Netgear 771S User Manual download pdf (Page 39)

38 General Terms and Conditions of Service v.7-1-13

v.7-1-13 General Terms and Conditions of Service 39

If an agreement cannot be reached within forty-five

(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 modified by this agreement to arbitrate, including

the rules about the filing, 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 conflicts 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

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Netgear 771S User Manual Page 39

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