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Section 4B: Terms & Conditions / Warranty 218
the parties as required by the applicable rules or as required by applicable law, but
the arbitrator shall have the power to apportion such costs as the arbitrator deems
appropriate. The arbitrator's decision and award will be final and binding (subject to
the appeal clause below), and judgment on the award rendered by the arbitrator
may be entered in any court with jurisdiction.
An appeal may be taken under the CPR Arbitration Appeal Procedure from any
final award of any arbitral panel in any arbitration arising out of or related to this
agreement that is conducted in accordance with the requirements of such Appeal
Procedure. Unless otherwise agreed by the parties and the appeal tribunal, the
appeal shall be conducted at the place of the original arbitration.
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 PCS
Customer Service Solutions. Written notice to you is sent to your last known
address in our invoicing records. Written notice is effective three 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 PCS
Customer Service Solutions, and (2) we may notify you by leaving a message for
you on your 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.
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. This
Agreement is subject to any applicable federal and state law (collectively,
“Applicable Laws”). 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 termination of this
Agreement survive termination of this Agreement. If there is a conflict, the Service
Plan (including any Term Service Plan) controls over the Terms.