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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 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 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
Important Information for the LG LS770
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