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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
42
General Terms and Conditions of Service
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
effective 7-1-13
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