DISPUTE RESOLUTION AND, ARBITRATION

DISPUTE RESOLUTION AND

ARBITRATION

PLEASE READ THIS CAREFULLY; IT AFFECTS YOUR RIGHTS

In those rare instances where your concern is not resolved to your satisfaction through calls to our customer care, you and Virgin Mobile each agree to try to resolve those disputes in good faith after you provide written notice of the dispute as set forth below. If the dispute is not resolved, you and Virgin Mobile agree that the dispute will be resolved through individual binding arbitration or small claims court, instead of courts of general jurisdiction.

Mandatory Arbitration and Waiver of Class Action

Instead of suing in court, you and Virgin Mobile agree to arbitrate all Disputes

(as defined below) on an individual, non- representative, basis. You agree that, by entering into this Agreement, you and Virgin Mobile are waiving the right to

a trial by jury or to participate in a class action or representative action. This agreement to arbitrate is intended to be broadly interpreted.

In arbitration, there is no judge or jury. Instead Disputes are decided by a neutral third-party arbitrator in a more informal process than in court. In arbitration, there is limited discovery and the arbitrator’s decision is subject to limited review by courts. However, just as a court would, the arbitrator must honor the terms of the Agreement and can award damages and relief, including any attorneys’ fees authorized by law.

“Disputes” shall include, but are not limited to, any claims or controversies against each