards in that regard will apply. However,
nothing in this paragraph will require or allow you or Virgin Mobile 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 VIRGIN MOBILE 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 Virgin Mobile
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
class proceeding. If any portion of this provision is found to be unenforceable, then
the entirety of this arbitration provision shall be null and void.
(4) We each are responsible for our respective costs, including our respective
counsel, experts, and witnesses. Virgin Mobile will pay for any filing or case
General Terms and Conditions of Service
61
effective 1-17-15

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