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(4) We each are responsible for our respective costs, including our respective counsel, experts, and
witnesses. Boost will pay for any filing or case management fees associated with the arbitration and the
professional fees
for the arbitrator’s services.
(5) An arbitrator’s award will be a written statement of the disposition of each claim and will also provide a
concise written statement of the essential findings and conclusions which form the basis of the award.
The arbitrator’s decision and award is final and binding, with some limited court review under the FAA,
and judgment on the award may be entered in any court with jurisdiction.
(6) As an alternative to arbitration, we may resolve Disputes in small claims court in the county of your
most recent billing address. In addition, this arbitration agreement does not prevent you from bringing
your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the
law allows, seek relief against Boost on your behalf.
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, COUTERCLAIM 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 CAPACTITY 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.
Providing Notice To Each Other Under The Agreement
Except as the Agreement specifically provides otherwise, you must deliver written notice to us by mail to
Attn: Boost, NSSG SBU, 1084 Laurel Rd., London, KY 40744 or email to
. We will provide you notice by correspondence
to your last known address in our records, to any fax number or email address
you’ve provided us, by
calling you on your Device
or any other phone number you’ve provided us, by voice message on your
Device or any other phone
number you’ve provided us, or by text message on your Device.
Other Important Terms
Subject to federal law or unless the Agreement specifically provides otherwise, this Agreement is
governed solely by the laws of the state encompassing the billing address of the Device, without regard to
the conflicts of law rules of that state. If either of us waives or doesn’t enforce a requirement under this
Agreement in an instance, we don’t waive our right to later enforce that requirement. Except as the
Agreement specifically provides otherwise, if any part of the Agreement is held invalid or unenforceable,
the rest of this Agreement remains in full force and effect. This Agreement isn’t for the benefit of any third
