Product Info

36 General Terms and Conditions of Service effective 7-1-13
effective 7-1-13 General Terms and Conditions of Service 37
You Agree That Our Liability Is Limited
– No Consequential Damages
TO THE EXTENT ALLOWED BY LAW, OUR
LIABILITY FOR MONETARY DAMAGES FOR
ANY CLAIMS THAT YOU MAY HAVE AGAINST
US IS LIMITED TO NO MORE THAN THE
PROPORTIONATE AMOUNT OF THE SERVICE
CHARGES ATTRIBUTABLE TO THE AFFECTED
PERIOD. UNDER NO CIRCUMSTANCES ARE WE
LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL,
PUNITIVE, MULTIPLE, OR SPECIAL DAMAGES
OF ANY NATURE WHATSOEVER ARISING OUT
OF OR 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
related in any way to or arising out of in any
way our Services or the Agreement, including,
but not limited to, coverage, Devices, billing
services and practices, policies, contract
practices (including enforceability), service
claims, privacy, or advertising, even if the
claim arises after Services have terminated.
Disputes also include, but are not limited
to, claims that: (a) you or an authorized or
unauthorized user of the Services or Devices
bring against our employees, agents, affiliates,
or other representatives; (b) you bring against
a third party, such as a retailer or equipment
manufacturer, that are based on, relate to,
or arise out of in any way our Services or the
Agreement; or (c) that Boost brings against
you. Disputes also include, but are not limited
to, (i) claims in any way related to or arising
out of any aspect of the relationship between
you and Boost, whether based in contract, tort,
statute, fraud, misrepresentation, advertising
claims or any other legal theory; (ii) claims
that arose before this Agreement or out of a
prior Agreement with Boost; (iii) claims that are
subject to on-going litigation where you are not