Modem User Manual

116 Section 5B: Terms and Conditions
LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS
AND SERVICES.
DISPUTE RESOLUTION
We Agree To First Contact Each Other With Any Disputes
We each agree to first contact each other with any disputes
and provide a written description of the problem, all relevant
documents/information and the proposed resolution. You
agree to contact us with disputes by calling or writing us as
instructed on your invoice. We will contact you by letter to
your billing address or on your Device.
Instead Of Suing In Court, We Each Agree To Arbitrate Disputes
We each agree to finally settle all disputes (as defined and
subject to any specific exceptions below) only by arbitration.
In arbitration, there’s no judge or jury and review is limited.
However, just as a court would, the arbitrator must honor the
terms and limitations in the Agreement and can award the
same damages and relief, including any attorney’s fees
authorized by law. The arbitrator’s decision and award is final
and binding, with some exceptions under the Federal
Arbitration Act (“FAA”), and judgment on the award may be
entered in any court with jurisdiction. We each also agree as
follows:
(1) “Disputes” are any claims or controversies against each other
related in any way to our Services or the Agreement, INCLUDING,
but not limited to, coverage, Devices, privacy, or advertising, even
if it arises after Services have terminatedⴑthis includes claims
you bring against our employees, agents, affiliates or other
representatives, or that we bring against you.
(2) If either of us wants to arbitrate a dispute, we agree to
send written notice to the other providing a description of
the dispute, previous efforts to resolve the dispute, all
supporting documents/information, and the proposed