Motorola XPRT Important Information Manual page 36

DISPUTE RESOLUTION
We Agree To First Contact Each Other With Any Disputes
We each agree to first contact each other with any disputes and
provide a written description of the problem, all relevant
documents/information and the proposed resolution. We agree
to contact each other as described in the Providing Notice to
Each Other Under The Agreement section of the Ts&Cs.
Instead Of Suing In Court, We Each Agree To Arbitrate Disputes
We each agree to finally settle all disputes (as defined and
subject to any specific exceptions below) only by arbitration. In
arbitration, there's no judge or jury and review is limited. However,
just as a court would, the arbitrator must honor the terms and
limitations in the Agreement and can award the same damages
and relief, including any attorney's fees authorized by law. The
arbitrator's decision and award is final and binding, with some
exceptions under the Federal Arbitration Act ("FAA"), and
judgment on the award may be entered in any court with
jurisdiction. We each also agree as follows:
(1) "Disputes" are any claims or controversies against each other
related in any way to our Services or the Agreement, including,
but not limited to, coverage, Devices, privacy, or advertising, even
if it arises after Services have terminated – this includes claims
you bring against our employees, agents, affiliates or other
representatives, or that we bring against you.
(2) If either of us wants to arbitrate a dispute, we agree to send
written notice to the other providing a description of the dispute,
previous efforts to resolve the dispute, all supporting documents/
36 Sprint Service Agreement: General Terms and Conditions of Service
information, and the proposed resolution. Notice to you will be
sent as described in the Providing Notice to Each Other Under
The Agreement section of the Ts&Cs and notice to us will be sent
to: General Counsel; Arbitration Office; 2001 Edmund Halley
Drive VARESP0513-502; Reston, Virginia 20191. We agree to
make attempts to resolve the dispute. If we cannot resolve the
dispute within forty-five (45) days of receipt of the notice to
arbitrate, then we may submit the dispute to formal arbitration.
(3) The FAA applies to this Agreement and arbitration provision.
We each agree the FAA's provisions, not state law, govern all
questions of whether a dispute is subject to arbitration.
(4) Unless we each 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 Device. We will agree on
the arbitrator, and if we cannot agree, then the arbitrator will be
appointed by the court as provided by the FAA.
(5) The arbitration will be governed by the arbitration rules
selected by the Arbitrator. The federal or state law that applies to
the Agreement will also apply during the arbitration.
(6) We each agree not to pursue arbitration on a classwide basis.
We each agree that any arbitration will be solely between you and
us (not brought on behalf of or together with another individual's
claim). If for any reason any court or arbitrator holds that this
restriction is unconscionable or unenforceable, then our
agreement to arbitrate doesn't apply and the dispute must be
brought in court.
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