User's Manual Part 2

Section 28

Terms and Conditions & Warranty Information

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.

Choice of Law; Jurisdiction. 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. You agree to submit yourself to the personal

jurisdiction of the courts in the State of Kansas.

General. If either of us does not enforce any right or remedy available under this Agreement, that failure is not a

waiver of the right or remedy for any other breach or failure by the other party. Our waiver of any requirement in

any one instance is not a general waiver of that requirement and does not amend this Agreement. If any part of

this Agreement is held invalid or unenforceable, that part is interpreted consistent with Applicable Laws as nearly

as possible to reflect the original intentions of the parties and the rest of this Agreement remains in full force and

effect. Section headings are for descriptive purposes only and are not used to interpret this Agreement. 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 you and us and replaces all

prior written or spoken agreements, representations, promises or understandings between you and us. The

provisions of this Agreement that are contemplated to be enforceable after the termination of this Agreement

survive termination of this Agreement. This Agreement is subject to any applicable federal and state law

(collectively, "Applicable Laws"). If there is a conflict, the Service Plan (including any Term Service Plan)

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