Virgin LS620, Руководство пользователя

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IMPORTANT INFORMATION FOR THE LG LS620 178
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 Virgin Mobile to arbitrate
on a classwide, 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 VIRGIN MOBILE 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 Virgin Mobile expressly agree otherwise, the arbitrator may not consolidate more
t
han 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. Virgin Mobile will pay for any filing or case management fees associated with the
arbitration and the professional fees for the
arbitrator‘s services.
(5) An arbitrator‘s award will be a written statement of the disposition of each claim and will also
provide a concise written statement of the essential findings and conclusions which form the
basis of the award. The arbitrator‘s decision and award is final and binding, with some limited
court review under the FAA, and judgment on the award may be entered in any court with
jurisdiction.
(6) As an alternative to arbitration, we may resolve Disputes in small claims court in the county
of your most recent billing address. In addition, this arbitration agreement does not prevent you
from bringing your Dispute to the attention of any federal, state, or local government agency.
Such agencies can, if the law allows, seek relief against Virgin Mobile on your behalf.
No Trial By Jury and No Class Actions
IF FOR ANY REASON A CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN
ANY WAY PROCEEDS IN COURT RATHER THAN IN ARBITRATION, REGARDLESS OF
WHETHER THE CLAIM IS AN ACTION, COUTERCLAIM OR ANY OTHER COURT
PROCEEDING, WE EACH AGREE THAT TO THE EXTENT ALLOWED BY LAW, THERE
WILL NOT BE A JURY TRIAL OR CLASS ACTION AND WE EACH UNCONDITIONALLY (1)
WAIVE ANY RIGHT TO TRIAL BY JURY AND (2) WAIVE ANY RIGHT TO PURSUE
DISPUTES ON A CLASSWIDE BASIS, INCLUDING JOINING A CLAIM WITH THE CLAIM OF
ANY OTHER PERSON OR ENTITY OR ASSERT A CLAIM IN A REPRESENTATIVE
CAPACTITY ON BEHALF OF ANYONE ELSE IN ANY OTHER PROCEEDING.