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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,
Boostia 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
. 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
