Read this agreement carefully as it affects our rights to bring claims against each other.
Applicability of Dispute Resolution Agreement.This Dispute Resolution Agreement (this “Agreement”) applies to any and all Claims between you (“You”), as a purchaser or recipient of products and/or services provided by or received from Cellular Sales of Knoxville, Inc. or any of its subsidiaries (each, a “Cellular Sales Entity,” and collectively, “Cellular Sales”), and Cellular Sales. As used herein, the term “Claim” means any dispute of any nature whatsoever between You and Cellular Sales including without limitation any dispute which arises from or is otherwise related to the purchase or receipt by You of products and/or services provided by or received from a Cellular Sales Entity (a “Product Claim”) and any dispute which is not a Product Claim (a “Non-Product Claim”) including without limitation any dispute as to whether a particular Claim is subject to arbitration pursuant to this Agreement (a “Forum Claim”).
Agreement to Arbitrate Claims. Except for Exempt Claims (as defined below), You and Cellular Sales (each, a “Party,” and collectively, the “Parties”) agree to arbitrate, pursuant to the Arbitration Guidelines set forth below (the “Arbitration Guidelines”), any and all Claims either Party may have against the other. The Parties also agree to arbitrate, pursuant to the Arbitration Guidelines, any dispute You have against any officer, director, employee, or representative of any Cellular Sales Entity (each, a “Cellular Sales Representative”) for acts and/or omissions allegedly occurring within the course and scope of the Cellular Sales Representative’s employment with Cellular Sales.
Agreement to Negotiate. Prior to instituting any arbitration proceeding, or in the case of an Exempt Claim, prior to instituting any action in small claims court, You and Cellular Sales agree to first attempt to resolve any Claim by negotiating with each other. In facilitation thereof, the Party asserting any Claim (the “Claimant”) shall give written notice to the other Party of the Claim (the “Claim Notice”) which shall include (i) a reasonable description of the facts giving rise to the Claim; (ii) a proposed resolution to the Claim; and (iii) the Claimant’s contact information (e.g., e-mail, telephone, and/or street address) including the preferred method and best time of day to be contacted. Upon receipt of a Claim Notice, the receiving Party shall promptly contact the Claimant in an effort to resolve the Claim. Claim Notices from You must be mailed or delivered to Cellular Sales Management Group, LLC, 9040 Executive Park Drive, Knoxville, Tennessee 37923 ATTN: General Counsel. Claim Notices from Cellular Sales must be mailed or delivered to You at the address given to Cellular Sales in conjunction with your most recent transaction with Cellular Sales.
Arbitration Guidelines. If the Claim is not resolved within 30 days following delivery of the Claim Notice and provided the Claimant wishes to pursue the Claim, the Claimant must initiate arbitration proceedings with the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (the “AAA Consumer Arbitration Rules”); provided, however, in the case of an Exempt Claim, the Claimant may alternatively initiate an action in any small claims court possessed of requisite jurisdiction. The applicable AAA Consumer Arbitration rules are available at www.adr.org or by calling 1-877-304-8457.
Arbitrator’s Authority to Make Award. Consistent with Rule 44 of the AAA Consumer Arbitration Rules, the arbitrator may grant any remedy, relief, or outcome that the Parties could have received in court, including awards of attorney’s fees and costs, in accordance with the law(s) that applies to the arbitration, except that the arbitrator shall not permit either Party to bring any Claim as part of a class or in any collective action.
Applicability of FAA. Each Party acknowledges and agrees that this Agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law applies to the arbitration proceedings provided hereunder.
Venue. The location for the arbitration (the “Arbitration Venue”) shall be determined in accordance with the following:
If a Product Claim (including any related Forum Claim), then in the county or parish in which the product or service was sold or provided.
If a Non-Product Claim (other than a Forum Claim related to a Product Claim), then: if brought by Cellular Sales, in the county or parish in which You reside; or if brought by You, in any county or parish in which Cellular Sales operates any one or more retail locations.
Governing Law. The Parties acknowledge and agree that the laws of the state of the Arbitration Venue shall apply without regard or reference to choice or conflict of law rules.
Exempt Claims. As provided in Rule 9 of the AAA Consumer Arbitration Rules, if a Claim is within the jurisdiction of a small claims court (an “Exempt Claim”), either Party may choose to have the Claim adjudicated by that court instead of by arbitration.
Severability. If any provision of this Agreement is held to be illegal, invalid, or unenforceable (the “Rejected Provision”), the remainder of this Agreement shall remain in full force and effect. If the Rejected Provision may be made enforceable by limitation thereof, then the Rejected Provision shall be deemed to be so limited and shall be enforceable to the maximum extent permitted by applicable law.
WAIVER OF CLASS AND COLLECTIVE STANDING OR ACTION. EACH PARTY EXPRESSLY WAIVES THE RIGHT TO PARTICIPATE IN ANY CLASS OR COLLECTIVE ACTION AGAINST THE OTHER PARTY (A “CLASS ACTION”). ACCORDINGLY, EACH PARTY AGREES IT WILL NOT INITIATE ANY CLASS ACTION, NOR WILL IT SERVE AS A REPRESENTATIVE IN ANY CLASS ACTION, NOR WILL IT JOIN OR OTHERWISE PARTICIPATE IN ANY CLASS ACTION, NO MATTER HOW SMALL OR MINOR THE CLAIM.
JURY TRIAL WAIVER. WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, EACH PARTY WAIVES ANY RIGHT IT MAY HAVE TO A JURY TRIAL TO RESOLVE SUCH CLAIM.