Netgear AirCard 595 (Sprint) User's Guide download pdf (Page 116)

108 Section 5B: Terms and Conditions

rules will apply. We agree to pay our respective arbitration costs, except as

otherwise required by rules of JAMS or NAF, as applicable, but the arbitrator can

apportion these costs as appropriate. The arbitrator's decision and award is final

and binding, and judgment on the award 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

attorneys' fees.

If any portion of this Mandatory Arbitration of Disputes section is determined to

be invalid or unenforceable, the remainder of the Section remains in full force and

effect.

Miscellaneous. You may notify us by calling us at 1-888-211-4PCS, or use that

number to get our current address for written notice. We may send you notice to

your last known address in our invoicing records, or by calling leaving you a voice

message on your wireless device or home phone. Properly addressed written

notice is effective three days after deposit in the U.S. mail, postage prepaid. This

Agreement is governed by and must be construed under federal law and the laws

of the State of Kansas, without regard to choice of law principles. If either of us

waives or fails to enforce any requirement under this Agreement in any one

instance, that does not waive our right to later enforce that requirement. If any

part of this Agreement is held invalid or unenforceable, the rest of this Agreement

remains in full force and effect. Section headings are for descriptive, non-

interpretive purposes only. You may not assign this Agreement to any other

person or entity without our prior written approval. This Agreement (including

any referenced documents and attachments) makes up the entire agreement

between us and replaces all prior written or spoken agreements.

without prior written approval. Sprint, the “Going Forward” logo and other

trademarks are trademarks of Sprint Nextel. iDEN is a trademark of Motorola, Inc.

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Netgear AirCard 595 (Sprint) User's Guide Page 116