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General Terms & Conditions

Effective October 15, 2021




Thanks for choosing Boost! Please read our Terms & Conditions, rules, policies (including, without limitation, privacy policy), regulatory information and other information which may be found on our website (collectively, “Ts&Cs”), which describe your relationship with Boost, including our agreement to arbitrate of disputes, instead of using class actions or jury trials. The Ts&Cs constitute an agreement between you and Boost and by accessing or using Boost Services, you agree to the Ts&Cs.

 

Who Are We Talking About?

When we say “we,” “us,” “our,” or “Boost,” we mean DISH Wireless L.L.C. When we say “you,” “your,” “customer,” and “user,” we mean a Boost account holder or someone who uses our Devices or Services. “Device,” means any phone, tablet, mobile broadband device, or any other product or accessory we provide, sell, or that is active on your account with us. “Service(s)” mean Boost-branded offers, rate plans, options, wireless services, payment services, applications, programs, products, software, or Devices on your account with us, as well as any other product or service that we offer or provide to you that references these General Terms and Conditions of Service (“Ts&Cs”)

 

What does Your Service Agreement With Boost Look Like?

These Ts&Cs are part of your service agreement with us (the “Agreement”) and are the contract under which we provide you Services. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION WITH A CLASS WAIVER, A REPRESENTATIVE ACTION WAIVER, AND A JURY WAIVER PROVISION. In addition to these Ts&Cs, the Agreement includes: (i) the subscriber agreement and transaction materials that you receive and accept when you get your Device or sign up for service; (ii) the service plan(s) that you chose as described in the written services and transaction materials that we provide or refer you to during the sales transaction; (iii) any confirmation materials and invoices that we may provide to you; and (iv) the terms set forth in the coverage map brochures. We strongly recommend that you carefully read all of the terms of the Agreement.

 

Anything Else In My Service Agreement?

When you accept the Agreement, you are agreeing to our business policies, practices, and procedures (“Policies”), including our Acceptable Use Policy, our Privacy Policy, our Visitors Agreement, and our Network Management and the open internet practices. To read more, visit our Legal & Service Policies page. We may change our Policies at any time, so please check our Policies periodically for updates.

 

Any limitations On How I Use My Device?

If you get a Device from Boost Mobile or a Boost Mobile authorized retailer without paying full price (MSRP) for the Device, you agree (1) within 60 days to activate and use this Device on the Boost Mobile network and (2) not to resell, trade in, or export, or participate or profit in the resale, trade in, or export of the Device to a third party until you have activated and used the Device on the Boost Mobile network and met all your other financial and contractual obligations to us. If you do this without meeting your obligations, we reserve the right to take any action we deem necessary, including charging you for the difference between the Device’s full price and the price you paid for it, and seeking recovery of related damages. If you have a separate agreement with Boost to acquire, purchase, or lease a Device, any restrictions on resale in that agreement will also apply, so please refer to the terms of any such agreement to understand your rights to resell your Device. Any tampering with, reprogramming, reflashing, or unlocking of this Device without Boost Mobile’s permission violates Boost Mobile’s and third parties’ rights under state and federal laws and could subject you to civil or criminal liability.

 

How Do I Activate Service?

To activate Service, you must both activate your account and establish an appropriate account balance to pay for pay-per-use charges and applicable subscription charges 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 or visit my.boostmobile.com.

 

How Do I Accept The Agreement?

You must have the legal capacity to accept the Agreement. You accept the Agreement when you:

  • Agree in writing or by electronic signature or by telling us you accept by email, over the phone, online, or in person; or
  • Activate, use, or attempt to use, the Services; or
  • Pay for the Services; or
  • Open any package or start any program that says you are accepting the Agreement by doing so.

If you don’t want to accept the Agreement, don’t do any of these things.

 

How Will Boost Talk To You About The Agreement? How Will You Get In Touch With Us?

Except as specified otherwise in the Agreement, you must provide us notice by calling or writing us as instructed online at my.boostmobile.com/support/contact-us. We will provide you notice through one or more of the following: in your payment, correspondence to your last known payment address, to any fax number or email address you’ve provided us, by calling you on your Device or any other phone number you’ve provided us, by voice message on your Device or any other phone number you’ve provided us, by SMS or text message on your Device, or through your Boost One application.

 

What Happens If Boost Changes The Agreement?

We may change prices or any other term of your Service or this Agreement at any time. If you use your Service after the change takes effect, then you are accepting the change. If at any point you no longer qualify and are not eligible, or if certain rate plans or services are no longer supported or available, please notify us or, in some cases, Boost will notify you and give you notice of the change(s) to your plan or services. We will provide you notice of material changes—and we may provide you notice of non-material changes—in a manner consistent with this Agreement. 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.

 

Can Boost Suspend or Terminate Services?

We can, without notice, suspend or terminate any Service at any time for any reason. For example, we can suspend or terminate any Service for: (a) late payment; (b) exceeding an Account Spending Limit; (c) harassing/threatening/abusing/offending or being excessively impolite to our employees or agents; (d) interfering with our operations; (e) using/suspicion of using Services in a way that violates or is inconsistent with the Agreement and Policies (including, without limitation, using excessive amounts of minutes or data as determined by Boost in its sole discretion) or adversely affects any of our other customers, reputation, network, property, or Services; (f) breaching, failing to follow, or abusing the Agreement or Policies; (g) providing false, inaccurate, dated, or unverifiable information, including identification or credit information; (h) becoming insolvent or bankrupt; (i) modifying a Device from its manufacturer specifications (for example, rooting the device); (j) failing to use our Services or maintain an active Device; (k) you resell or attempt to resell the Services or (l) if we believe the action protects our interests, any customer’s interests, or our network.

 

How Do I Change My Services And When Are Changes Effective?

If you want to change your Services, log into id.boostmobile.com, in many cases, you can change Services immediately. Some changes may be conditioned on payment of certain charges.
Some changes to Services may not be effective right away. We will not credit or refund any subscription or other charges as a result of a change in Services.

 

How Do I Terminate Services?

If you are thinking about cancelling your Service with Boost, please call us or visit a Boost store. You can terminate Services by calling us and requesting that we deactivate all Services, or by porting your number to another carrier. You are charged for connected calls including calls to voicemail and your rate is based on the location of the network equipment providing service and not your device location or area code. If Services are terminated before the end of your invoicing cycle, we won’t prorate charges to the date of termination and you won’t receive a credit or refund for any unused Services.

 

How Does Boost Protect My Privacy?

We care about your privacy, and we want you to understand how we handle your data. As you use the Services, we collect information for a variety of purposes, such improving the Services and keeping them secure, and providing ads and offers that may be of interest to you. By using the Services you understand and agree that our Privacy Policy governs how we collect, use, and disclose your personal information. Please take a moment to review our Privacy Policy.

How Do I Keep My Account Secure?

Your PIN, passwords, and other account credentials are specific to you and are yours to protect. Anyone who has access to this information, has access to your account. You (the account holder) may be required to password protect your account information by establishing a personal identification number (“PIN”). You may also be required to set a backup security question and answer in the event you forget your PIN. Boost may treat anyone who presents your credentials as you or as an authorized user. We may disclose your account information or make changes in Service based on a request by someone with your account credentials. You agree that we may contact you for Service-related reasons through the contact information that you provide, through the Services or Devices to which you subscribe, or through other available means, including text message, SMS, email, fax, recorded message, mobile, residential or business phone, or mail.

What Information Is On My Device?

Your Device contains sensitive, personal information. Boost is not responsible for any information on your Device, including sensitive or personal information. We recommend that you safeguard any sensitive or personal information when your Device is out of your possession or control. By submitting your Device to us, you agree that our employees, contractors, or vendors may access all of the information on your Device. If you exchange, return, or recycle your Device through us, we typically attempt to erase all data on your Device, but you must remove all data from your Device before you provide it to us.

 

How Can I Use My Device, Number, And Email Address?

Check with your manufacturer to determine whether there are any warranties on your Device. Device performance may vary based on Device specifications (for example, a Device’s software, memory, and storage), and Device performance may impact access to our Services. Your Device is designed to be activated on our network and in other coverage areas that we may make available to you. 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, email address, or other identifier that we assign to you, your Device, or your account. We’ll notify you if we decide to change or reassign them. We do not guarantee that any port or transfer of your phone number will be successful. Your Boost phone may have be programmed with restrictions that prevent another carrier's SIM card from being inserted into your phone’s SIM slot for use on a different network. Boost will unlock a capable device, provided the device is eligible per Boost’s Unlocking Policy. For more information, please review our Unlocking Policy.

 

What If I Bring My Own Device?

Boost allows you to bring a Device that you already own to be activated on the Boost Network. When you activate a “Boost Compatible” Device or a Device that was designed to be used on a network other than the Boost Network, not all of your services may work, or they may not work correctly. Just as with any other device, if you bring your own Device to be activated on the Boost Network, Boost is not responsible for your Device, including whether your Device works correctly.

 

What About The Apps I Download?

When you download or use certain applications, programs, Devices, and services, you may be required to accept terms specific to those items. Generally, the terms will come from the app developer, software licensor, etc., which may be Boost or someone else. Any terms for third party apps are between you and the third party. Additional terms for bundled Services may either modify or replace certain provisions in these Ts&Cs, including terms relating to activation, invoicing, payment, and disputing charges, and privacy.

 

Where And How Will My Device Work?

Our coverage maps are available at our authorized retail locations. Your signal, and your specific network coverage will depend on the radio transmissions your Device can pick up and Services you’ve chosen. Our coverage maps show our coverage estimates using Services outdoors under optimal conditions. Coverage isn’t available everywhere, is not guaranteed, and is subject to change without notice. Service speeds are not guaranteed, and depend on the Service purchased as well as other factors, such as your Device, your location, structures, buildings, weather, geography, topography, server speeds of the websites you access, network problems, network or internet congestion, software, signal strength, actions of third parties, etc. Services that rely on location information, such as E911 and GPS navigation, depend on your Device’s ability to acquire satellite signals (typically not available indoors) and network coverage. While your Device is receiving a software update, you may be unable to use your Device in any manner, including to call 911, until the software update is complete.

 

What About Roaming (Off-Net)?

When we talk about “roaming,” we are talking about coverage on another carrier’s network. Your Device generally lets you know when you’re roaming. Our right to provide coverage on another carrier’s network may change from time to time, and roaming coverage may change without notice and may not always be available. Whether your Device can roam depends on your Device, your Services, and the availability of roaming coverage. Certain Services may not be available or work the same when roaming (for example, data Services, voicemail, call waiting, etc.). Separate charges or limits for voice or data Services may apply while roaming.

 

What About Using Data Services?

Our data Services and your Device may allow you to access the internet, email, text, take pictures and video, download and play games, video, music, graphics, sound, applications and other materials (“Content”) or send Content elsewhere. We have no control over the Content that you access on your Device. Content may be: (1) unsuitable for children/minors; (2) unreliable or inaccurate; or (3) offensive, indecent, or objectionable. You’re solely responsible for evaluating the Content accessed by you or anyone through your Device or Services. We strongly recommend that you monitor data usage by children/minors. Content from third parties may also harm your Device or its software. We are not responsible for any Content, any damage caused by any Content that you access through your Services, that you load on your Device, or that you request that our representatives access or load on your Device. For more information on Content and restrictions on Content, see your service plan details. If we provide you storage for Content that you have purchased, then we may delete the Content without notice or place restrictions/limits on the use of storage areas. Content stored on a Device, transmitted over our networks, or stored by Boost may be deleted, modified, or damaged. You may not be able to make or receive voice calls while using data Services. Content provided by our vendors or third parties may be cancelled or terminated at any time without notice to you, and you may not receive a refund for any unused portion of the Content.

 

Are There Things I Cannot Do With Boost’s Data Services?

You cannot violate these Ts&Cs or the Agreement in any way. Our data services are designed for use with your Boost Device for reasonable and non-continuous internet access such as web surfing and non-continuous downloading, streaming, gaming and other personal internet access services. You can’t use our data Services, including, without limitation, in the following ways: (1) with server devices or host computer applications or other systems that drive continuous, heavy traffic or data sessions or automatically consume unreasonable amounts of data or network capacity; (2) as a substitute or backup for private lines or frame relay connections; (3) for automated machine to machine connections or purposes that are designed for unattended use, or (4) for any other unintended use as we may determine from time to time or any time in our sole and absolute discretion. You may tether your Boost Device to other lawful devices only pursuant to the Agreement and pursuant to the allotments contained in your plan for use of your Device as a hotspot or when the Device and plan are specifically intended for that purpose (for example, 4G Hotspots, wireless routers, Data Link, etc.). You also can’t use our data services in a manner that is unlawful, infringes on intellectual property rights, or harms or unduly interferes with the use of Boost’s network or systems. Our data services may not be used to disrupt email use by others using automated or manual routines, including, but not limited to “auto-responders” or cancel bots or other similar routines; to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, “junk mail,” unsolicited commercial or bulk email, or fax; or for activities adversely affecting the ability of other people or systems to use either Boost’s wireless services or other parties’ internet-based resources, including, but not limited to, “denial of service” attacks against another network host or individual user. We may limit, suspend, constrain, or terminate your Service for use that violates these Terms or for any heavy, continuous data usage or usage that adversely impacts our networks’ performance, hinders access to our networks, or that we determine is necessary to protect our networks from harm or degradation.

 

What About Our Payment Relationship?

As a Boost customer, we want you to understand how we do things, especially how we get your Service set up and what your payment will include.

 

What About My Account Balance?

To keep your account active and avoid service interruption, you must maintain a positive account balance at all times. Account balances are not transferable, redeemable for cash, or refundable. Charges for Services (and applicable fees, surcharges and taxes) are deducted from your account balance unless paid for with a credit card, debit card or Paypal account, as available. There may be limits on your account administration, for example, account balance, number change, and device changes. See the detailed plan or other information we provide or refer you to during the sales transaction (also available at boostmobile.com) for the account status rules that apply to your Service.

 

How Do I Establish or Replenish My Account Balance?

Information on how you can establish and maintain an account balance will be provided at activation and is also available at my.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.

 

What If I Fail to Maintain an Account Balance? 

Your Service will be interrupted if you fail to maintain a positive account balance or timely pay applicable subscription charges for each effective period. For example, if you are on a monthly plan, your effective period means your account balance will be due every month on the day and time (within the hour) that you signed up for service. When your Service is interrupted, you will have a period of time (which varies depending on your service plan) to make payment(s) on your account. If you do not make such payments within this time period, your account will be cancelled. If your account is cancelled, you will lose any phone number, identification number, or email address associated with your account. Reactivation fees will apply if you choose to restart Service after cancellation.

 

Can I Switch Between Service Plans?

Unless we tell you otherwise, you may switch to any current service plan. If you switch service plans, you may not receive a refund of any portion of any previously paid charges and you may lose all of your remaining unused minutes, messages, and data allotment. Some service plans are available only on certain phones. Check boostmobile.com for details and options. Repeated switching is not permitted and may result in termination of service.

 

Are There Other Fees?

We may charge activation, prepayment, reactivation, program, or other fees to establish, change, or maintain Services. Certain transactions may also be subject to a charge (for example, convenience payment, changing phone numbers, handset upgrades, etc.). We will tell you if any fees apply to your requested transaction. Can I Get A Refund of Re-Boost or Monthly Charges? No. We are not responsible for, nor do we refund, or accept returns on, lost, stolen, misused, or damaged Re-Boost cards. Please ask your retailer any questions regarding its return policy. Re-Boost cards must be applied to your account within the time specified on the card. All Re-Boost sales are final and non-refundable regardless of who uses or possesses your mobile phone or Device after you purchase services, and regardless of whether the mobile phone or Device is used with your consent or knowledge.

 

Can I Authorize Other Users

You are responsible for any changes to your Services made by a person you authorize, including adding or removing Services or features to your account, receiving notices and disclosures on your behalf, purchasing Devices for use with our Service, or entering into a new Term Commitment, all of which may result in additional charges, and are considered modifications to this Agreement.

 

Can I Get A Refund of Re-Boost or Monthly Charges?

No. We are not responsible for, nor do we refund, or accept returns on, lost, stolen, misused, or damaged Re-Boost cards. Please ask your retailer any questions regarding its return policy. Re-Boost cards must be applied to your account within the time specified on the card. All Re-Boost sales are final and non-refundable regardless of who uses or possesses your mobile phone or Device after you purchase services, and regardless of whether the mobile phone or Device is used with your consent or knowledge.

 

Can I Authorize Other Users?

You are responsible for any changes to your Services made by a person you authorize, including adding or removing Services or features to your account, receiving notices and disclosures on your behalf, purchasing Devices for use with our Service, or entering into a new Term Commitment, all of which may result in additional charges, and are considered modifications to this Agreement.

 

How Will You Calculate My Charges?

 

Voice Calls

For charges based on the amount of time used, we round up partial minutes to the next full minute. You are charged for connected calls including calls to voicemail and your rate is based on the location of the network equipment providing service and not your device location or area code. Calls begin when you push a button or graphic to initiate the call or when the call connects to the network and they end when you hang up or end the call, or the network connection breaks. Calls may be subject to maximum duration and automatically terminated if exceeded.

 

Data

For charges based on the amount of time used, we round up partial minutes to the next full minute. You are charged for connected calls including calls to voicemail and your rate is based on the location of the network equipment providing service and not your device location or area code. Calls begin when you push a button or graphic to initiate the call or when the call connects to the network and they end when you hang up or end the call, or the network connection breaks. Calls may be subject to maximum duration and automatically terminated if exceeded.

 

What are the Other Fees?

 

Additional Fees

Depending on your Services, charges for additional services may include operator and directory assistance, voicemail, call forwarding, data calls, texts, and internet access.

 

Surcharges

You agree to pay all Boost surcharges (“Surcharges”), including, but are not limited to: Federal Universal Service; Regulatory and Administrative charges; gross receipts charges, and other charges. Surcharges are not taxes and are not legally required; rather they are part of our rates and we choose to collect them from you to recover certain costs. We will provide detail about any Surcharges on your invoice, and we may change them at any time. Information on Surcharges is provided during the sales transaction and is available on our website

 

Does Boost Take Credit Cards?

Yes, and we may keep your credit card information on file. If you provide your credit and debit card information to us at any time, you authorize us to charge your cards until successful for all delinquent amounts you owe us. Boost may obtain updated information from card networks, issuers or other third-party sources.

 

Do I Have To Pay Taxes?

You agree to pay all federal, state, and local taxes, fees, and other assessments that we collect and remit to the government. These charges may change from time to time without advance notice.

 

How Do I Dispute Charges?

You agree to dispute charges on your payment within 60 days, by contacting us in the manner described in your payment. Please remember to pay all undisputed charges on or before your payment’s due date.

 

Do I Have A Software License For The Software On My Device?

Boost grants you a non-exclusive and non-transferable license or sublicense to use software, in accordance with the applicable software licensing terms. No rights are granted to source code. You cannot use any software on behalf of third parties or for time share or service bureau activities and cannot reverse engineer, decompile, modify, or enhance any software. Boost may block or terminate your use of any software if you fail to comply with applicable licensing terms. Boost may revoke this license at any time.

 

How Do Location-Enabled Services Work?

Our networks generally know the location of your Device when it is outdoors and/or turned on. By using various technologies to locate your Device, we can provide enhanced emergency 911 services and optional location-enabled services provided by us or a third party. Network coverage or environmental factors (such as structures, buildings, weather, geography, landscape, and topography) can significantly impact the ability to access your Device’s location information and use of location-enabled services. You agree that any authorized user may access, use, or authorize Boost or third-party location-enabled applications through the Services. You understand that your use of any location-enabled applications is subject to the application’s terms and policies, including its privacy policy. If you activate location-enabled services for Devices used by other authorized users, you agree to inform the authorized user(s) of the terms of use for location-enabled applications and that the Device may be located.

 

Is Calling 911 Or Other Emergency Numbers Different On My Device?

Public safety officials advise that when making 911 or other emergency calls, you should always be prepared to provide your location information. Depending on a number of factors (for example, whether your Device is GPS-enabled, where you are, whether local emergency service providers have upgraded their equipment, etc.), 911 call takers may not know your phone number, your location, or the location of your Device. Sometimes, 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 interactive voice response systems to screen calls. Learn more about E911 Service Limitations.

 

What If My 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. A lost or stolen Device does not affect your Term Commitment, and you will still be responsible for an Early Termination Fee if you terminate Services early. You will still be responsible for any lease or installment payment obligations, as well as any monthly recurring charges associated with the Service on your Device after 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.).

 

Is There A Warranty On My Services?

UNLESS EXPRESSLY PROVIDED IN WRITING OTHERWISE, 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 AND ANY SOFTWARE OR APPLICATIONS ON YOUR DEVICE). WE DON’T PROMISE UNINTERRUPTED OR ERROR-FREE SERVICES AND DON’T AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF. BOOST PROVIDES ALL SOFTWARE AND APPLICATIONS ON AN “AS IS” BASIS WITH ALL FAULTS, ERRORS, AND DEFECTS.

 

Is Boost Responsible For Certain Problems?

You agree that neither we nor any third party involved in providing Services are responsible for any damages, delay, interruption or other failure to perform resulting from: (a) 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 Services, etc.); (b) traffic or other accidents, or any health-related claims relating to our Services; (c) an interruption or failure in accessing or attempting to access emergency services from a Device, including through 911, Enhanced 911 or otherwise; (d) interrupted, failed, or inaccurate location information services; (e) information or communication that is blocked by a spam filter; (f) damage to your Device or any computer or equipment connected to your Device, or damage to or loss of any information stored on your Device, computer, equipment, or Boost storage space from your use of the Services or from viruses, worms, or downloads of malicious content, materials, data, text, images, video, or audio; or (g) 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.

 

What Is Boost’s Liability?

TO THE EXTENT ALLOWED BY LAW, OUR LIABILITY FOR MONETARY DAMAGES FOR ANY CLAIMS THAT 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, MULTIPLE, 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 AND ARBITRATION
Please read this carefully; it affects your rights.

 

How Will We Resolve Disputes?

We want you to be happy with your Boost Services. If, for some reason, we cannot resolve your concern to your satisfaction through calls to our customer care, you and Boost each agree to try to resolve those disputes in good faith after you provide written notice of the dispute as set forth below. If we cannot resolve the dispute, you and Boost agree that we will resolve the dispute through individual binding arbitration or small claims court, instead of courts of general jurisdiction. 

 

Mandatory Arbitration And Waiver Of Class Action

Instead of suing in court, you and Boost agree to arbitrate all Disputes (as defined below) on an individual, non-representative, basis. You agree that, by entering into this Agreement, you and Boost are waiving the right to a trial by jury or to participate in a class action or representative action. This agreement to arbitrate is intended to be broadly interpreted. In arbitration, there is no judge or jury. Instead, a neutral third-party arbitrator resolves Disputes in a less formal process than in court. In arbitration, there is limited discovery and a court review of the arbitrator’s decision is limited. However, just as a court would, the arbitrator must follow the terms of the Agreement and can award damages and relief, including any attorneys’ fees authorized by law. “Disputes” include, but are not limited to, any claims or controversies against each other in any way related to or arising out of our Services or the Agreement, including wireless coverage, Devices, payment services and practices, policies, contract practices (including enforceability), and service, privacy, or advertising claims, 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 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 (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 contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute to Boost should be sent to: General Counsel; 9601 S. Meridian Blvd., Englewood, CO 80112. Boost will provide a Notice of Dispute to you in accordance with the “How Do We Talk To Each Other About The Agreement?” section of this Agreement. Boost will provide you a designated representative to work with to try to resolve your Dispute to your satisfaction. You and Boost agree to make attempts to resolve the Dispute prior to commencing an arbitration or small claims action. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or Boost may commence an arbitration proceeding or small claims action.

 

Appeal Process/ Review by the Puerto Rico Telecommunications Regulatory Board

 

If a Puerto Rico customer is not satisfied with the decision of DISH Wireless Prepaid upon reconsideration, he or she has the right to request review of the company’s decision by the Puerto Rico Telecommunications Regulatory Board (the “Board”). Any petition for review shall be filed in writing with the Board within thirty (30) calendar days after notification of the final determination of DISH Wireless. No extensions will be granted. The petition for review shall contain the following information: (1) Complete name of the complainant and company. Natural persons should include first name and both last names. (2) Physical address and complete mailing address of complainant and company together with telephone number, account number, fax number and email address, if any. (3) Short, concise statement of the facts underlying the claim, whether it constitutes an infringement of Act 213 or Board regulations and should specify applicable laws, if known. (4) Detailed account of steps taken by the customer with the company for settlement of the claim with specific dates and the result of those efforts. (5) Certification that complainant has followed the dispute resolution procedure of the company and provide copies of any documents showing his or her efforts to resolve the matter as well as a copy of the final determination of the company if that exists. (6) Specific mention of charges in dispute, and the date of objection. (7) Alternative remedy or remedies requested and the amount of compensation sought. This written request may be hand-written legibly or typed and signed by the customer. The customer should mail a copy of this request to the company about which he or she is complaining. The written Petition for Review should be sent by mail to the Board at: Puerto Rico Telecommunications Regulatory Board Avenida Roberto H. Todd 500, Parada 18, San Juan, Puerto Rico 00907-3941; It can also be filed during working hours at the Board or sent via electronic means to the Board’s website https://www.jrtpr.gobierno.pr.

 

How Does Arbitration Work?

Unless you and Boost agree otherwise, the arbitration will be conducted by a single, neutral arbitrator and will take place in the county of the last payment address of the Service. The arbitration will be governed by either: (a) rules that we mutually agree upon; or (b) the JAMS Comprehensive Arbitration Rules & Procedures (the “JAMS Rules”), as modified by this agreement to arbitrate, including the rules about the filing, administration, discovery and arbitrator fees. The JAMS rules are available on its website at www.jamsadr.com. Notwithstanding any JAMS Rule to the contrary or any other provision in arbitration rules chosen, by agreement, to govern the 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.

 

  • 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 arbitrate on a class-wide, representative or consolidated basis. 
  • 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, then the entirety of this arbitration provision shall be null and void.
  • We each are responsible for our respective costs, including counsel, experts, and witnesses. Boost will pay for any filing or case management fees associated with the arbitration and the professional fees for the arbitrator’s services.
  • An arbitrator’s award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator’s decision and award is final and binding, with some limited court review under the FAA, and judgment on the award may be entered in any court with jurisdiction.
  • As an alternative to arbitration, we may resolve Disputes in small claims court in the county of your most recent payment address. In addition, this arbitration agreement does not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against Boost on your behalf

 

What About Going To Court?

IF FOR ANY REASON A CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY PROCEEDS IN COURT RATHER THAN IN ARBITRATION, REGARDLESS OF WHETHER THE CLAIM IS AN ACTION, COUTERCLAIM OR ANY OTHER COURT PROCEEDING, WE EACH AGREE THAT TO THE EXTENT ALLOWED BY LAW, THERE WILL NOT BE A JURY TRIAL OR CLASS ACTION AND WE EACH UNCONDITIONALLY (1) WAIVE ANY RIGHT TO TRIAL BY JURY AND (2) WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS, INCLUDING JOINING A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACTITY ON BEHALF OF ANYONE ELSE IN ANY OTHER PROCEEDING.

 

What Happens If Someone Sues Boost Based On Something You Actually Caused?

You agree to indemnify, defend, and hold Boost and our subsidiaries, affiliates, parent companies, vendors, suppliers, and licensors harmless from any claims arising out of or relating to your actions, including, but not limited to, your use of the Service and any information you submit, post, transmit, or make available via the Service; failing to provide appropriate notices regarding location-enabled services; failure to safeguard your passwords, backup question to your shared secret question, or other account information; or violating this Agreement or any policy referenced in this Agreement, any applicable law or regulation, or the rights of any third party.

 

Anything Else?

Subject to federal law or unless the Agreement specifically provides otherwise, this Agreement is governed solely by the laws of the state encompassing the payment address of the Device, without regard to the conflicts of law rules of that state. If either of us waives or doesn’t enforce a requirement under this Agreement in an instance, we don’t 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 isn’t for the benefit of any third party except our corporate parents, affiliates, subsidiaries, agents, and predecessors and successors in interest. You can’t assign the Agreement or any of your rights or duties under it, unless we agree to the assignment. We can assign the Agreement without notice. You cannot in any manner resell the Services to another party. The Agreement and the documents it incorporates make up the entire agreement between us and replaces all prior written or spoken agreements—you can’t 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 (for example, those relating to payment, payment, 911, dispute resolution, no class action, no jury trial) survive termination of Services.

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