User's Manual

40 General Terms and Conditions of Service effective 8-1-13
written notice of the dispute as set forth
below. If the dispute is not resolved, you
and Virgin Mobile agree that the dispute
will be resolved through individual binding
arbitration or small claims court, instead of
courts of general jurisdiction.
Mandatory Arbitration and Waiver of
Class Action
Instead of suing in court, you and Virgin
Mobile agree to arbitrate all Disputes
(as defined below) on an individual, non-
representative, basis. You agree that, by
entering into this Agreement, you and
Virgin Mobile are waiving the right to
a trial by jury or to participate in a class
action or representative action. This
agreement to arbitrate is intended to be
broadly interpreted.
In arbitration, there is no judge or jury.
Instead Disputes are decided by a neutral
third-party arbitrator in a more informal
process than in court. In arbitration, there
is limited discovery and the arbitrator’s
decision is subject to limited review by
courts. However, just as a court would,
the arbitrator must honor the terms of
the Agreement and can award damages
and relief, including any attorneys’ fees
authorized by law.
“Disputes” shall include, but are not limited
to, any claims or controversies against each
other related in any way to or arising out of
in any way our Services or the Agreement,
including, but not limited to, coverage,
Devices, billing services and practices,
policies, contract practices (including
enforceability), service claims, privacy, or
advertising, even if the claim arises after
Services have terminated. Disputes also
include, but are not limited to, claims that: (a)
you or an authorized or unauthorized user