Blackberry 7130E Getting Started Manual page 57

YOU AND SPRINT FURTHER AGREE THAT NEITHER SPRINT NOR YOU WILL
JOIN ANY CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A
LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO CLAIM EITHER
SPRINT OR YOU HAS AGAINST THE OTHER SHALL BE RESOLVED ON A
CLASS-WIDE BASIS; AND THAT NEITHER SPRINT NOR YOU WILL ASSERT A
CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE. IF
FOR ANY REASON THIS ARBITRATION PROVISION DOES NOT APPLY TO A
CLAIM, WE AGREE TO WAIVE TRIAL BY JURY.
A single arbitrator engaged in the practice of law will conduct the
arbitration. The arbitration will be filed with and the arbitrator will be
selected according to the rules of either JAMS or the National Arbitration
Forum ("NAF"), or, alternatively, as we may mutually agree. We agree to act
in good faith in selecting an arbitrator. The arbitration will be conducted by
and under the then-applicable rules of JAMS or NAF, wherever the
arbitration is filed or, if the arbitrator is chosen by mutual agreement of
the parties, the then-applicable rules of JAMS will apply unless the parties
agree otherwise. All expedited procedures prescribed by the applicable
rules will apply. We agree to pay our respective arbitration costs, except as
otherwise required by rules of JAMS or NAF, as applicable, but the
arbitrator can apportion these costs as appropriate. The arbitrator's
decision and award is final and binding, and judgment on the award may
be entered in any court with jurisdiction.
If any party files a judicial or administrative action asserting a claim that is
subject to arbitration and another party successfully stays such action or
compels arbitration, the party filing that action must pay the other party's
costs and expenses incurred in seeking such stay or compelling arbitration,
including attorneys' fees.
If any portion of this Mandatory Arbitration of Disputes section is
determined to be invalid or unenforceable, the remainder of the Section
remains in full force and effect.
52 Terms and Conditions of Services