HTC 8XT 중요 정보 매뉴얼 - 페이지 23
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HTC 8XT에 대해서도 마찬가지입니다: 빠른 시작 매뉴얼 (37 페이지)
related in any way to or arising out of in any way
our Services or the Agreement, including, but not
limited to, coverage, Devices, billing services and
practices, policies, contract practices (including
enforceability), service claims, privacy, or
advertising, even if the claim arises after Services
have terminated. Disputes also include, but are not
limited to, claims that: (a) you or an authorized or
unauthorized user of the Services or Devices bring
against our employees, agents, affiliates, or other
representatives; (b) you bring against a third party,
such as a retailer or equipment manufacturer, that
are based on, relate to, or arise out of in any way our
Services or the Agreement; or (c) that Sprint brings
against you. Disputes also include, but are not
limited to, (i) claims in any way related to or arising
out of any aspect of the relationship between you
and Sprint, whether based in contract, tort, statute,
fraud, misrepresentation, advertising claims or any
other legal theory; (ii) claims that arose before this
Agreement or out of a prior Agreement with Sprint;
(iii) claims that are subject to on-going litigation
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General Terms and Conditions of Service
where you are not a party or class member; and/
or (iv) claims that arise after the termination of this
Agreement.
Dispute Notice and Dispute Resolution Period
Before initiating an arbitration or a small claims
matter, you and Sprint each agree to first provide
to the other a written notice ("Notice of Dispute"),
which shall contain: (a) a written description of the
problem and relevant documents and supporting
information; and (b) a statement of the specific relief
sought. A Notice of Dispute to Sprint should be
sent to: General Counsel; Arbitration Office; 12502
Sunrise Valley Drive, Mailstop VARESA0202-2C682;
Reston, Virginia 20191. Sprint will provide a Notice
of Dispute to you in accordance with the "Providing
Notice To Each Other Under The Agreement" section
of this Agreement. Sprint will assign a representative
to work with you and try to resolve your Dispute
to your satisfaction. You and Sprint agree to
make attempts to resolve the Dispute prior to
commencing an arbitration or small claims action.
If an agreement cannot be reached within forty-five
(45) days of receipt of the Notice of Dispute, you or
Sprint may commence an arbitration proceeding or
small claims action.
Arbitration Terms, Process, Rules and Procedures
(1) Unless you and Sprint agree otherwise, the
arbitration will be conducted by a single, neutral
arbitrator and will take place in the county of the last
billing address of the Service. The arbitration will
be governed by either: (a) rules that we mutually
agree upon; or (b) the JAMS Comprehensive
Arbitration Rules & Procedures (the "JAMS Rules"),
as modified by this agreement to arbitrate, including
the rules about the filing, administration, discovery
and arbitrator fees. The JAMS rules are available on
its website at jamsadr.com. Notwithstanding any
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
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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
General Terms and Conditions of Service
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