Nextel comm IDEN H69XAH6RR1AN - Manual (Page 126)

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Nextel ® Terms and Conditions of Service
AND CLASS ACTIONS. CUSTOMER SHOULD
READ THIS SECTION CAREFULLY;
ARBITRATION IS FINAL, BINDING AND
SUBJECT TO ONLY VERY LIMITED REVIEW BY
A COURT.THIS SECTION GOVERNING
DISPUTES SHALL SURVIVE TERMINATION OF
THIS AGREEMENT.
Mandatory Arbitration - CUSTOMER AND
NEXTEL AGREE TO ARBITRATE ANY CLAIM,
CONTROVERSY OR DISPUTE ARISING UNDER
OR RELATED TO THIS AGREEMENT OR ANY
EQUIPMENT USED IN CONNECTION WITH THE
SERVICE (OR ANY PRIOR ORAL OR WRITTEN
AGREEMENT FOR WIRELESS SERVICE WITH
NEXTEL) EXCEPT THAT CUSTOMER OR
NEXTEL MAY BRING AN INDIVIDUAL ACTION IN
SMALL CLAIMS COURT. CUSTOMER AND
NEXTEL ACKNOWLEDGE THAT THIS
AGREEMENT EVIDENCES A TRANSACTION IN
INTERSTATE COMMERCE AND THAT THE
FEDERAL ARBITRATION ACT SHALL GOVERN
THE INTERPREATION AND ENFORCEMENT OF
THIS ARBITRATION PROVISION. TO INITIATE
ARBITRATION, CUSTOMER OR NEXTEL MUST
FIRST SEND A WRITTEN NOTICE, VIA
CERTIFIED MAIL, TO THE OTHER PARTY
INDICATING ITS INTENT TO ARBITRATE,
WHICH NOTICE SHALL INCLUDE: (1) A
DESCRIPTION OF THE FACTS; (2) A
DESCRIPTION OF THE NATURE OF THE
CLAIM; AND (3) THE RELIEF SOUGHT ("NOTICE
TO ARBITRATE"). SEND NOTICE TO
ARBITRATE TO: NEXTEL GENERAL COUNSEL,
ARBITRATION OFFICE, 2001 EDMUND HALLEY
DRIVE, RESTON, VIRGINIA 20191. BOTH
PARTIES AGREE TO MAKE REASONABLE
ATTEMPTS TO RESOLVE ANY SUCH DISPUTE;
HOWEVER, IF THE PARTIES CANNOT
RESOLVE THE DISPUTE WITHIN FORTY-FIVE
(45) DAYS OF RECEIPT OF NOTICE TO
ARBITRATE, THEN AN ARBITRATION CLAIM
MAY COMMENCE. ANY ARBITRATION
INITIATED UNDER THIS AGREEMENT SHALL
BE ADMINISTERED BY THE AMERICAN
ARBITRATION ASSOCIATION ("AAA") IN
ACCORDANCE WITH ITS WIRELESS INDUSTRY
ARBITRATION RULES (AND THE AAA
SUPPLEMENTAL PROCEDURES FOR
CONSUMER RELATED DISPUTES AS THEY
MAY BE APPLICABLE), AS MODIFIED BY THIS
AGREEMENT. INFORMATION CONCERNING
THE AAA, ITS WIRELESS INDUSTRY
ARBITRATION RULES AND OTHER
INFORMATION CONCERNING ARBITRATION
PROCEDURES AND FEES CAN BE FOUND BY
CALLING THE AAA AT 1-800-778-7879 OR
VISITING ITS WEBSITE AT http://www.adr.org.