38 General Terms and Conditions of Service effective 7-1-13
effective 7-1-13 General Terms and Conditions of Service 39
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 out of in any way our Services or the
Agreement; or (c) that Boost brings against
you. Disputes also include, but are not limited
to, (i) claims in any way related to or arising
out of any aspect of the relationship between
you and 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
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