Motorola PHOTON Q 4G LTE Important Information Manual page 66

Photon q - legal guide
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(3) The 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.
(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 Service.
(5) The arbitration will be governed and conducted
by (a) a neutral third party arbitrator selected by
each of us and based upon rules mutually agreed
to by each of us or (b) JAMS. The JAMS rules,
including rules about the selection of an arbitrator,
filing, administration, discovery, and arbitrator fees,
will be conducted under JAMS Comprehensive
Arbitration Rules & Procedures. The JAMS rules are
available on its website at www.jamsadr.com . To the
extent that this "Dispute Resolution" section conflicts
with JAMS's minimum standards for procedural
66
General Terms and Conditions of Service
fairness, the JAMS's rules or minimum standards for
arbitration procedures in that regard will apply.
However, nothing in this paragraph will require or
allow us or you to arbitrate on a class-wide or
consolidated basis.
(6) WE EACH AGREE THAT WE WILL ONLY
PURSUE ARBITRATION ON AN INDIVIDUAL BASIS
AND WILL NOT PURSUE ARBITRATION ON A
CLASS-WIDE OR CONSOLIDATED BASIS. We each
agree that any arbitration will be solely between you
and Sprint (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.
(7) We each are responsible for our respective costs
relating to counsel, experts, and witnesses, as well
as any other costs relating to arbitration. However,
v.9-9-11

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