40
General Terms and Conditions of Service
effective 7-1-13
effective 7-1-13
General Terms and Conditions of Service
41
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