40 General Terms and Conditions of Service effective 7-1-13
effective 7-1-13 General Terms and Conditions of Service 41
at jamsadr.com. 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 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,
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