LG P506 - Manual (Page 31)

29
References to “AT&T,” “you,” and “us” include our respective subsidiaries,
affiliates, agents, employees, predecessors in interest, successors, and assigns,
as well as all authorized or unauthorized users or beneficiaries of services
or Devices under this or prior Agreements between us. Notwithstanding the
foregoing, either party may bring an individual action in small claims court.
This arbitration agreement does not preclude you from bringing issues to
the attention of federal, state, or local agencies, including, for example, the
Federal Communications Commission. Such agencies can, if the law allows,
seek relief against us on your behalf. You agree that, by entering into this
Agreement, you and AT&T are each waiving the right to a trial by jury
or to participate in a class action. This Agreement evidences a transaction
in interstate commerce, and thus the Federal Arbitration Act governs the
interpretation and enforcement of this provision. This arbitration provision
shall survive termination of this Agreement.
(2) A party who intends to seek arbitration must first send to the other, by
certified mail, a written Notice of Dispute (“Notice”). The Notice to AT&T should
be addressed to: General Counsel, AT&T, 1025 Lenox Park Blvd. Atlanta, GA
30319 (“Notice Address”). The Notice must: (a) describe the nature and basis
of the claim or dispute; and (b) set forth the specific relief sought (“Demand”).
If AT&T and you do not reach an agreement to resolve the claim within 30
days after the Notice is received, you or AT&T may commence an arbitration
proceeding. During the arbitration, the amount of any settlement offer made
by AT&T or you shall not be disclosed to the arbitrator until after the arbitrator
determines the amount, if any, to which you or AT&T is entitled. You may
download or copy a form Notice and a form to initiate arbitration at
att.com/arbitration-forms.
(3) After AT&T receives notice at the Notice Address that you have
commenced arbitration, it will promptly reimburse you for your payment
of the filing fee, unless your claim is for greater than $75,000. (The filing
fee currently is $125 for claims under $10,000 but is subject to change
by the arbitration provider. If you are unable to pay this fee, AT&T will pay
it directly upon receiving a written request at the Notice Address.) The
arbitration will be governed by the Commercial Arbitration Rules and the
Supplementary Procedures for Consumer Related Disputes (collectively,
“AAA Rules”) of the American Arbitration Association (“AAA”), as modified
by this Agreement, and will be administered by the AAA. The AAA Rules
are available online at www.adr.org, by calling the AAA at 1-800-778-
7879, or by writing to the Notice Address. (You may obtain information
that is designed for non-lawyers about the arbitration process
Terms
of
Servic
e
PAYMS01100744D_wp.indd 31 PAYMS01100744D_wp.indd 31 2/1/10 6:27:42 PM 2/1/10 6:27:42 PM