Boost Perks is an application Boost provides that allows its users to access a rich collection of resources, including a website, access to vendors of goods and services, various communications tools, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (“Boost Perks App” or “Boost Perks Services”). Boost attempts to be as accurate as possible, but does not warrant that product descriptions, third party links, or other content on the Boost Perks Services is accurate, complete, reliable, current, or error-free. These Boost Perks Service Terms and Conditions apply to your use of and access to the Boost Perks Service (“Boost Perks Terms”). In addition to the Boost Perks Terms, your use of and access to the Boost Perks Service is governed by Boost’s General Terms and Conditions of Service (“Ts&Cs”), www.boostmobile.com/termsandconditions, as well as any other documents or materials that we provide or refer you to as described in the Ts&Cs (collectively, “Agreement”). By using the Boost Perks Service, you are agreeing to or accepting these Boost Perks Terms, and you acknowledge that you have read and understand the Agreement and agree to its terms.
For purposes of interpreting these Boost Perks Terms and the Ts&Cs with respect to the Boost Perks Services, the Boost Perks Services are included in the definition of “Services” in the Ts&Cs. Capitalized terms used and not defined in these Boost Perks Terms are used as defined in the Ts&Cs.
Boost may modify the Boost Perks Services, the Boost Perks Terms, and the Ts&Cs at any time in its sole discretion. When and how Boost will provide you notice of these changes is contained in the Ts&Cs or will otherwise be communicated to you. Any new feature that augments or enhances the current Service, including new releases/upgrades of the Boost Perks Services, are subject to these Boost Perks Terms. Your continued use of the Boost Perks Services following any change will constitute your acceptance of and agreement to be bound by the modified Agreement. If you do not agree with the modifications, your sole and exclusive remedy is to stop using the Boost Perks Services.
You understand and agree that the Boost Perks Services are provided "AS-IS" and that Boost assumes no responsibility for the deletion, or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Boost Perks Services, and your access may involve third-party fees (such as Internet service provider or data charges). In addition, you must provide and are responsible for all equipment necessary to access the Boost Perks Services.
- Mandatory Arbitration. As detailed in the Ts&Cs, you and Boost agree to a mandatory arbitration provision that provides that (except for matters properly brought to small claims court) any claim, controversy, or dispute of any kind between you and Boost must be resolved by final and binding arbitration on an individual and not a class-wide or consolidated basis
- Consent to Electronic and Email Communications. You agree to electronic invoice delivery via email, confirm your ability to access your invoice online, and understand that you can change electronic delivery at any time. You also agree that you will promptly provide Boost with an updated email address if it changes. Boost may use the email address that you provide to communicate with you about the Boost Perks Services. Boost may also use your email to tell you about Boost products and services unless you have asked not to receive marketing emails from Boost. We may also notify you through the Boost Perks App.
- Electronic Signature and Disclosure Consent Notice. You agree to the use of electronic documents and records in connection with your registration for the Boost Perks Services and all future documents and records in connection with the Boost Perks Services—including without limitation this electronic signature and disclosure notice—and that this use satisfies any requirement that we provide you these documents and their content in writing. If you do not agree, do not accept this Agreement. You have the right to receive a paper copy of all documents and records. You may (i) obtain a paper copy of any document or record (free of charge), (ii) withdraw your consent to the use of electronic documents and records, or (iii) update your contact information by calling Customer Care at 866-275-1411 or at boostmobile.com.
- Your Account. You may be required to register for a Boost Perks account on the Boost Perks App in order to take advantage of certain features of the Boost Perks Services. If you choose to register on the Boost Perks App, or if you otherwise provide information on the Boost Perks Services, you agree to (a) provide true, accurate, current and complete information about yourself, (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete, and (c) keep your Boost account active and in good standing. If you provide any information that is false, inaccurate, outdated or incomplete, or Boost has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, or your Boost account is barred, cancelled or suspended, Boost may suspend or terminate your Boost Perks account and may prohibit any and all current or future use of the Boost Perks Service by you. In addition, you may forfeit and immediately lose any unused/redeemed credits and/or benefits associated with your Boost Perks account.
- Your Password. You will receive a password and account designation upon completing the service´s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Boost of any unauthorized use of your password or account or any other breach of security, and (b) Boost recommends that you exit from your account at the end of each session if using a public computer. Boost cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
- Disclaimers. In addition to the general disclaimer of warranties in the Ts&Cs, you agree that EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, DISH WIRELESS MAKES NO WARRANTY THAT (I) THE MY DISH WIRELESS REWARDS SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE MY DISH WIRELESS REWARDS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE MY DISH WIRELESS REWARDS SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MY DISH WIRELESS REWARDS SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DISH WIRELESS OR THROUGH OR FROM THE MY DISH WIRELESS REWARDS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
- Third Party Content.
- Products and services may be made available to you through the use of third-party web sites (“Third-Party Sites”). If you accessed the Boost Perks Services through a link from a Third-Party Site, or if the Boost Perks Services provides links to any Third-Party Sites, you agree that Boost has no control over the content on Third-Party Sites AND YOU ACKNOWLEDGE AND AGREE THAT DISH WIRELESS IS NOT LIABLE FOR THE PRODUCTS AND/OR SERVICES, THE CONTENT, OR OTHER MATERIALS OFFERED ON SUCH THIRD-PARTY SITES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT DISH WIRELESS IS NOT RESPONSIBLE FOR AND DOES NOT OFFER ANY WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, AND RELIABILITY OR ANY OTHER ASPECTS OF PRODUCTS OR SERVICES FROM THIRD PARTIES. YOU RELEASE DISH WIRELESS FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST DISH WIRELESS ARISING FROM YOUR USE OF PRODUCTS OR SERVICES FOUND ON THIRD-PARTY SITES OR OBTAINED FROM THIRD PARTIES.
- In addition, links to Third-Party Sites does not mean that Boost endorses or accepts any responsibility for the content, or the use, of such site. It is your responsibility to take precautions to ensure that whatever you select is free of viruses, worms, Trojan horses, and other items of a destructive nature. Links provided through the Boost Perks Services to Third-Party Sites are provided solely as a convenience to you. If you use these links, you will leave the Boost Perks Services.
- Your correspondence or business dealings with, or participation in promotions of, advertisers or third-parties found on or through the use of the Boost Perks Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers or third-parties. You agree that Boost is not be responsible or liable for any loss or damage of any sort you incur as the result of any such dealings or as the result of the presence of such advertisers or third-parties on the Boost Perks Services.