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Boost MobileTM Terms and Con ditions of Service
SUBJECT TO ONLY VERY LIMITED REVIEW BY A
COURT. THIS ARBITRATION CLAUSE SHALL
SURVIVE TERMINATION OR EXPIRATIO N OF
THIS AGREEMEN T.
A. ARBITRATION PROCEDURES. YOU MUST
FIRST PRESENT ANY CLAIM OR DISPUT E TO
US BY CONTACTING BOOST MOBILE
CUSTOMER CARE, IN WRITING, TO ALLOW
US THE OPPURTUNITY TO RESOLVE THE
DISPUTE. You may invoke arbitr ation if your
claim or dispute is not resolved within 60 days
after we receive your deta ile d w rit t en des cr i pt io n
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 Associatio n (“AAA”),
as modified by this Agreement. You an d we
agree that this Agreement evidences a
transaction in intersta te commerce and the
arbitration will be interpreted and enforced in
accordance with the WIA Rul es and the laws of
the Commonwealth of Virginia. The arbi tration
will be conducted at a location in Reston, Virginia,
to be designated by the Company.
B. COST OF ARBITRATION. All a dministrative
fees and expenses of an Arbitration will be
divided equally betwe en yo u an d Co mp an y. In al l
arbitrations, each party will bear the e xpense 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 Agreem ent, both
Customer and Company ar e wai vi ng certain
rights to litigate disputes in court. If for any
reason the arbitrati on clause is deemed
inapplicable or inv alid, Customer and C ompany
both waive, to the fulle st 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 representat ive capacity.
16. COMPLETE
AGREEMENT/SEVERABILITY/WAIVER – This
Agreement sets forth all of the agreements between
the parties concerning t he Se r vic es and pur cha se of
the Equipment, and there are no oral or written
agreements between them o ther than as set forth in
this Agreement. No amendment or addition to this
Agreement shall be binding upon this Co mpany
unless it is in writi ng and signed by both parties
(and, in the case of th e Company, by an off icer of
the Company). Should any provision of this
Agreement be found ille ga l or i n c on tr ave nt io n o f t he
law, such provision shal l be conside red null an d void
but the remainder of this Agree ment shall not be
affected thereby. The failure of Company, at any