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Enhanced 911 or otherwise; (f) interrupted, failed, or inaccurate location information services; (g)
information or communication that is blocked by a spam filter; (h) damage to your Device or any computer
or equipment connected to your Device, or damage to or loss of any information stored on your Device,
computer, equipment, or Boost storage space from your use of the Services or from viruses, worms, or
downloads of malicious content, materials, data, text, images, video, or audio; or (i) things beyond our
control, including acts of God (for example, weather-related phenomena, fire, earthquake, hurricane, etc.),
riot, strike, war, terrorism, or government orders or acts. You should implement appropriate safeguards to
secure your Device, computer, or equipment and to backup your information stored on each.
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
