LG Sprint LS995 User Manual page 226

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.
(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 SPRINT 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
Sprint 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. Sprint will pay for any filing or case management fees associated with the
arbitration and the professional fees for the arbitrator's services.
(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 Sprint on your behalf.
Important Information for the LS995 213