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Warranty, including without limitation the agreement to arbitrate. The arbitration shall be held in the county in
which You are billed for Your wireless service.
For any arbitration in which Your total monetary claims, exclusive of attorney’s fees and expert witness fees, are
$5,000 or less, the arbitrator may, if You prevail, award Your reasonable attorney’s fees and expert witness fees
as part of any award, but may not grant HTC its attorney’s fees, expert witness fees, or costs unless the
arbitrator finds that You brought the claim in bad faith or that Your claim is frivolous under applicable legal
standards. For claims of $5,000 or less, You may decide whether You would prefer to have the arbitration
decided based only on documents submitted to the arbitrator, or by a hearing in person or by phone. In a case
where Your total monetary claims, exclusive of attorney’s fees and expert witness fees, are greater than $5,000,
the arbitrator may grant to the prevailing party, or apportion among the parties, reasonable attorney’s fees,
expert witness fees, and costs, insofar as it is permitted by governing law.
This agreement to arbitrate is subject to the following additional conditions:
1. Decisions Concerning Arbitrability or Enforceability: Notwithstanding the AAA Rules, any
decisions concerning arbitrability of a particular dispute, including but not limited to whether a
class arbitration is permitted by this Limited Warranty, shall be resolved by a proper court, rather
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