User's Manual

32 General Terms and Conditions of Service effective 7-1-13
RELATED TO PROVIDING OR FAILING TO PROVIDE
SERVICES IN CONNECTION WITH A DEVICE,
INCLUDING, BUT NOT LIMITED TO, LOST PROFITS,
LOSS OF BUSINESS, OR COST OF REPLACEMENT
PRODUCTS AND SERVICES.
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 Boost 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 Boost 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 Boost agree to
arbitrate all Disputes (as defined below) on an
individual, non-representative, basis. You agree
that, by entering into this Agreement, you and
Boost 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 other