Advertisement
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 Boost to
44
General Terms and Conditions of Service
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,
effective 7-1-13
Advertisement
