Modem User Manual

Section 5B: Terms and Conditions 117
resolution. Notice to you will be sent to your billing address and
notice to us will be sent to: General Counsel; Arbitration Office;
2001 Edmund Halley Drive VARESP0513-502; Reston, Virginia
20191. We agree to make attempts to resolve the dispute. If we
cannot resolve the dispute within forty-five (45) days of receipt of
the notice to arbitrate, then we may submit the dispute to formal
arbitration.
(3) The FAA applies to this Agreement and arbitration provision.
We each agree the FAA's provisions, not state law, govern all
questions of whether a dispute is subject to arbitration.
(4) The arbitration will be administered by the International
Institute for Conflict Prevention and Resolution (“CPR”) under its
arbitration rules. If any of the CPR’s rules conflict with the terms of
the Agreement, the terms of the Agreement apply. You can obtain
procedures, rules, and fee information from the CPR at
1-212-949-6490 or
www.cpradr.org.
(5) Unless we each agree otherwise, the Arbitration will be
conducted by a single neutral arbitrator and will take place in the
county of your last billing address. The federal or state law that
applies to the Agreement will also apply during the arbitration.
(6) We each agree not to pursue arbitration on a classwide basis. We
each agree that any arbitration will be solely between you and us (not
brought on behalf of or together with another individual’s claim). If for
any reason this restriction is found unenforceable, then our agreement
to arbitrate doesn’t apply.
(7) We each are responsible for our respective costs relating to
counsel, experts, and witnesses, as well as any other costs relating
to the arbitration. However, we will cover any arbitration
administrative or filing fees above: (a) $25 if you are seeking less
than $1,000 from us; or (b) the equivalent court filing fees for a
court action in the appropriate jurisdiction if you are seeking
$1,000 or more from us.