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v.7-1-13 General Terms and Conditions of Service 51 50 General Terms and Conditions of Service v.7-1-13
claims action. If an agreement cannot be reached
within forty-ive (45) days of receipt of the Notice of
Dispute, you or Sprint may commence an arbitration
proceeding or small claims action.
Arbitration Terms, Process, Rules and Procedures
(1) Unless you and Sprint agree otherwise, the
arbitration will be conducted by a single, neutral
arbitrator and will take place in the county of the last
billing address of the Service. The arbitration will be
governed by either: (a) rules that we mutually agree
upon; or (b) the JAMS Comprehensive Arbitration
Rules & Procedures (the “JAMS Rules”), as modiied
by this agreement to arbitrate, including the rules
about the iling, administration, discovery and
arbitrator fees. The JAMS rules are available on
its website at
jamsadr.com. Notwithstanding any
JAMS Rule to the contrary or any other provision in
arbitration rules chosen, by agreement, to govern the
arbitration, we each agree that all issues regarding
the Dispute are delegated to the arbitrator to decide,
except that only a court (and not the arbitrator) shall
decide any disagreements regarding the scope and
enforceability of this agreement to arbitrate.
(2) The Federal Arbitration Act (“FAA”) applies to
this Agreement and arbitration provision. We
each agree that the FAA’s provisions—not state
law—govern all questions of whether a Dispute
is subject to arbitration. To the extent that this
agreement to arbitrate conlicts with the JAMS
Policy on Consumer Arbitrations Pursuant to 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 Sprint
to arbitrate on a class-wide, representative or
consolidated basis.