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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 mustpay 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 enforce any
requirement under this Agreement in any one instance, that does not waive our right to
later enforce that requirement. If any part of this Agreement is held invalid or
unenforceable, the rest of this Agreement remains in full force and effect. Section
headings are for descriptive, non-interpretive purposes only. 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 us and replaces all prior written or spoken agreements.
Section 4B: Terms & Conditions / Warranty 170