Product Info

38 General Terms and Conditions of Service effective 7-1-13
effective 7-1-13 General Terms and Conditions of Service 39
a party or class member; and/or (iv) claims that
arise after the termination of this Agreement.
Dispute Notice and Dispute
Resolution Period
Before initiating an arbitration or a small claims
matter, you and Boost each agree to first
provide to the other a written notice (“Notice
of Dispute”), which shall contain: (a) a written
description of the problem and relevant
documents and supporting information; and
(b) a statement of the specific relief sought.
A Notice of Dispute to Boost should be sent
to: General Counsel; Arbitration Office; 12502
Sunrise Valley Drive, Mailstop VARESA0202-
2C682; Reston, Virginia 20191. Boost will provide
a Notice of Dispute to you in accordance with
the “Providing Notice To Each Other Under
The Agreement” section of this Agreement.
Boost will assign a representative to work
with you and try to 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 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,