HTC 8XT Important Information Manual - Page 23

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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

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

v.7-1-13

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