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Section 16
Terms and Conditions & Warranty Information 113
Warranty/Terms
and Conditions
16
A single arbitrator engaged in the practice of law will conduct the arbitration under
the rules of the American Arbitration Association. The arbitrator will be selected in
accordance with AAA procedures from a list of qualified people maintained by the
AAA. All expedited procedures prescribed by the AAA rules will apply, and each party
will bear their own costs and attorney’s fees.
No discovery will be permitted, except that the parties will exchange, thirty days prior
to the hearing on their dispute, all documents to be submitted to the arbitrator,
including any reports or summaries, and a list of the names and addresses of those
persons to be called to testify. Following exchange of this information, the parties may
agree to waive a hearing.
The arbitrator will have authority only to award compensatory damages and will not
have authority to award punitive damages, lost profits, or other non-compensatory
damages. The arbitrator’s decision and award will be final and binding, and
judgment on the award rendered by the arbitrator may be entered in any court with
jurisdiction. The arbitrator’s decision must not contain findings of fact or
conclusions of law.
If any party files a judicial or administrative action asserting a claim that is subject to
arbitration and another party successfully stays such action or compels arbitration,
the party filing that action must pay the other party’s costs and expenses incurred in
seeking such stay or compelling arbitration, including attorney’s fees.
Notices
You may get our current address for written notice by calling Sprint PCS Customer
Service Solutions. Written notice to you is sent to your last known address in our
invoicing records. Written notice is deemed delivered 3 days after deposit in the U.S.
mail, postage prepaid, and properly addressed. Unless required by this Agreement or
Applicable Laws, (1) you may notify us by calling Sprint PCS Customer Service
Solutions, and (2) we may notify you by leaving a message for you on your
Sprint PCS Phone, answering machine or with your answering service. Notice
addresses may be changed by giving notice as provided in this section.
Choice of Law; Jurisdiction
This Agreement is governed by and must be construed under federal law and the laws
of the State of Kansas, without regard to choice of law principles. You agree to submit
yourself to the personal jurisdiction of the courts in the State of Kansas.
General
If either of us does not enforce any right or remedy available under this Agreement,
that failure is not a waiver of the right or remedy for any other breach or failure by
the other party. Our waiver of any requirement in any one instance is not a general
waiver of that requirement and does not amend this Agreement. If any part of this
Agreement is held invalid or unenforceable, that part is interpreted consistent with
Applicable Laws as nearly as possible to reflect the original intentions of the parties
and the rest of this Agreement remains in full force and effect. Section headings are
for descriptive purposes only and are not used to interpret this Agreement. You may
not assign this Agreement to any other person or entity without our prior written
approval. This Agreement (including any referenced documents and attachments)
makes up the entire agreement between you and us and replaces all prior written or
spoken agreements, representations, promises or understandings between you and us.
The provisions of this Agreement that are contemplated to be enforceable after the