Samsung Galaxy Note Edge, Important Information Manual

Page: 53 / 62

52 General Terms and Conditions of Service
v.7-1-13 v.7-1-13
General Terms and Conditions of Service 53
a court (and not the arbitrator) shall decide
any disagreements regarding the scope and
enforceability of this agreement to arbitrate.
(2) The Federal Arbitration Act (“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. To the
extent that this agreement to arbitrate
conflicts with the JAMS Policy on Consumer
Arbitrations Pursuant to Pre-Dispute Clauses
Minimum Standards for Procedural Fairness
(the “Minimum Standards”), the Minimum
Standards in that regard will apply. However,
nothing in this paragraph will require or allow
you or Sprint to arbitrate on a class-wide,
representative or consolidated basis.
(3) The arbitrator may award declaratory or
injunctive relief only in favor of the individual
party seeking relief and only to the extent
necessary to provide relief warranted by that
party’s individual claim. YOU AND SPRINT
AGREE THAT EACH 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