| PlanMinutes | 0 |
| AdditionalAirTimeFee | N/A |
| IncludedMessages | |
| IncludedData | |
| AdditionalDataCost | |
| MonthlyAccessFee | 0.00 |
General Terms and Conditions of
Service
Basic Definitions
In this document: (1) we, us, our, and Boost mean Boost Mobile LLC; (2)
you, your, customer, and user mean an account holder or user with us;
(3) Device means any phone, device, accessory or other product we provide
you, sell to you or that is active on your account with us; and (4) Service
means our offers, rate or service plans, options, wireless services or Devices
on your account with us.
Service Agreement
The Service Agreement (Agreement) is the contract under which we provide and
you accept our Services. In addition to these Terms and Conditions of Service
(Ts&Cs), there are several parts to the Agreement, including, but not
limited to, the detailed plan or other information on Services we provide or
refer you to during the sales transaction (also available at www.boostmobile.com, and any confirmation
materials we may provide you. It is important that you carefully read all of
the terms of the Agreement.
Services Covered By These Ts&Cs
& Additional Terms
Unless we provide otherwise, these Ts&Cs apply to
any Service we provide you. Additional terms will apply when you use certain
Services, typically those you can access online (for example, picture/video
Services, online forums, etc.).
Our Policies
Services are subject to our business policies, practices and procedures
(Policies), including, but not limited to, our Privacy Policy and Acceptable
Use Policy and Visitor Agreement both available at
our website. You agree to all of our Policies when you use our Services. Our
Policies are subject to change at anytime with or without notice.
When You Accept The
Agreement
You must have the legal capacity to accept the Agreement. You accept the
Agreement when you do any of the following: (a) accept the Agreement through
any printed, oral or electronic statement; (b) attempt to or in any way use the
Services; (c) pay for the Services; or (d) open any package or start any
program that says you are accepting the Agreement when doing so. If you dont
want to accept the Agreement, dont do any of these things.
Service Activation
To activate the Service, you must both activate your account, and establish an
appropriate account balance to pay for pay-per-use charges and applicable
subscription charges (defined below) based on the service plan you select. To
establish an account balance, pay a subscription charge, or make any other
appropriate payments, follow the instructions provided with the Equipment, at www.boostmobile.com, or provided through
Boost Customer Care.
Our Right To
Change The Agreement & Your Related Rights
We may change any part of the Agreement at any time, including, but not limited
to, rates, charges, how we calculate charges, or your terms of Service. We will
provide you notice of material changes, and may provide you notice of
non-material changes, in a manner consistent with this Agreement (see
Providing Notice To Each Other Under The Agreement
section). If you continue to access or use our Services, or increase your
account balance, on or after the effective date of a change, you accept the
change. Do not access or use our Services after the effective date of a change
if you decide to reject the change and terminate Service. You will not be
entitled to any credit for the unused portion of your account balance if you
decide to terminate Service in response to a change to the Agreement.
Our Right To Suspend Or Terminate
Services
We can, without notice, suspend or terminate any Service at any time for any
reason, including, but not limited to: (a) failure to have or maintain an
appropriate account balance for applicable charges; (b) harassing/threatening
our employees or agents; (c) providing false information; (d) interfering with
our operations; (e) using/suspicion of using Services in any manner restricted
by or inconsistent with the Agreement; (f) breaching the Agreement, including
our Policies; (g) providing us false or inaccurate information; (h) modifying a
Device from its manufacturer specifications; or (i) if we believe the action
protects our interests, any customers interests or our network.
Your Ability To
Change Services & When Changes Are Effective
You typically can change Services upon request. In some instances,
changes may be conditioned on payment of certain charges. The effective date of
any changes will depend on our Policies, your old Services and the requested
Services. We will not credit or refund any subscription or other charges as a
result of a change in Services.
Restrictions On Using Services
You cant use our Services: (a) to transmit content/messages that are, or in any
manner that is, illegal, fraudulent, threatening, abusive, defamatory, or
obscene; (b) in a way that could cause damage or adversely affect our
customers, reputation, network, property or Services; (c) to communicate any
unsolicited commercial voice, text, SMS, or other message; (d) to infringe on
the copyright of another, or upload or transmit any virus, worm, or
malicious code; or (e) in any way prohibited by the terms of our Services, the
Agreement or our Policies.
Your Device, Number & E-mail Address; Caller ID
We dont manufacture any Device we might sell to you or that is associated with
our Services, and we arent responsible for any defects, acts or omissions of
the manufacturer. The only warranties on your Device are the limited warranties
given to you by the manufacturer directly or that we pass through. Your Device
is designed exclusively for use on our network and in other coverage areas we
make available to you. It will not accept wireless service from another
carrier. Except for any legal right you may have to port/transfer your phone
number to another carrier, you have no and cannot gain any (for example,
through publication, use, etc.) proprietary, ownership or other rights to any
phone number, identification number, e-mail address or other identifier we
assign to you, your Device or your account. Well notify you if we decide to
change or reassign them.
Porting/Transferring Phone Numbers
We dont guarantee that number transfers to or from us
will be successful. If you authorize another carrier to transfer a number away
from us, that is considered a request by you to us to terminate all of the
Services associated with that number.
Coverage; Where Your Device Will Work
Our coverage maps are available at our authorized
retail locations or www.boostmobile.com.
The specific network coverage you get will depend on the radio transmissions
your Device can pick up and Services youve chosen. Our coverage maps provide
high level estimates of our coverage areas when using Services outdoors under
optimal conditions. Coverage isnt available everywhere. Estimating wireless
coverage and signal strength is not an exact science. There are gaps in
coverage within our estimated coverage areas that, along with other factors
both within and beyond our control (network problems, software, signal
strength, your Device, structures, buildings, weather, geography, topography,
etc.), may result in dropped and blocked connections, slower data speeds, or
otherwise impact the quality of Service. Services that rely on location
information, such as E911 and GPS navigation, depend on your Devices ability
to acquire satellite signals (typically not available indoors) and network
coverage.
Traveling
Traveling typically refers to coverage on our network outside of your
designated home local calling area. Depending on your Services, additional
charges or limits on the amount of minutes used while traveling may apply.
Roaming
Roaming typically refers to coverage on another carriers network that we
make available to you based on our agreements with other carriers. These
agreements may change from time to time and roaming coverage is subject to
change. Your ability to receive roaming coverage depends on the radio transmissions
your Device can pick up. You can pick up roaming coverage both within and
outside our network coverage areas. Your Device will generally indicate when
youre roaming. Depending on your Services, separate charges or limits on the
amount of minutes used while roaming may apply. Certain Services may not be
available or work the same when roaming (including data Services, voicemail,
call waiting, etc.).
About Data Services & Content
Our data Services and your Device may allow you to access the internet, text,
pictures, video, games, graphics, music, email, sound and other materials
(Data Content) or send Data Content elsewhere. Some Data Content is available
from us or our vendors, while other Data Content can be accessed from others
(third party websites, games, ringers, etc.). We make absolutely no guarantees
about the Data Content you access on your Device. Data Content may be: (1)
unsuitable for children/minors; (2) unreliable or inaccurate; or (3) offensive,
indecent or objectionable. Youre solely responsible for evaluating the Data
Content accessed by you or anyone on your account. We strongly recommend you
monitor data usage by children/minors. Data Content from third parties may also
harm your Device or its software. To protect our network, Services, or for
other reasons, we may place restrictions on accessing certain Data Content
(such as certain websites, applications, etc.), impose separate charges, limit
throughput or the amount of data you can transfer, or otherwise limit or terminate
Services. If we provide you storage for Data Content you have purchased, we may
delete the Data Content with notice or place restrictions/limits on the use of
storage areas. You may not be able to make or receive voice calls while using
data Services.
Specific Terms & Restrictions On
Using Data Services
In addition to the rules for using all of our other Services, unless authorized
by us, you cant use our data Services: (1) with server devices or host
computer applications, or other systems that drive continuous heavy traffic or
data sessions; and (2) as a substitute or backup for private lines or frame
relay connections. We reserve the right to limit, suspend or constrain any
heavy, continuous data usage that adversely impacts our network performance or
hinders access to our network.
Activation & Miscellaneous
Charges
Based on our Policies, we may charge activation,
prepayment, reactivation, program or other fees to establish or maintain
Services. Certain transactions may also be subject to a charge (for example,
convenience payment, changing phone numbers, handset upgrades, etc.). You will
be provided notice of these types of fees before we complete the requested
transaction. We may charge an additional fee for calls to customer service
regarding questions that can be answered by you using self help features on
your handset or our website.
Usage Charges
The types of charges you incur will vary depending on the Service used and your
service plan. See the detailed plan or other information we provide or refer
you to during the sales transaction for the actual usage charges applicable to
your Service. You will generally be charged for use of Services before or at
the time of use in accordance with your service plan. In certain instances, we
may charge at some point after you use the Service. Charges are generally
deducted from your account balance (for example, pay-per-use charges,
subscription charges, etc.), though in some instances you may be able to pay
for certain Services through a credit card, debit card or other payment method.
If you have incurred charges or fees that were not charged prior to your
account balance reaching a zero balance, we may deduct these outstanding unpaid
charges and fees from any subsequent amounts you add to your account balance.
Types of Charges
We typically assess the following types of charges: (1) Pay-per-use charges
charges assessed each time a Service is used; (2) Subscription charges
charges that allow you access to a Service or provide you a certain amount of
use of a Service for a defined period of time. Subscription charges for
Services offered on a per-day basis end at 11:59 pm (in the time zone in which
your phone number is based) on the day the feature is initiated. Also,
depending on your Service, certain types of subscription charges may be
assessed automatically upon activation and automatically assessed for
subsequent subscription periods; and (3) Download charges charges assessed
when you download or access content, which we collect on behalf of third-party
content providers.
How We Calculate Your Charges
Regular Voice Calls: We round up partial minutes of use to the next full
minute. Time starts when you press Talk or your Device connects to the
network and stops when you press End or the network connection otherwise
breaks. Youre charged for all calls that connect, even to answering machines.
You wont be charged for unanswered calls or if you get a busy signal. For
incoming calls answered, youre charged from the time shortly before the Device
starts ringing until you press END or the network connection otherwise breaks.
Youre charged for the entire call based on the rate that applies to the time
period in which the call starts. However, the types of charges actually
deducted from your account balance will vary depending on your Service.
Walkie-Talkie Charges: Charges for
walkie-talkie calls apply to the person who starts the call and the person who
receives the call. Depending on your Services, you may incur a charge for use of
walkie-talkie Services for a designated period (for example, daily or monthly),
or walkie-talkie usage may be charged on a pay-per-use basis. Pay-per-use
charges work as follows: (1) Usage is calculated by multiplying the duration of
the call by the applicable rate; (2) Youre charged at least 6 seconds of
airtime for each call you start; subsequent communications in the same call are
rounded up to and charged to the next second; (3) Time begins when you press
any button to start a walkie-talkie call and ends approximately 6 seconds after
completion of a communication to which no participant responds subsequent
walkie-talkie communications are considered new calls; and (4) Responses to
call alert transmissions are treated as new walkie-talkie transmissions even
when responding within 6 seconds of receiving the alert. See the detailed plan
or other information we provide or refer you to during the sales transaction
(also available at www.boostmobile.com)
for the actual usage charges applicable to your Service.
Data Usage: Depending on your
Service, you may be charged for data usage. Unless we specifically tell you
otherwise, data usage is measured in bytes, kilobytes and megabytes not in
minutes/time. 1024 bytes equals 1 kilobyte (KB), and 1024 KB equals 1
megabyte. Bytes are rounded up to kilobytes, so you will be charged at least 1
KB for each data usage session (data session). Rounding occurs at the end of
each data session, and sometimes during a data session. Depending on your data
Services, usage may be charged against an allowance or on a fixed price per KB.
If you are charged on a fixed price per KB, any fractional cents will be
rounded up to the next cent. You are charged for all data directed to your
Devices internet address, including data sessions you did not initiate and for
incomplete transfers. As long as your Device is connected to our data network,
you may incur data charges. Examples of data you will be charged for includes
the size of a requested file or Data Content (game, ringer, etc.), web page
graphics (logos, pictures, banners, advertisement, etc.), additional data used
in accessing, transporting and routing the file on our network, data from
partial or interrupted downloads, re-sent data, and data associated with
unsuccessful attempts to reach websites or use applications. These data charges
are in addition to any charges for the Data Content itself (game, ringer,
etc.). Data used and charged to you will vary widely, even between identical
actions or data sessions. Estimates of data usage for example, the size of
downloadable files are not reliable predictors of actual usage.
Taxes & Government Fees
Depending on your Services, we may deduct from your account balance all
federal, state and local taxes, fees and other assessments that were required
by law to collect and remit to the government on the Services we provide you.
These charges may change from time to time without advance notice. If youre
claiming any tax exemption, you must provide us with a valid exemption
certificate. Tax exemptions generally wont be applied retroactively.
Surcharges
Depending on your Services, we may deduct from your account balance surcharges
(Surcharges), which include, but are not limited to: Federal Universal
Service, various regulatory fees, Boost administrative charges, gross receipts
charges, and charges for the costs we incur in complying with governmental
programs. Surcharges are not taxes and are not required by law. They are rates
we choose to collect from you and are kept by us in whole or in part. The
number and type of Surcharges may vary depending upon the location of your
primary account address and can change over time. We determine the rate for
these charges and these amounts are subject to change as are the components
used to calculate these amounts. We will provide you notice of any changes to
Surcharges in a manner consistent with this Agreement (see Providing Notice To Each Other Under The Agreement section). However, since
some Surcharges are based on amounts set by the government or based on
government formulas, it will not always be possible to provide advance notice
of new Surcharges or changes in the amount of existing Surcharges. Information
on Surcharges is provided during the sales transaction and is available on our
website.
Disputing Charges
Any dispute to a charge we assess you must be made in
writing within 60 days of the date we deduct the charge from your account
balance. You accept all charges not properly disputed within the above time
period.
About Account Balances
To ensure continued access to the Service, you must
maintain a positive account balance at all times or pay any applicable
subscription charges (depending on your service plan). Account balances are not
transferable, redeemable for cash, or refundable; that is, once you make
payment on your account, you are provided a credit on your account that can
only be used to pay for our Service during the validity period (discussed
below). Your Service will be interrupted if you fail to maintain a positive
account balance or timely pay applicable subscription charges. In these
instances, you will be given a grace period to make any appropriate payments on
your account. If you do not make payment within this grace period, your account
will be terminated. In addition, positive account balances are forfeited if not
used within the validity period specified in your service plan (if you
replenish your account balance during the validity period, the validity period
restarts). If you do not use your account balance during the validity period,
your account balance will expire and you will not be entitled to a refund or
service credit. See the detailed plan or other information we provide or refer
you to during the sales transaction (also available at www.boostmobile.com) for the grace period
and validity period that applies to your Service. If your account is
terminated, you will lose any phone number, identification number or email
address associated with your account. Reactivation fees will apply if you
choose to later restart Service. Your account balance generally may not exceed
the equivalent of $300.
Establishing or Replenishing Account
Balances
Information on how you can establish and maintain an account balance will be
provided at activation, and is available at www.boostmobile.com or through
Boost Customer Care. The replenishment methods available to you will depend on
the terms of your Services. A fee may apply to certain replenishment methods.
Some service plans may provide for automatic account balance replenishment
through, for example, automatic billing to a credit card or debit card, or
automatic debit from an eligible account with a financial institution. Payment
through these methods may be subject to limitations, including, but not limited
to, the number of times an account may be debited or charged in a particular
time period, the amount that may be debited or charged from an account or other
limitations imposed by us or the financial institution that holds the account.
Protecting Our Network &
Services
We can take any action to: (1) protect our network,
our rights and interests, or the rights of others; or (2) optimize or improve
the overall use of our network and Services. Some of these actions may
interrupt or prevent legitimate communications and usage for example, message
filtering/blocking software to prevent SPAM or viruses, limiting throughput,
limiting access to certain websites, applications or other Data Content, etc.
For additional information on what we do to protect our customers, network,
Services and equipment, see our Acceptable Use Policy and Visitor Agreement at
our website.
Your Privacy
You agree to the terms of our Privacy Policy,
available at our website, when you use our Services. This policy may change
from time to time, so review this policy with regularity and care. Among other
things, the policy includes important information on what information we
collect about you, how we use that information, and with whom we share that
information (for example, to provide you certain Services, to protect our
rights and interests, to respond to legal process, to facilitate a merger,
etc.). Also, to ensure the quality of our Services and for other lawful
purposes, we may also monitor or record calls between us (for example, your
conversations with our customer service or sales departments). If you do not
agree with the terms of our Privacy Policy, do not purchase or use our
Services.
We encourage you (the account
holder) to protect the privacy of your account information by establishing
passwords (including for your online accounts), which may include an answer to
a backup shared secret question. These authenticators will be used when you
access your account. This is the most effective way for you to protect your
account. We treat the holder of your password(s) and/or your answer to a backup
shared secret question as an authorized person on your account. Please do not
share your authentication information with anyone that you do not wish to have
access to your account. You agree that we may contact you in our discretion
about important account related matters through the contact information you provide,
through the Services or Devices to which you subscribe or through other
available means. We also may allow you to set preferences for your preferred
means of contact.
As we provide telecommunications
Products and Services to you (the account holder), we develop information about
the quantity, technical configuration, type and destination of
telecommunications Products and Services you use, as well as some other
information found on your bill (CPNI). Under federal law, you have the right,
and we have a duty, to protect the confidentiality of your CPNI. For example,
we implement safeguards that are designed to protect your CPNI, including
authentication procedures when you contact us. For some accounts with a
dedicated Sprint representative, we may rely on contacting your pre-established
point of contact as the standard authentication measure.
Location Based Services
Our network generally knows the location of your
Device when it is outdoors and turned on. By using various technologies to
locate your Device, we can provide enhanced emergency 911 services, and
optional location-sensitive services provided by us or a third party.
Environmental factors (such as structures, buildings, weather, geography,
landscape, and topography) can significantly impact the ability to access your
Devices location information and use of location-sensitive services. The terms
and conditions of any location-sensitive service that you purchase from us may
provide more information about how location information is used and disclosed.
Use of some of location-sensitive services may require network coverage. If any
Device on your account uses a location-sensitive service, you (the account
holder) authorize the end user to download, access and
use location sensitive services and agree to clearly and regularly notify the
end user of your Device that their location may be tracked or discovered. For
additional information on location-sensitive services, see our Privacy Policy
at our website.
911 Or Other Emergency Calls
Public Safety Officials advise that when making 911 or other emergency calls,
you should always be prepared to provide your location information. Unlike
traditional wireline phones, depending on a number of factors (e.g., whether
your Device is GPS enabled, where you are, whether local emergency service
providers have upgraded their equipment, etc.), 911 operators may not know your
phone number, your location or the location of your Device. In certain
circumstances, an emergency call may be routed to a state patrol dispatcher or
alternative location set by local emergency service providers. Enhanced 911 service (E911), where enabled by local emergency
authorities, uses GPS technology to provide location information. Even when
available, however, E911 does not always provide accurate location information.
If your Device is indoors or for some other reason cannot acquire a satellite
signal, you may not be located. Some Devices have a safety feature that
prevents use of the keypad after dialing 911 you should follow voice prompts
when interacting with emergency service providers employing IVR systems to
screen calls.
If Your Device Is Lost or Stolen
Call us immediately if your Device is lost or stolen because you may be
responsible for usage charges before you notify us of the alleged loss or
theft. You agree to cooperate if we choose to investigate the matter (provide
facts, sworn statements, etc.). We may not credit or refund any account balance
if you choose to terminate Services as a result of loss or theft of your
Device.
Disclaimer of Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (TO THE
EXTENT ALLOWED BY LAW) ANY IMPLIED WARRANTY OF MERCHANTABILITY,
NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICES
(INCLUDING YOUR DEVICE). WE DONT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICES
AND DONT AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF.
You Agree We Are Not Responsible For
Certain Problems
You agree that neither we nor our vendors, suppliers or licensors are
responsible for any damages resulting from: (a) anything done or not done by
someone else; (b) providing or failing to provide Services, including, but not
limited to, deficiencies or problems with a Device or network coverage (for example,
dropped, blocked, interrupted calls/messages, etc.); (c) traffic or other
accidents, or any health-related claims relating to our Services; (d) Data
Content or information accessed while using our Services; (e) an interruption
or failure in accessing or attempting to access emergency services from a
Device, including through 911, Enhanced 911 or otherwise; (f) interrupted,
failed, or inaccurate location information services, (g) information or
communication that is blocked by a spam filter, or (h) things beyond our
control, including acts of God (for example, weather-related phenomena, fire,
earthquake, hurricane, etc.), riot, strike, war, terrorism or government orders
or acts.
You Agree Our Liability Is Limited -
No Consequential Damages.
TO THE EXTENT ALLOWED BY LAW, OUR LIABILITY FOR MONETARY DAMAGES FOR ANY CLAIMS
YOU MAY HAVE AGAINST US IS LIMITED TO NO MORE THAN THE PROPORTIONATE AMOUNT OF
THE SERVICE CHARGES ATTRIBUTABLE TO THE AFFECTED PERIOD. UNDER NO CIRCUMSTANCES
ARE WE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF
ANY NATURE WHATSOEVER ARISING OUT OF OR RELATED TO PROVIDING OR FAILING TO
PROVIDE SERVICES IN CONNECTION WITH A DEVICE, INCLUDING, BUT NOT LIMITED TO,
LOST PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES.
DISPUTE RESOLUTION
We Agree To First
Contact Each Other With Any Disputes
We each agree to first contact each other with any disputes and provide a
written description of the problem, all relevant documents/information and the
proposed resolution. You agree to contact us with disputes by calling or
writing us as instructed on your invoice. We will contact you by letter to your
billing address or on your Device.
Instead Of Suing In
Court, We Each Agree To Arbitrate Disputes
We each agree to finally settle all disputes (as defined and subject to any
specific exceptions below) only by arbitration. In arbitration, theres no
judge or jury and review is limited. However, just as a court would, the
arbitrator must honor the terms and limitations in the Agreement and can award
the same damages and relief, including any attorneys fees authorized by law.
The arbitrators decision and award is final and binding, with some exceptions
under the Federal Arbitration Act (FAA), and judgment on the award may be
entered in any court with jurisdiction. We each also agree as follows:
(1) Disputes are any claims or
controversies against each other related in any way to our Services or the
Agreement, including, but not limited to, coverage, Devices, privacy, or
advertising, even if it arises after Services have terminated this includes
claims you bring against our employees, agents, affiliates or other
representatives, or that we bring against you.
(2) If either of us wants to arbitrate
a dispute, we agree to send written notice to the other providing a description
of the dispute, previous efforts to resolve the dispute, all supporting
documents/information, and the proposed resolution. Notice to you will be sent
to your billing address and notice to us will be sent to: General Counsel;
Arbitration Office; 2001 Edmund Halley Drive VARESP0513-502; Reston, Virginia
20191. We agree to make attempts to resolve the dispute. If we cannot resolve
the dispute within forty-five (45) days of receipt of the notice to arbitrate,
then we may submit the dispute to formal arbitration.
(3) The FAA applies to this
Agreement and arbitration provision. We each agree the FAAs provisions, not
state law, govern all questions of whether a dispute is subject to arbitration.
(4) The arbitration will be
administered by the National Arbitration Forum (NAF) under its arbitration
rules. If any NAF rule conflicts with the terms of the Agreement, the terms of
the Agreement apply. You can obtain procedures, rules, and fee information from
the NAF at 1-800-474-2371 or www.adrforum.com.
(5) Unless we each agree otherwise,
the Arbitration will be conducted by a single neutral arbitrator and will take
place in the county of your last billing address. The federal or state law that
applies to the Agreement will also apply during the arbitration.
(6) We each agree not to pursue
arbitration on a classwide basis. We each agree that any arbitration will be
solely between you and us (not brought on behalf of or
together with another individuals claim). If for any reason any court or
arbitrator holds that this restriction is unconscionable or unenforceable, then
our agreement to arbitrate doesnt apply and the dispute must be brought in
court.
(7) We each are responsible for our
respective costs relating to counsel, experts, and witnesses, as well as any
other costs relating to the arbitration. However, we will cover any arbitration
administrative or filing fees above: (a) $25 if you are seeking less than
$1,000 from us; or (b) the equivalent court filing fees for a court action in
the appropriate jurisdiction if you are seeking $1,000 or more from us.
Exceptions To Our
Agreement To Arbitrate Disputes
Either of us may bring qualifying claims in small claims court. In addition,
this arbitration provision does not prevent you from filing your dispute with
any federal, state or local government agency that can, if the law allows, seek
relief against us on your behalf.
No Class Actions
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A
CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER
PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF
ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
No Trial By Jury
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY
LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
Indemnification
You agree to indemnify, defend and hold us harmless from any claims arising out
of your actions, including, but not limited to, failing to provide appropriate
notices regarding location-sensitive services (see Location Based Services
section), failure to safeguard your passwords, backup question to your shared
secret question or other account information, or violating this Agreement, any
applicable law or regulation or the rights of any third party.
Providing Notice To
Each Other Under The Agreement
Except as the Agreement specifically provides otherwise, you must
deliver written notice to us by mail to P.O. Box 54988, Irvine, CA 92619 or
email to Boostmobilecustomerassistance@boostmobile.com.
We will provide you notice by correspondence to your last known address in our
records, to any fax number or e-mail address youve provided us, by calling you
on your Device or another number you have provided us, by voice message on your
Device or other number you have provided us, or by text message on your Device.
Other Important Terms
Subject to federal law or unless the Agreement specifically provides otherwise,
this Agreement is governed solely by the laws of the state encompassing the
area code assigned to your Device, without regard to the conflicts of law rules
of that state. If either of us waives or doesnt enforce a requirement under
this Agreement in an instance, we dont waive our right to later enforce that
requirement. Except as the Agreement specifically provides otherwise, if any
part of the Agreement is held invalid or unenforceable, the rest of this
Agreement remains in full force and effect. This Agreement isnt for the
benefit of any 3rd party except our corporate parents, affiliates, subsidiaries,
agents, and predecessors and successors in interest. You cant assign the
Agreement or any of your rights or duties under it. We can assign the
Agreement. The Agreement and the documents it incorporates make up the entire
agreement between us and replaces all prior written or spoken agreements you
cant rely on any contradictory documents or statements by sales or service
representatives. The rights, obligations and commitments in the Agreement that,
by their nature, would logically continue beyond the termination of Services
(including, but not limited to, those relating to billing, payment, 911,
dispute resolution, no class action, no jury trial), survive termination of
Services.
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