An appeal may be taken under the CPR Arbitration Appeal Procedure from any final
award of any arbitral panel in any arbitration arising out of or related to this
agreement that is conducted in accordance with the requirements of such Appeal
Procedure. Unless otherwise agreed by the parties and the appeal tribunal, the
appeal shall be conducted at the place of the original arbitration.
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 effective three days after deposit in the U.S.
mail, postage prepaid, and properly addressed. Unless required by this Agreement
or Applicable Laws, (1) you may notify us by calling PCS Customer Service Solutions,
and (2) we may notify you by leaving a message for you on your PCS Phone,
answering machine or with your answering service. Notice addresses may be
changed by giving notice as provided in this section.
Choice of Law; Jurisdiction. 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.
General. If either of us does not enforce any right or remedy available under this
Agreement, that failure is not a waiver of the right or remedy for any other breach or
failure by the other party. Our waiver of any requirement in any one instance is not a
general waiver of that requirement and does not amend this Agreement. This
Agreement is subject to any applicable federal and state law (collectively,
“Applicable Laws”). If any part of this Agreement is held invalid or unenforceable,
that part is interpreted consistent with Applicable Laws as nearly as possible to
reflect the original intentions of the parties and the rest of this Agreement remains in
full force and effect. Section headings are for descriptive purposes only and are not
used to interpret this Agreement. You may not assign this Agreement to any other
person or entity without our prior written approval. This Agreement (including any
referenced documents and attachments) makes up the entire agreement between
you and us and replaces all prior written or spoken agreements, representations,
promises or understandings between you and us. The provisions of this Agreement
that are contemplated to be enforceable after the termination of this Agreement
survive termination of this Agreement. If there is a conflict, the Service Plan
(including any Term Service Plan) controls over the Terms.
Section 4B: Terms & Conditions / Warranty 233
