Exceptions to our agreement to arbitrate disputes – Sprint Nextel 595U User Manual

Page 157

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Section 6B: Terms and Conditions

149

(5) Unless we each agree otherwise, the Arbitration will be conducted by a single
neutral arbitrator and will take place in the county of your last billing address. The
federal or state law that applies to the Agreement will also apply during the
arbitration.

(6) We each agree not to pursue arbitration on a classwide basis. We each agree that
any arbitration will be solely between you and us (not brought on behalf of or together
with another individual’s claim). If for any reason any court or arbitrator holds that this
restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t
apply and the dispute must be brought in court.

(7) We each are responsible for our respective costs relating to counsel, experts,
and witnesses, as well as any other costs relating to the arbitration. However, we
will cover any arbitration administrative or filing fees above: (a) $25 if you are
seeking less than $1,000 from us; or (b) the equivalent court filing fees for a court
action in the appropriate jurisdiction if you are seeking $1,000 or more from us.

Exceptions To Our Agreement To Arbitrate Disputes

Either of us may bring qualifying claims in small claims court. In addition, this
arbitration provision does not prevent you from filing your dispute with any
federal, state or local government agency that can, if the law allows, seek relief
against us on your behalf.

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