User's Manual

34 General Terms and Conditions of Service effective 7-1-13
resolve your Dispute to your satisfaction. You
and Boost 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 Boost may
commence an arbitration proceeding or small
claims action.
Arbitration Terms, Process, Rules and
Procedures
(1) Unless you and Boost 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.
(2) The Federal Arbitration Act (“FAA”) applies
to this Agreement and arbitration provision. We
each agree that the FAA’s provisions—not state
law—govern all questions of whether a Dispute
is subject to arbitration. To the extent that this
agreement to arbitrate conflicts with the JAMS
Policy on Consumer Arbitrations Pursuant to
Pre-Dispute Clauses Minimum Standards for
Procedural Fairness (the “Minimum Standards”),
the Minimum Standards in that regard will apply.
However, nothing in this paragraph will require