Section 1, page 52
SEND A WRITTEN DESCRIPTION OF YOUR CLAIM TO OUR REGISTERED
AGENT (See Sec. 22). IF YOU DO NOT REACH AGREEMENT WITH US WITHIN
30 DAYS, INSTEAD OF SUING IN COURT, YOU AGREE THAT ANY CLAIM MUST
BE SUBMITTED TO FINAL, BINDING ARBITRATION WITH THE AMERICAN
ARBITRATION ASSOCIATION (“AAA”) UNDER ITS PUBLISHED WIRELESS
INDUSTRY ARBITRATION RULES, WHICH ARE A PART OF THE AGREEMENT
BY THIS REFERENCE AND ARE AVAILABLE BY CALLING THE AAA AT 800-778-
7879 OR VISITING ITS WEB SITE AT www.adr.org. You must serve our registered
agent (See Sec. 22) with a notice of an arbitration in order to begin an arbitration.
This agreement to arbitrate extends to claims that you assert against other parties,
including without limit equipment manufacturers and dealers, if you also assert claims
against us in the same proceeding. The Agreement involves interstate commerce
and despite the choice of law provision in Sec. 25, the Federal Arbitration Act and
federal arbitration law govern arbitrations under the Agreement. An arbitrator may
only award as much relief as a court having jurisdiction in the place of arbitration,
limited to the same extent that a court would limit such relief and consistent with the
provisions of the Agreement. An arbitrator may order injunctive or declaratory relief
(so long as that injunctive or declaratory relief does not apply beyond your dealings
with us) or summary judgment under applicable law. AAA has a fee schedule for
arbitrations. You will pay your share of the arbitrator’s fees except: (a) for claims less
than $25, we will pay all arbitrator’s fees and (b) for claims between $25 and $1000,
you will pay $25 for the arbitrator’s fee. You and we agree to pay our own other fees,
costs and expenses including those for counsel, experts, and witnesses. Visit www.
adr.org arbitrator fee information in hardship circumstances.
Neither you nor we may be a representative of other potential claimants or a class
of potential claimants in any dispute, nor may two or more individuals’ disputes be
consolidated or otherwise determined in one proceeding. While the prohibition
on consolidated or classwide proceedings in this Sec. 3 will continue to apply:
(a) you may take claims to small claims court, if they qualify for hearing by such
court and (b) if you fail to timely pay amounts due, we may assign your account
for collection and the collection agency may pursue such claims in court limited
strictly to the collection of the past due debt and any interest or cost of collection
permitted by law or the Agreement. YOU AND WE ACKNOWLEDGE AND AGREE
THAT THIS SEC. 3 WAIVES ANY RIGHT TO A JURY TRIAL OR PARTICIPATION AS
A PLAINTIFF OR AS A CLASS MEMBER IN A CLASS ACTION. IF A COURT OR
ARBITRATOR DETERMINES THAT YOUR WAIVER OF YOUR ABILITY TO PURSUE
CLASS OR REPRESENTATIVE CLAIMS IS UNENFORCEABLE, THE ARBITRATION
AGREEMENT WILL NOT APPLY AND OUR DISPUTE WILL BE RESOLVED BY
A COURT OF APPROPRIATE JURISDICTION, OTHER THAN A SMALL CLAIMS
Summary of Contents for MDA
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