User Manual

Basics

T608 Preliminary

HOWEVER, NOTHING CONTAINED IN THIS ARBITRATION

PROVISION SHALL PRECLUDE THE CUSTOMER FROM RESOLVING

ANY CLAIM, CONTROVERSY OR DISPUTE IN SMALL CLAIMS

COURT HE OR SHE OTHERWISE WOULD HAVE THE RIGHT TO

PURSUE.

A single arbitrator engaged in the practice of law will conduct the

arbitration. The arbitrator will be selected according to the rules of

the American Arbitration Association or JAMS or, alternatively, may be

selected by agreement of the parties, who shall cooperate in good

faith to select the arbitrator. The arbitration will be conducted by, and

under the then-applicable rules of American Arbitration Association

or JAMS, as applicable. All expedited procedures prescribed by the

applicable rules will apply. Any required hearing fees and costs shall

be paid by the parties as required by the applicable rules or as

required by applicable law, but the arbitrator shall have the power to

apportion such costs as the arbitrator deems appropriate.

The arbitrator's decision and award will be final and binding, and

judgment on the award rendered by the arbitrator may be entered in

any court with jurisdiction.

If any party files a judicial or administrative action asserting a claim

that is subject to arbitration and another party successfully stays such

action or compels arbitration, the party filing that action must pay

the other party's costs and expenses incurred in seeking such stay or

compelling arbitration, including attorney's fees.

Notices. You may get our current address for written notice by

calling PCS Customer Service Solutions. Written notice to you is sent

to your last known address in our invoicing records. Written notice is

deemed delivered 3 days after deposit in the U.S. mail, postage

prepaid, and properly addressed. Unless required by this Agreement

or Applicable Laws, (1) you may notify us by calling PCS Customer

Service Solutions, and (2) we may notify you by leaving a message for

you on your PCS Phone, answering machine or with your answering

service. Notice addresses may be changed by giving notice as

provided in this section.

Start Here.book Page 63 Friday, January 10, 2003 1:18 PM