NETGEAR Sprint 341U Important Information Manual page 38

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
38 General Terms and Conditions of Service
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.
No Trial By Jury and No Class Action
IF FOR ANY REASON A CLAIM ARISING OUT
OF OR RELATING TO THIS AGREEMENT IN ANY
WAY PROCEEDS IN COURT RATHER THAN IN
ARBITRATION, REGARDLESS OF WHETHER THE
CLAIM IS AN ACTION, COUTERCLAIM OR ANY
OTHER COURT PROCEEDING, WE EACH AGREE
THAT TO THE EXTENT ALLOWED BY LAW, THERE WILL
NOT BE A JURY TRIAL OR CLASS ACTION AND WE
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