Arbitration Terms, Process, Rules and Procedures

Valley Drive, Mailstop VARESA0202- 2C682; Reston, Virginia 20191. Virgin Mobile will provide a Notice of Dispute to you in accordance with the “Providing Notice To Each Other Under The Agreement” section of this Agreement. Virgin Mobile will assign a representative to work with you and try to resolve your Dispute to your satisfaction. You and Virgin Mobile agree to make attempts to resolve the Dispute prior to commencing an arbitration or small claims action. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or Virgin Mobile may commence an arbitration proceeding or small claims action.

Arbitration Terms, Process, Rules and Procedures

(1)Unless you and Virgin Mobile agree otherwise, the arbitration will be conducted

by a single, neutral arbitrator and will take place in the county of the last billing address of the Service. The arbitration will be governed by either: (a) rules that we mutually agree upon; or (b) the JAMS Comprehensive Arbitration Rules & Procedures (the “JAMS Rules”), as modified by this agreement to arbitrate, including the rules about the filing, administration, discovery and arbitrator fees. The JAMS rules are available on its website at jamsadr.com. Notwithstanding any JAMS Rule to the contrary or any other provision in arbitration rules chosen, by agreement, to govern the arbitration, we each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, except that only a court (and not the arbitrator) shall decide any disagreements regarding the scope and enforceability of this agreement to arbitrate.