User's Manual

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 Care. 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 Care, and (2) we may notify
you by leaving a message for y o u on your Sprint PCS Phone, answering
machine or w ith 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 K ansas, without regard to choice of law
principles. You agree to submit y ourself 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