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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 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 (th
e “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.
