SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
A. ARBITRATION PROCEDURES. YOU MUST FIRST PRESENT ANY CLAIM OR DISPUTE TO US BY CONTACTING BOOST MOBILE CUSTOMER CARE, IN WRITING, TO ALLOW US THE OPPURTUNITY TO RESOLVE THE DISPUTE. You may invoke arbitration if your claim or dispute is not resolved within 60 days after we receive your detailed written description of the dispute or claim and the circumstances giving rise to it. The arbitration of any dispute or claim shall be conducted in accordance with the Wireless Industry Arbitration rules (“WIA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement. You and we agree that this Agreement evidences a transaction in interstate commerce and the arbitration will be interpreted and enforced in accordance with the WIA Rules and the laws of the Commonwealth of Virginia. The arbitration will be conducted at a location in Reston, Virginia, to be designated by the Company.
B. COST OF ARBITRATION. All administrative fees and expenses of an Arbitration will be divided equally between you and Company. In all arbitrations, each party will bear the expense of
its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.
C. WAIVER OF PUNITIVE DAMAGE CLAIMS AND CLASS ACTION. By this Agreement, both Customer and Company are waiving certain rights to litigate disputes in court. If for any reason the arbitration clause is deemed inapplicable or invalid, Customer and Company both waive, to the fullest extent allowed by law, any right we might otherwise have to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.
16.COMPLETE AGREEMENT/SEVERABILITY/WAIVER – This Agreement sets forth all of the agreements between the parties concerning the Services and purchase of the Equipment, and there are no oral or written agreements between them other than as set forth in this Agreement. No amendment or addition to this Agreement shall be binding upon this Company unless it is in writing and signed by both parties (and, in the case of the Company, by an officer of the Company). Should any provision of this Agreement be found illegal or in contravention of the law, such provision shall be considered null and void but the remainder of this Agreement shall not be affected thereby. The failure of Company, at any
