User's Manual

40 General Terms and Conditions of Service effective 8-1-13
eective 8-1-13 General Terms and Conditions of Service 41
of the Services or Devices bring against
our employees, agents, affiliates, or other
representatives; (b) you bring against a
third party, such as a retailer or equipment
manufacturer, that are based on, relate to,
or arise out of in any way our Services or
the Agreement; or (c) that Virgin Mobile
brings against you. Disputes also include,
but are not limited to, (i) claims in any way
related to or arising out of any aspect of the
relationship between you and Virgin Mobile,
whether based in contract, tort, statute,
fraud, misrepresentation, advertising claims
or any other legal theory; (ii) claims that
arose before this Agreement or out of a prior
Agreement with Virgin Mobile; (iii) claims
that are subject to on-going litigation where
you are not a party or class member; and/or
(iv) claims that arise after the termination of
this Agreement.
Dispute Notice and Dispute
Resolution Period
Before initiating an arbitration or a small
claims matter, you and Virgin Mobile each
agree to first provide to the other a written
notice (“Notice of Dispute”), which shall
contain: (a) a written description of the
problem and relevant documents and
supporting information; and (b) a statement
of the specific relief sought. A Notice of
Dispute to Virgin Mobile should be sent
to: General Counsel; Arbitration Office;
12502 Sunrise Valley Drive, Mailstop
VARESA0202-2C682; Reston, Virginia
20191. Virgin Mobile will provide a Notice
of Dispute to you in accordance with the
“Providing Notice To Each Other Under The
Agreement” section of this Agreement.
Virgin Mobile will assign a representative
to work with you and try to resolve your
Dispute to your satisfaction. You and