Samsung Galaxy TAB4, Important Information Manual

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v.7-1-13
General Terms and Conditions of Service 47
46 General Terms and Conditions of Service
v.7-1-13
JAMS Rule to the contrary or any other
provision in arbitration rules chosen, by
agreement, to govern the arbitration, we
each agree that all issues regarding the
Dispute are delegated to the arbitrator
to decide, except that only 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