User's Manual

44 General Terms and Conditions of Service effective 8-1-13
on the award may be entered in any court
with jurisdiction.
(6) As an alternative to arbitration, we may
resolve Disputes in small claims court in the
county of your most recent billing address.
In addition, this arbitration agreement does
not prevent you from bringing your Dispute
to the attention of any federal, state, or local
government agency. Such agencies can,
if the law allows, seek relief against Virgin
Mobile on your behalf.
No Trial By Jury and
No Class Actions
IF FOR ANY REASON A CLAIM ARISING OUT
OF OR RELATING TO THIS AGREEMENT IN
ANY WAY PROCEEDS IN COURT RATHER
THAN IN ARBITRATION, REGARDLESS
OF WHETHER THE CLAIM IS AN ACTION,
COUTERCLAIM OR ANY OTHER COURT
PROCEEDING, WE EACH AGREE THAT
TO THE EXTENT ALLOWED BY LAW, THERE
WILL NOT BE A JURY TRIAL OR CLASS
ACTION AND WE EACH UNCONDITIONALLY
(1) WAIVE ANY RIGHT TO TRIAL BY JURY
AND (2) WAIVE ANY RIGHT TO PURSUE
DISPUTES ON A CLASSWIDE BASIS,
INCLUDING JOINING A CLAIM WITH THE
CLAIM OF ANY OTHER PERSON OR ENTITY
OR ASSERT A CLAIM IN A REPRESENTATIVE
CAPACTITY ON BEHALF OF ANYONE ELSE IN
ANY OTHER PROCEEDING.