Motorola i285 - Manual (Page 109)

101
of any statutes, ordinances or laws of any local,
state, or federal public authority. The terms of this
Section 14 will survive any termination or
expiration of this Agreement
15. RESOLUTION OF DISPUTES -. PLEASE
READ THIS SECTION CAREFULLY. IT
AFFECTS RIGHTS THAT YOU MAY
OTHERWISE HAVE. IT PROVIDES FOR
RESOLUTION OF MOST DISPUTES THROUGH
ARBITRATION INSTEAD OF COURT TRIALS
AND CLASS ACTIONS. ARBITRATION IS FINAL
AND BINDING AND SUBJECT TO ONLY VERY
LIMITED REVIEW BY A COURT. THIS
ARBITRATION CLAUSE SHALL SURVIVE
TERMINATION OR EXPIRATION OF THIS
AGREEMENT.
A. ARBITRATION PROCEDURES. YOU
MUST FIRST PRESENT ANY CLAIM OR
DISPUTE TO US BY CONTACTING BOOST
MOBILE CUSTOMER CARE, IN WRITING, TO
ALLOW US THE OPPURTUNITY TO
RESOLVE THE DISPUTE. You may invoke
arbitration if your claim or dispute is not resolved
within 60 days after we receive your detailed
written description of the dispute or claim and
the circumstances giving rise to it. The
arbitration of any dispute or claim shall be
conducted in accordance with the Wireless
Industry Arbitration rules (“WIA Rules”) of the
American Arbitration Association (“AAA”), as
modified by this Agreement. You and we agree
that this Agreement evidences a transaction in
interstate commerce and the arbitration will be
interpreted and enforced in accordance with the
WIA Rules and the laws of the Commonwealth
of Virginia. The arbitration will be conducted at a
location in Reston, Virginia, to be designated by
the Company.
B. COST OF ARBITRATION. All administrative
fees and expenses of an Arbitration will be
divided equally between you and Company. In
all arbitrations, each party will bear the expense
of its own counsel, experts, witnesses and
preparation and presentation of evidence at the
arbitration.
C. WAIVER OF PUNITIVE DAMAGE CLAIMS
AND CLASS ACTION. By this Agreement, both
Customer and Company are waiving certain
rights to litigate disputes in court. If for any
reason the arbitration clause is deemed
inapplicable or invalid, Customer and Company
both waive, to the fullest extent allowed by law,
any right we might otherwise have to recover
punitive or exemplary damages and any right to
pursue any claims on a class or consolidated
basis or in a representative capacity.