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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, 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 Actions
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
[email protected]. 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.
