Pantech Sprint PX-500, User Manual

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A single arbitrator engaged in the practice of law will conduct the
arbitration. The arbitration will be filed with and the arbitrator will be
selected according to the rules of either JAMS or the National Arbitration
Forum (
“
NAF
”
), or, alternatively, as we may mutually agree. We agree to act
in good faith in selecting an arbitrator. The arbitration will be conducted by
and under the then-applicable rules of JAMS or NAF, wherever the
arbitration is filed or, if the arbitrator is chosen by mutual agreement of the
parties, the then-applicable rules of JAMS will apply unless the parties
agree otherwise. All expedited procedures prescribed by the applicable
rules will apply. We agree to pay our respective arbitration costs, except as
otherwise required by rules of JAMS or NAF, as applicable, but the arbitrator
can apportion these costs as appropriate. The arbitrator’s decision and
award is final and binding, and judgment on the award may be entered in
any court with jurisdiction.
If any party files a judicial or administrative action asserting a claim that is
subject to arbitration and another party successfully stays such action or
compels arbitration, the party filing that action must pay the other party’s
costs and expenses incurred in seeking such stay or compelling arbitration,
including attorneys’ fees.
If any portion of this Mandatory Arbitration of Disputes section is
determined to be invalid or unenforceable, the remainder of the Section
remains in full force and effect.
Miscellaneous.
You may notify us by calling us at
1-888-211-4PCS
, or
use that number to get our current address for written notice. We may send
you notice to your last known address in our invoicing records, or by calling
leaving you a voice message on your wireless device or home phone.
Properly addressed written notice is effective three days after deposit in the
U.S. mail, postage prepaid. This Agreement is governed by and must be
construed under federal law and the laws of the State of Kansas, without
regard to choice of law principles. If either of us waives or fails to enforce
any requirement under this Agreement in any one instance, that does not
waive our right to later enforce that requirement. If any part of this
104 Section 5B: Terms and Conditions