LG Sprint LS992 User Manual page 168

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.
"Disputes" shall include, but are not limited to, any claims or controversies against each other related in
any way to or arising out of in any way our Services or the Agreement, including, but not limited to,
coverage, Devices, billing services and practices, policies, contract practices (including enforceability),
service claims, privacy, or advertising, even if the claim arises after Services have terminated. Disputes
also include, but are not limited to, claims that: (a) you or an authorized or unauthorized user of the
Services or Devices bring against our employees, agents, affiliates, or other representatives; (b) you bring
against a third party, such as a retailer or equipment manufacturer, that are based on, relate to, or arise
out of in any way our Services or the Agreement; or (c) that Sprint brings against you. Disputes also
include, but are not limited to, (i) claims in any way related to or arising out of any aspect of the
relationship between you and Sprint, whether based in contract, tort, statute, fraud, misrepresentation,
advertising claims or any other legal theory; (ii) claims that arose before this Agreement or out of a prior
Agreement with Sprint; (iii) claims that are subject to on-going litigation where you are not a party or class
member; and/or (iv) claims that arise after the termination of this Agreement.
Dispute Notice and Dispute Resolution Period
Before initiating an arbitration or a small claims matter, you and Sprint each agree to first provide to the
other a written notice ("Notice of Dispute"), which shall contain: (a) a written description of the problem
and relevant documents and supporting information; and (b) a statement of the specific relief sought. A
Notice of Dispute to Sprint should be sent to: General Counsel; Arbitration Office; 12502 Sunrise Valley
Drive, Mailstop VARESA0202-2C682; Reston, Virginia 20191. Sprint will provide a Notice of Dispute to
you in accordance with the "Providing Notice To Each Other Under The Agreement" section of this
Agreement. Sprint will assign a representative to work with you and try to resolve your Dispute to your
satisfaction. You and Sprint agree to make attempts to resolve the Dispute prior to commencing an
arbitration or small claims action. If an agreement cannot be reached within forty-five (45) days of receipt
of the Notice of Dispute, you or Sprint may commence an arbitration proceeding or small claims action.
Arbitration Terms, Process, Rules and Procedures
(1) Unless you and Sprint 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 Sprint to arbitrate on a class-wide, representative or consolidated basis.
Important Information for the LG LS992 157