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Nextel Subscriber Agreement: General Terms and Conditions of Service 71
Terms & Conditions
binding, with some exceptions under the Federal Arbitration Act (“FAA”), and judgment on the award
may be entered in any court with jurisdiction. We each also agree as follows:
(1)
“Disputes” are any claims or controversies against each other related in any way to our
Services or the Agreement, INCLUDING, but not limited to, coverage, Devices, privacy, or
advertising, even if it arises after Services have terminated
– this includes claims you bring against
our employees, agents, affiliates or other representatives, or that we bring against you.
(2) If either of us wants to arbitrate a dispute, we agree to send written notice to the other providing a
description of the dispute, previous efforts to resolve the dispute, all supporting documents/
information, and the proposed resolution. Notice to you will be sent to your billing address and notice
to us will be sent to: General Counsel; Arbitration Office; 2001 Edmund Halley Drive VARESP0513-
502; Reston, Virginia 20191. We agree to make attempts to resolve the dispute. If we cannot resolve
the dispute within forty-five (45) days of receipt of the notice to arbitrate, then we may submit the
dispute to formal arbitration.
(3) The FAA applies to this Agreement and arbitration provision. We each agree the FAA’s provisions,
not state law, govern all questions of whether a dispute is subject to arbitration.
(4) The arbitration will be administered by the International Institute for Conflict Prevention and
Resolution (“CPR”) under its arbitration rules. If any of the CPR’s rules conflict with the terms of the
Agreement, the terms of the Agreement apply. You can obtain procedures, rules, and fee information
from the CPR at 1-212-949-6490 or www.cpradr.org.
(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.