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Section 5B: Terms and Conditions 109
A single arbitrator engaged in the practice of law will conduct the
arbitration. The arbitration will be filed with and the arbitrator will
be selected according to the rules of either JAMS or the National
Arbitration Forum (“NAF”), or, alternatively, as we may mutually
agree. We agree to act in good faith in selecting an arbitrator. The
arbitration will be conducted by and under the then-applicable
rules of JAMS or NAF, wherever the arbitration is filed or, if the
arbitrator is chosen by mutual agreement of the parties, the then-
applicable rules of JAMS will apply unless the parties agree
otherwise. All expedited procedures prescribed by the applicable
rules will apply. We agree to pay our respective arbitration costs,
except as otherwise required by rules of JAMS or NAF, as
applicable, but the arbitrator can apportion these costs as
appropriate. The arbitrator's decision and award is final and
binding, and judgment on the award 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 attorneys’
fees.
If any portion of this Mandatory Arbitration of Disputes section is
determined to be invalid or unenforceable, the remainder of the
Section remains in full force and effect.
Miscellaneous. You may notify us by calling us at 1-888-211-4PCS,
or use that number to get our current address for written notice.
We may send you notice to your last known address in our
invoicing records, or by calling leaving you a voice message on your
wireless device or home phone. Properly addressed written notice
is effective three days after deposit in the U.S. mail, postage
prepaid. 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. If either of us waives or fails to