management fees associated with the arbitration and the professional fees for the
(5) An arbitrator's award will be a written statement of the disposition of each claim
and will also provide a concise written statement of the essential findings and
conclusions which form the basis of the award. The arbitrator's decision and award
is final and binding, with some limited court review under the FAA, and judgment on
the award may be entered in any court with jurisdiction.
(6) As an alternative to arbitration, we may resolve Disputes in small claims court
in the county of your most recent billing address. In addition, this arbitration
agreement does not prevent you from bringing your Dispute to the attention of any
federal, state, or local government agency. Such agencies can, if the law allows,
seek relief against Virgin Mobile on your behalf.
No Trial By Jury and No Class Actions
IF FOR ANY REASON A CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT
IN ANY WAY PROCEEDS IN COURT RATHER THAN IN ARBITRATION, REGARDLESS
OF WHETHER THE CLAIM IS AN ACTION, COUTERCLAIM OR ANY OTHER COURT
PROCEEDING, WE EACH AGREE THAT TO THE EXTENT ALLOWED BY LAW, THERE
WILL NOT BE A JURY TRIAL OR CLASS ACTION AND WE EACH UNCONDITIONALLY
(1) WAIVE ANY RIGHT TO TRIAL BY JURY AND (2) WAIVE ANY RIGHT TO PURSUE
DISPUTES ON A CLASSWIDE BASIS, INCLUDING JOINING A CLAIM WITH THE CLAIM
OF ANY OTHER PERSON OR ENTITY OR ASSERT A CLAIM IN A REPRESENTATIVE
CAPACTITY ON BEHALF OF ANYONE ELSE IN ANY OTHER PROCEEDING.
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