OFFERS OF JUDGMENT. Unless prohibited by applicable law, in any legal proceeding between you and Frontier (whether in court or arbitration), at least 10 days before the trial or arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance will be submitted to the tribunal, which shall enter judgment accordingly. If the offer is not accepted before the trial or arbitration hearing or within 30 days after it is made, whichever occurs first, the offer shall be deemed withdrawn and cannot be submitted in evidence. If an offer made by one party is not accepted, and the other party fails to obtain a more favorable judgment or award (as measured by the standards of Federal Rule of Civil Procedure 68), the other party shall not recover their post-offer costs or attorneys’ fees and shall pay the offering party’s costs and attorneys’ fees incurred after the date of the offer. However, your individual obligation to pay costs and attorneys’ fees is capped at the amount of your claim, or no more than $3,000 per individual claim, whichever is greater. DISPUTE RESOLUTION WITH FRONTIER BY BINDING ARBITRATION ***PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS *** Frontier encourages you to contact our Customer Service department if you have concerns or complaints about your Service or Frontier. Generally, customer complaints can be satisfactorily resolved in this way. In the unlikely event that you are not able to resolve your concerns through our Customer Service department, you and Frontier each agree to resolve all disputes through binding arbitration or a small claims court rather than lawsuits in courts of general jurisdiction, jury trials, or class actions. Arbitration is more informal than a lawsuit. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and individual relief affecting individual parties that a court can award, including an award of attorneys’ fees if the law allows. In addition, under certain circumstances (as explained below), Frontier will pay you more than the amount of the arbitrator’s award if the arbitrator awards you an amount that is greater than what Frontier has offered you to settle the dispute. Arbitration Agreement:
Appears in 5 contracts
Samples: Residential Internet Service Agreement, Legally Binding Agreement, Residential Internet Service Agreement
