User's Manual

36 General Terms and Conditions of Service effective 7-1-13
effective 7-1-13 General Terms and Conditions of Service 37
No Trial By Jury and No Class Action
IF FOR ANY REASON A CLAIM ARISING OUT
OF OR RELATING TO THIS AGREEMENT IN ANY
WAY PROCEEDS IN COURT RATHER THAN IN
ARBITRATION, REGARDLESS OF WHETHER THE
CLAIM IS AN ACTION, COUNTERCLAIM OR ANY
OTHER COURT PROCEEDING, WE EACH AGREE
THAT TO THE EXTENT ALLOWED BY LAW, THERE
WILL NOT BE A JURY TRIAL OR CLASS ACTION
AND WE EACH UNCONDITIONALLY (1) WAIVE ANY
RIGHT TO TRIAL BY JURY AND (2) WAIVE ANY
RIGHT TO PURSUE DISPUTES ON A CLASSWIDE
BASIS, INCLUDING JOINING A CLAIM WITH THE
CLAIM OF ANY OTHER PERSON OR ENTITY OR
ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY
ON BEHALF OF ANYONE ELSE IN ANY OTHER
PROCEEDING.
Indemnification
You agree to indemnify, defend, and hold Boost
and our subsidiaries, affiliates, parent companies,
vendors, suppliers, and licensors harmless
from any claims arising out of or relating to your
actions, including, but not limited to, your use
of the Service and any information you submit,
post, transmit, or make available via the Service;
failing to provide appropriate notices regarding
location-enabled services (see “Location-Enabled
Services” section); failure to safeguard your
passwords, backup question to your shared secret
question, or other account information; or violating
this Agreement or any policy referenced in this
Agreement, any applicable law or regulation, or the
rights of any third party.