You Agree That Our Liability Is Limited - No Consequential Damages; Dispute Resolution - LG LS665 User Manual

You Agree That Our Liability Is Limited – No Consequential
Damages
TO THE EXTENT ALLOWED BY LAW, OUR LIABILITY FOR MONETARY DAMAGES FOR
ANY CLAIMS THAT YOU MAY HAVE AGAINST US IS LIMITED TO NO MORE THAN THE
PROPORTIONATE AMOUNT OF THE SERVICE CHARGES ATTRIBUTABLE TO THE
AFFECTED PERIOD. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY
INCIDENTAL, CONSEQUENTIAL, PUNITIVE, MULTIPLE, OR SPECIAL DAMAGES OF ANY
NATURE WHATSOEVER ARISING OUT OF OR RELATED TO PROVIDING OR FAILING TO
PROVIDE SERVICES IN CONNECTION WITH A DEVICE, INCLUDING, BUT NOT LIMITED
TO, LOST PROFITS, LOSS OF 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 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
Copyright Information 145