HTC 0P9O300, Инструкция по безопасности продукта, Страница: 32 / 35

32 Safety and regulatory guide
98005. Similarly, if HTC intends to seek arbitration
under the preceding paragraph, HTC must first
notify You of the dispute in writing at least 30
days in advance of initiating the arbitration. The
notice must describe the nature of the claim and
the relief being sought. If You and HTC are unable
to resolve the dispute within 30 days, either You
or HTC may then file an arbitration claim. HTC
will pay any filing fee charged to initiate the
arbitration as well as any administrative and
arbitrator fees charged later by the arbitral body,
unless Your claim is found to be frivolous.
The arbitration shall be conducted before a
single arbitrator, whose award may not exceed,
in form or amount, the relief that a United States
District Court could order under the Limited
Warranty. The arbitration shall be according to
the American Arbitration Association Commercial
Arbitration Rules applicable to consumer disputes
(the “AAA Rules”), except insofar as those rules
would be inconsistent with any part of this
Limited Warranty, including without limitation the
agreement to arbitrate. The arbitration shall be
held in the county in which You are billed for Your
wireless service.
For any arbitration in which Your total monetary
claims, exclusive of attorney’s fees and expert
witness fees, are $5,000 or less, the arbitrator
may, if You prevail, award Your reasonable
attorney’s fees and expert witness fees as part of
any award, but may not grant HTC its attorney’s
fees, expert witness fees, or costs unless the
arbitrator finds that You brought the claim in
bad faith or that Your claim is frivolous under
applicable legal standards. For claims of $5,000
or less, You may decide whether You would prefer
to have the arbitration decided based only on
documents submitted to the arbitrator, or by a
hearing in person or by phone. In a case where
Your total monetary claims, exclusive of attorney’s
fees and expert witness fees, are greater than