User's Manual

42 General Terms and Conditions of Service effective 8-1-13
eective 8-1-13 General Terms and Conditions of Service 43
Pre-Dispute Clauses Minimum Standards
for Procedural Fairness (the “Minimum
Standards”), the Minimum Standards in
that regard will apply. However, nothing in
this paragraph will require or allow you or
Virgin Mobile to arbitrate on a class-wide,
representative or consolidated basis.
(3) The arbitrator may award declaratory
or injunctive relief only in favor of the
individual party seeking relief and only
to the extent necessary to provide relief
warranted by that party’s individual claim.
YOU AND VIRGIN MOBILE AGREE THAT
EACH MAY BRING CLAIMS AGAINST
THE OTHER ONLY IN AN INDIVIDUAL
CAPACITY, AND NOT AS A CLASS
MEMBER IN ANY PUTATIVE CLASS OR
REPRESENTATIVE PROCEEDING. Further,
unless both you and Virgin Mobile expressly
agree otherwise, the arbitrator may not
consolidate more than one person’s
claims, and may not otherwise preside
over any form of a representative or class
proceeding. If any portion of this provision is
found to be unenforceable, then the entirety
of this arbitration provision shall be null
and void.
(4) We each are responsible for our
respective costs, including our respective
counsel, experts, and witnesses. Virgin
Mobile will pay for any filing or case
management fees associated with the
arbitration and the professional fees for the
arbitrator’s services.
(5) An arbitrator’s award will be a written
statement of the disposition of each claim
and will also provide a concise written
statement of the essential findings and
conclusions which form the basis of the
award. The arbitrator’s decision and award
is final and binding, with some limited
court review under the FAA, and judgment