Loading ...
Loading ...
Loading ...
v.7-1-13 General Terms and Conditions 57
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
conlicts 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.
(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 SPRINT 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 Sprint
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
Loading ...
Loading ...
Loading ...