Samsung PM-A740 User Manual

Contents

67Safety/Terms & ConditionsFROM BRINGING APPROPRIATE CLAIMS IN SMALL CLAIMS COURT,BEFORE THE FEDERAL COMMUNICATIONS COMMISSION OR ASTATE PUBLIC UTILITIES COMMISSION.YOU AND SPRINT FURTHER AGREE THAT NEITHER SPRINT NORYOU WILL JOIN ANY CLAIM WITH THE CLAIM OF ANY OTHERPERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHERPROCEEDING; THAT NO CLAIM EITHER SPRINT OR YOU HASAGAINST THE OTHER SHALL BE RESOLVED ON A CLASS-WIDEBASIS; AND THAT NEITHER SPRINT NOR YOU WILL ASSERT ACLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONEELSE. IF FOR ANY REASON THIS ARBITRATION PROVISION DOESNOT APPLY TO A CLAIM, WE AGREE TO WAIVE TRIAL BY JURY.A single arbitrator engaged in the practice of law will conduct thearbitration. The arbitration will be filed with and the arbitrator willbe selected according to the rules of either JAMS or the NationalArbitration Forum ("NAF"), or, alternatively, as we may mutuallyagree. We agree to act in good faith in selecting an arbitrator. Thearbitration will be conducted by and under the then-applicable rulesof JAMS or NAF, wherever the arbitration is filed or, if the arbitrator ischosen by mutual agreement of the parties, the then-applicable rulesof JAMS will apply unless the parties agree otherwise. All expeditedprocedures prescribed by the applicable rules will apply. We agree topay our respective arbitration costs, except as otherwise required byrules of JAMS or NAF, as applicable, but the arbitrator can apportionthese costs as appropriate. The arbitrator's decision and award is finaland binding, and judgment on the award may be entered in any courtwith jurisdiction.If any party files a judicial or administrative action asserting a claimthat is subject to arbitration and another party successfully stays suchaction or compels arbitration, the party filing that action must paythe other party's costs and expenses incurred in seeking such stay orcompelling arbitration, including attorneys' fees.If any portion of this Mandatory Arbitration of Disputes section isdetermined to be invalid or unenforceable, the remainder of theSection remains in full force and effect.