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discovery and arbitrator fees. The JAMS rules
are available on its website 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
44
General Terms and Conditions of Service
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, experts,
and witnesses. Boost will pay for any filing or
effective 07/01/13
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