NEITHER YOU NOR NETZERO SHALL BE A MEMBER IN A class, CONSOLIDATED, OR Consultant Motion OR PROCEEDING, AND THE ARBITRATOR ezigarettediy Could AWARD RELIEF Only IN FAVOR OF The individual Party Looking for RELIEF AND Solely TO THE EXTENT Essential To supply RELIEF WARRANTED BY THAT Celebration'S Individual DISPUTE OR Declare. If, after the arbitrator finds in your favor on the merits of the claim, and the arbitrator points you an award that is higher than NetZero's written provide, NetZero will: (a) pay you the greater of the quantity of the award or $7,500 ("Alternative Payment"); and (b) pay your lawyer, if you use an attorney, vapespezial twice the quantity of any affordable attorneys' charges awarded by the arbitrator, and reimburse any bills that your attorney moderately accrues for investigating, preparing, and vapeacheter pursuing your arbitration declare ("Attorney Fee Premium").
NetZero might make a written settlement offer to you earlier than the arbitrator points an award. All issues are for the arbitrator to decide, besides that issues referring to the scope and ezigarettenbasen enforceability of the arbitration provision are for a court docket to determine.
This provision shall be particularly enforceable in any court docket. Before you may pursue or take part in any Dispute or Claim (or elevate such Dispute or Claim as a defense) in small claims court or in arbitration against NetZero, it's essential to first send the Discover described above, and you have to permit NetZero an inexpensive alternative to resolve your Dispute or Claim.
In case your Dispute or Claim is for $10,000 or much less (unique of any filing, administration, arbitrator, ezigarettediy or attorneys' fees or different fees or bills), NetZero agrees that you could be choose whether the arbitration might be conducted solely on the idea of documents submitted to the arbitrator, by a telephonic hearing, or by an in-particular person listening to beneath the AAA Rules. Except as in any other case offered herein, upon you or NetZero filing an Arbitration Demand, NetZero pays all filing, administration, and liquidmischen arbitrator charges, except your Dispute or Claim exceeds $75,000 (unique of any filing, administration, arbitrator, or attorneys' charges or other fees or expenses).
For those who provoke an arbitration wherein you search more than $75,000 (exclusive of any filing, ezigarettediy administration, arbitrator, or attorneys' fees or different fees or bills) in damages, the American Arbitration Association's ("AAA") Commercial Arbitration Rules and vapegunstige the Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules") will govern the cost of those fees. One arbitrator, who's selected beneath the AAA Rules and who has experience in shopper disputes within the wireless industry, will conduct the arbitration.
