Dispute Notice and Dispute, Resolution Period

other related in any way to or arising out of in any way our Services or the Agreement, including, but not limited to, coverage, Devices, billing services and practices, policies, contract practices (including enforceability), service claims, privacy, or advertising, even if the claim arises after Services have terminated. Disputes also include, but are not limited to, claims that: (a) you or an authorized or unauthorized user of the Services or Devices bring against our employees, agents, affiliates, or other representatives; (b) you bring against a third party, such as a retailer or equipment manufacturer, that are based on, relate to, or arise out of in any way our Services or the Agreement; or (c) that Virgin Mobile brings against you. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of any aspect of the relationship between you and Virgin Mobile Custom, whether based in contract,

tort, statute, fraud, misrepresentation, advertising claims or any other legal theory;

(ii)claims that arose before this Agreement or out of a prior Agreement with Virgin Mobile Custom; (iii) claims that are subject to on-going litigation where you are not a party or class member; and/or (iv) claims that arise after the termination of this Agreement.

Dispute Notice and Dispute

Resolution Period

Before initiating arbitration or a small claims matter, you and Virgin Mobile each agree to first provide to the other a written notice (“Notice of Dispute”), which shall contain:

(a)a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute to Virgin Mobile should be sent to: General Counsel; Arbitration Office; 12502 Sunrise