Blackberry Curve 9330 Manual page 74

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
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/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.
(7) We each are responsible for our respective costs relating to counsel, experts, and witnesses, as well
as any other costs relating to the arbitration. However, we will cover any arbitration administrative or filing
fees above: (a) $25 if you are seeking less than $1,000 from us; or (b) the equivalent court filing fees for
a court action in the appropriate jurisdiction if you are seeking $1,000 or more from us.
Exceptions To Our Agreement To Arbitrate Disputes
Either of us may bring qualifying claims in small claims court. In addition, this arbitration provision does not
prevent you from filing your dispute with any federal, state or local government agency that can, if the law
allows, seek relief against us on your behalf.
70 Service Agreement: General Terms and Conditions of Service
– this includes claims you bring against our employees, agents,