User's Manual

34 General Terms and Conditions of Service effective 7-1-13
effective 7-1-13 General Terms and Conditions of Service 35
or allow you or Boost to arbitrate on a class-wide,
representative or consolidated basis.
(3) The arbitrator may award declaratory or
injunctive relief only in favor of the individual party
seeking relief and only to the extent necessary
to provide relief warranted by that party’s
individual claim. YOU AND BOOST AGREE THAT
EACH MAY BRING CLAIMS AGAINST THE OTHER
ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS
A CLASS MEMBER IN ANY PUTATIVE CLASS OR
REPRESENTATIVE PROCEEDING. Further, unless
both you and Boost expressly agree otherwise,
the arbitrator may not consolidate more than
one person’s claims, and may not otherwise
preside over any form of a representative or
class proceeding. If any portion of this provision
is found to be unenforceable, then the entirety
of this arbitration provision shall be null and void.
(4) We each are responsible for our respective
costs, including our respective counsel, experts,
and witnesses. Boost will pay for any filing or
case management fees associated with the
arbitration and the professional fees for the
arbitrator’s services.
(5) An arbitrator’s award will be a written
statement of the disposition of each claim and
will also provide a concise written statement of
the essential findings and conclusions which
form the basis of the award. The arbitrator’s
decision and award is final and binding, with
some limited court review under the FAA, and
judgment on the award may be entered in any
court with jurisdiction.
(6) As an alternative to arbitration, we may resolve
Disputes in small claims court in the county of
your most recent billing address. In addition,
this arbitration agreement does not prevent you
from bringing your Dispute to the attention of
any federal, state, or local government agency.
Such agencies can, if the law allows, seek relief
against Boost on your behalf.