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Section 6: Safety Information and Terms & Conditions
6B: Terms and Conditions 161
STATUTE, OR TORT, INCLUDING FRAUD, MISREPRESENTATION,
FRAUDULENT INDUCEMENT, OR ANY OTHER LEGAL OR EQUITABLE
THEORY AND REGARDLESS OF THE DATE OF ACCRUAL OF SUCH
CLAIM, CONTROVERSY OR DISPUTE SHALL BE RESOLVED BY FINAL
AND BINDING ARBITRATION AS PRESCRIBED IN THIS SECTION. THE
FEDERAL ARBITRATION ACT, NOT STATE LAW, GOVERNS THE
QUESTION OF WHETHER A CLAIM IS SUBJECT TO ARBITRATION.
HOWEVER, NOTHING CONTAINED IN THIS ARBITRATION PROVISION
SHALL PRECLUDE THE CUSTOMER FROM 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,