TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS AND SERVICES
Date last updated: March 21, 2025
- THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE READ THE DISPUTES RESOLUTION PROVISION BELOW CAREFULLY BECAUSE IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH NĀ HOO'NĀ HOU INC. D/B/A JETBOOST (“JETBOOST”) OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these "Terms") apply to the purchase and sale of Jetboost’s products and services (the “Product”) through https://www.jetboost.io/ (the "Site"). These Terms are subject to change by Nā hoo'nā hou Inc. d/b/a Jetboost (referred to as “Jetboost”, "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. As outlined in its Privacy Policy, Jetboost uses Stripe to complete all its purchases. The latest version of these Terms will be posted upon purchase through Stripe, and you should review these Terms before purchasing the Product. Your continued purchase of the Product after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for the Product. The terms of the Privacy Policy also apply.
- Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Jetboost LLC and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by visiting support@jetboost.io or calling our Customer Service Department at +1 406-200-8130.
- Prices and Payment Terms.
- All prices posted on this Site are subject to change only upon your subscription renewal. We will send you an email seven (7) days before your renewal containing advanced notice of any price changes, if applicable. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
- Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. When you come to purchase the Product through the Site, you will be redirected to Stripe to complete your transaction. We accept all major forms of credit card for all purchases. You represent and warrant that (i) the credit card information you supply to us via Stripe is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
- Shipments; Delivery; Title and Risk of Loss.
- We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
- Title and risk of loss pass to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
- Returns and Refunds. Except for any products designated on the Site as non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within thirty (30) days of delivery. Any refunds or returns will result in your inability to access any material that is charged by us for a fee. You may request the deletion of your account by following the steps below. Otherwise, your account will be deleted by us after seven (7) days of your return or refund request. To return products, you need to follow these steps:
- Contact us at support@jetboost.io, or call our Customer Service Department at +1 406-200-8130 with a return request.
- Provide us valid proof of your original purchase (email is sufficient) and reason for return.
- Please note that it can take up to ten (10) banking days for your bank or credit card company to process and post the refund.
Refunds are processed within approximately ten (10) business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
- Modification and Termination. Jetboost reserves the right to modify or discontinue Jetboost, either temporarily or permanently, at any time and with or without notice. You agree that Jetboost shall not be liable to you or any third party for any modification, suspension, or discontinuance of Jetboost.
These Terms and Conditions are effective until terminated by Jetboost. Jetboost may, at its sole discretion, deny you access to all or part of Jetboost at any time and for any reason, with or without notice. If your access to Jetboost is terminated, these Terms and Conditions will be, except as provided otherwise, terminated as well, and your rights to access Jetboost will immediately cease. However, certain provisions of these Terms and Conditions will still apply even after termination, including Sections 7 through 20, including, but not limited to, the Agreement to Arbitrate and Waiver of Class Action Claims provisions. Termination of your account may also result in the deletion of your account and any content associated with it, at Jetboost's sole discretion. - LIMITED WARRANTY.
These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for the Product. The terms of the Privacy Policy also apply.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.WE WARRANT THAT DURING THE ONE (1) YEAR WARRANTY PERIOD, THE SERVICES PURCHASED FROM THE SITE WILL BE PERFORMED IN A WORKMANLIKE AND PROFESSIONAL MANNER AND IN ACCORDANCE WITH GENERALLY RECOGNIZED INDUSTRY STANDARDS FOR SIMILAR SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN SOLE RISK AND THEY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, JETBOOST, ITS AFFILIATES, OFFICERS, AND EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PLEASE NOTE THAT THE DISCLAIMERS IN THIS PARAGRAPH MAY NOT APPLY TO YOU IF PROHIBITED BY THE LAWS OF YOUR JURISDICTION. JETBOOST, LLC MAKES REASONABLE EFFORTS TO MAINTAIN THE AVAILABILITY OF JETBOOST BUT CANNOT GUARANTEE UNINTERRUPTED ACCESS TO THE PLATFORM AT ALL TIMES. PLEASE ALSO SEE THE TERMS OF USE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN THEIR FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY THEM WOULD HAVE MATERIALLY AFFECTED THEIR SETTLEMENT WITH THE DEBTOR." THIS RELEASE INCLUDES THE CRIMINAL ACTS OF OTHERS.
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THE APPLICABLE LIMITED WARRANTY.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG A PARTICULAR TYPE OF WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, LICENSORS, AGENTS, REPRESENTATIVES, OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
- Who May Use This Warranty?
This limited warranty extends only to the original purchaser of products and services from the Site. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.
- What Does This Warranty Cover?
This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products and services purchased from the Site.
- What Does This Warranty Not Cover?
This limited warranty does not cover any damages due to:- improper use;
- failure to follow the product instructions or to perform proper preventive maintenance;
- modifications;
- Prohibited Uses as outlined in our Terms of Use;
- combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by Jetboost, LLC;
- external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
- What Is the Period of Coverage?
This limited warranty starts on the date of your purchase and while your subscription with us is active (the "Warranty Period"). This Limited Warranty does not apply to free services or services designated as in “Beta”. The Warranty Period is not extended if re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
- What Are Your Remedies Under This Warranty?
With respect to any defective services during the Warranty Period, we will, in our sole discretion, either: (i) repair or re-perform the defective services free of charge or (ii) refund the purchase price of such services.
- How Do You Obtain Warranty Service?
To obtain warranty service, you must visit email support@jetboost.io or call our Customer Service Department at +1 406-200-8130 during the Warranty Period.
- Limitation of Liability
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE OR APP, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT AND WHETHER OR NOT FORESEEABLE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- What Can You Do in Case of a Dispute with Us?
The informal dispute resolution procedure detailed in the Dispute Resolution and Binding Arbitration below and is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.
- Intellectual Property Use and Ownership. You acknowledge and agree that:
- All uses on this Site of the terms "sell," "sale," "resell," "resale," "purchase," "price" and the like, and any transfers to You, mean the purchase or sale of a license to you that is terminable by Jetboost in accordance with the license terms. Each product and service marketed on this Site is made available solely for license, not sale, to you and other prospective customers under the terms, conditions, and restrictions of the license agreement \[posted with/made available to you through a link accompanying\] the display or description of that specific product or service. No right to grant sublicense is granted to You by Jetboost or any license terms.
- You will comply with all terms and conditions of the specific license agreement for any product or service you obtain through this Site, including, but not limited to, all confidentiality obligations and restrictions on use, reverse engineering, copying, making, modifying, improving, sublicensing and transfer of those licensed products and services.
- You will not cause, induce, assist in, or permit others' noncompliance with the terms and conditions of any of these product and service license agreements.
- As between you and Jetboost, and subject to the warranty disclaimers in these terms, Jetboost, LLC or its relevant licensor is and will remain the sole and exclusive owner of all Intellectual Property rights in and to each product and service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related trade secrets, confidential information, copyrights, patents, trademarks, service marks, trade dress, design rights, indicia of association or approval by Jetboost, and other Intellectual Property rights, subject only to the limited, terminable license granted under the product's or service's license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through this Site, or of any intellectual property rights relating to those products or services. As used in these Terms, “Intellectual Property” means all intellectual, industrial, and proprietary rights, wherever they have effect, including but not limited to: (a) rights in concepts, discoveries, techniques, and inventions (whether or not patentable and whether or not reduced to practice); (b) patents and all patent applications, including, without limitation, continuations, continuations-in-part, divisionals, provisionals, reexaminations, reissue applications, and renewals; (c) copyrights, whether registered or unregistered and all other rights corresponding or related thereto, e.g., neighboring rights and copy control information; (d) design rights whether registered, unregistered or patented; (e) trade names, trademarks, service marks, certification marks, collective marks and trade dress (including, without limitation, any word, symbol, product configuration, icon, logo, and all goodwill associated therewith), along with any registrations therefore and applications for registration thereof; (f) trade secrets, confidential or proprietary information, and know how; (g) industrial designs and any registrations and applications therefore; (h) rights of publicity, privacy, and any comparable rights; (i) droit moral and moral rights; (j) any similar, corresponding, or equivalent rights to any of the foregoing rights listed above in (a) through (i) whether now or in the future established or recognized by legislation, regulation or case law.
- Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
- Force Majeure. Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s ("Impacted Party") reasonable control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, epidemics, pandemics, cyber related incidents, security related incidents, network disruptions, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades or supply chain disruptions in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events beyond the control of the Impacted Party. The Impacted Party shall give notice within three (3) days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party's failure or delay remains uncured for a period of thirty (30) consecutive days following written notice given by it under this Section 16, the other party may thereafter terminate this Agreement upon thirty (30) days' written notice.
- Governing Law, Jurisdiction and Venue.</ins> Except to the extent preempted by the Federal Arbitration Act ("FAA"), these Terms And Conditions For The Online Sale Of Goods And Services and all disputes between the parties are governed, construed, enforced, and remedied in accordance with the state of Hawaii’s law without regard to conflict of law provisions. Except as provided in the Dispute Resolution and Binding Arbitration Section, below, or to the extent preempted by the FAA, both parties further consent to the personal jurisdiction of and exclusive venue in the federal and state courts in Honolulu, Hawaii as the legal forum for any dispute between them. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. If the arbitration agreement is ever deemed unenforceable or void, or a dispute between the parties is not subject to arbitration, you irrevocably consent to the exclusive jurisdiction of the federal and state courts in Honolulu, Hawaii, United States of America, for purposes of any legal action arising out of or related to the use of the Site or these Terms, and you waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to: (a) inconvenient forum or (b) any other basis or any right to seek to transfer or change venue of any such action to another court.
- Dispute Resolution and Binding Arbitration.
PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
- Binding Arbitration. This provision is intended to be interpreted broadly. Any dispute or claim arising out of or relating to these Terms, your use of the Site, or your relationship with Jetboost or any past, present, or future subsidiary, parent or affiliate company or companies, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, (“Dispute”) will be resolved through binding individual arbitration, except that either of us may take a Dispute to small claims court so long as it isn’t removed or appealed to a court of general jurisdiction. Dispute shall include, but not be limited to: (a) any dispute or claim that arose before the existence of these or any prior Terms (including, but not limited to, claims relating to advertising); (b) any dispute or claim that is currently the subject of purported class action litigation in which you are not a member of a certified class; and (c) any dispute or claim that may arise after termination of these Terms. Dispute, however, does not include disagreements or claims concerning Intellectual Property. Intellectual Property matters may be pursued as generally authorized under applicable law, e.g., in courts and in appropriate agencies. The arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (a) issues that are reserved for a court in these Terms; (b) issues that relate to the scope, validity, and enforceability of the arbitration agreement, class action waiver, or any of the provisions of this Dispute Resolution section; and (c) issues that relate to the arbitrability of any Dispute. These Terms and this arbitration agreement do not prevent you from bringing a Dispute to the attention of any government agency. You and we agree that these Terms evidence a transaction in interstate commerce and that this arbitration agreement will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law.
- Informal Dispute Resolution Process. You and Jetboost agree to work together in an effort to informally resolve any Dispute between us. The party initiating the Dispute must send the other a written notice of the Dispute that includes all of this information: (a) information sufficient to identify any transaction and account at issue; (b) contact information (including name, address, telephone number, and email address); and (c) a detailed description of the nature and basis of the Dispute and the relief sought, including the basis and calculations of the claim amount. The notice must be personally signed by the party initiating the Dispute (or their counsel, if represented). If you have a Dispute with Jetboost, you must send Notice to: Pierson Ferdinand LLP, ATTN: DISPUTE NOTICE, via email to privacy@pierferd.com. If we have a Dispute with you, we will send Notice to the most recent contact information you provided. For a period of thirty (30) days from receipt of a completed Notice (which can be extended by agreement of the parties), you and Jetboost agree to negotiate in good faith in an effort to resolve the Dispute without resort to formal dispute resolution processes. The party receiving the Notice may request a telephone settlement conference to aid in the resolution of the Dispute. If such a conference is requested, you and a Jetboost representative will personally attend (with counsel, if represented). The conference will be scheduled for a mutually convenient time, which may be outside of the thirty (30) day period. Completion of this Mandatory Informal Dispute Resolution Process (“Process”) is a condition precedent to initiating a claim in arbitration. If the sufficiency of a Notice or compliance with this Process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and any arbitration shall be stayed. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with this Process in arbitration. All applicable limitations periods (including statutes of limitations) will be tolled from the date of receipt of a completed Notice through the conclusion of this Process. You or Jetboost may commence arbitration if the Dispute is not resolved through this Process.
- General Arbitration Process. The arbitration of any Dispute shall be administered by and conducted in accordance with the rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules (as applicable) (“AAA Rules”), as modified by this arbitration agreement. The AAA Rules are available online at www.adr.org. You and Jetboost understand and agree that the AAA’s administrative determination that this arbitration agreement comports with the Consumer Due Process Protocols is final and that neither a court nor an arbitrator has the authority to revisit it. If the AAA is unavailable or unwilling to administer the arbitration consistent with this arbitration agreement, the parties shall agree on an administrator that will do so. If the parties cannot agree, they shall petition a court of competent jurisdiction to appoint an administrator that will do so.
- An arbitration demand must be accompanied by a certification of compliance with the Process and be personally signed by the party initiating arbitration (and counsel, if represented). By submitting an arbitration demand, the party and counsel represent that, as in court, that they are complying with the requirements of Federal Rule of Civil Procedure 11(b). The arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel. You may choose to have the arbitration conducted by a phone, video, or in-person hearing, or through written submissions, except any Dispute seeking thirty thousand US dollars (US $30,000) or more, or injunctive relief, shall have an in-person or video hearing unless the parties agree otherwise. You and we reserve the right to request a hearing in any matter from the arbitrator. You and a Jetboost representative will personally appear at any hearing (with counsel, if represented). Any in-person hearing will be held in the county or parish in which you reside or at another mutually agreed location. An arbitrator may award on an individual basis any relief that would be available in a court, except that no injunction shall require that Jetboost discontinue its business in the normal course or suffer damage in excess of the reasonable amount of your claim. To the fullest extent allowable by applicable law, you and Jetboost agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. Further, unless both you and Jetboost agree otherwise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. An arbitrator must follow and enforce these Terms as a court would. If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, consolidated, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such a claim or request for relief will be decided by a court of competent jurisdiction, after all other claims and requests for relief are arbitrated.
- Arbitration Opinion. The arbitrator shall issue a reasoned written decision sufficient to explain essential findings and conclusions. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Judgment on any arbitration award may be entered in any court of competent jurisdiction, except an award that has been satisfied may not be entered. An award shall have no preclusive effect in any other arbitration or proceeding in which you are not a named party.
- Costs of Arbitration. Payment of arbitration fees will be governed by the AAA Rules and fee schedule. You and we agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. Therefore, you or Jetboost may elect to engage with the AAA regarding arbitration fees, and you and Jetboost agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.
- Additional Procedures for Multiple Case Filings. You and Jetboost agree that these Additional Procedures for Multiple Case Filings (in addition to the other provisions of this arbitration agreement) shall apply if you choose to participate in a Multiple Case Filing. If twelve (12) or more similar Disputes (including yours) are asserted against Jetboost by the same or coordinated counsel or are otherwise coordinated (“Multiple Case Filing”), the resolution of your Dispute might be delayed and ultimately proceed in court. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties’ and the AAA’s resources.
If your claim is part of a Multiple Case Filing, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that your Dispute is first submitted to the AAA until your Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.
PHASE ONE: If at least one hundred (100) Disputes are submitted as part of the Multiple Case Filing, counsel for the claimants and counsel for Jetboost shall each select fifty (50) Disputes to be filed and to proceed as cases in individual arbitrations as part of this initial staged process. The number of Disputes to be selected to proceed in Phase One can be increased by agreement of counsel for the parties (and if there are fewer than one hundred (100) Disputes, all shall proceed individually in Phase One). Each of the one hundred (100) or fewer cases shall be assigned to a different arbitrator and proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Phase One. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this initial set of proceedings, counsel for the parties shall participate in a global mediation session with a retired federal or state court judge jointly selected by counsel in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Phase One), and Jetboost shall pay the mediator’s fee.
PHASE TWO: If the remaining Disputes have not been resolved at the conclusion of Phase One, counsel for the claimants and counsel for Jetboost shall each select one hundred (100) Disputes per side to be filed and to proceed as cases in individual arbitrations as part of a second phase process. The number of Disputes to be selected to proceed as part of this second phase process can be increased by agreement of counsel for the parties (and if there are fewer than two hundred (200) Disputes, all shall proceed individually in Phase Two). No more than five (5) cases may be assigned to a single arbitrator to proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Phase Two. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this second set of phase two proceedings, the parties shall engage in a global mediation session of all remaining Disputes with a retired US federal or state court judge jointly selected by counsel in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Phases One and Two), and Jetboost shall pay the mediator’s reasonable fee.
Upon the completion of the mediation set forth in Phase Two, each remaining Dispute (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of the Terms. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining Disputes in individual arbitrations consistent with the process set forth in Phase Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually-agreeable process. A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Multiple Case Filings, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees.
THE ADDITIONAL PROCEDURES FOR MULTIPLE CASE FILINGS PROVISION AND EACH OF ITS REQUIREMENTS ARE ESSENTIAL PARTS OF THIS ARBITRATION AGREEMENT. IF, AFTER EXHAUSTION OF ALL APPEALS, A COURT OF COMPETENT JURISDICTION DECIDES THAT THE ADDITIONAL PROCEDURES FOR MULTIPLE CASE FILINGS APPLY TO YOUR DISPUTE AND ARE NOT ENFORCEABLE, THEN YOUR DISPUTE SHALL NOT PROCEED IN ARBITRATION AND SHALL ONLY PROCEED IN A COURT OF COMPETENT JURISDICTION CONSISTENT WITH THE REMAINDER OF THE TERMS.
- Changes to Arbitration Agreement. If Jetboost makes any future changes to this arbitration agreement (other than a change to Jetboost ’s contact information), you may reject any such change by sending your personally signed, written notice to the following address within thirty (30) days of the change to:
NĀ HOO'NĀ HOU INC. D/B/A JETBOOST ATTN: DISPUTE NOTICE by sending an email to privacy@jetboost.io.
Such written notice does not constitute an opt out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and Jetboost in accordance with this version of the arbitration agreement.
CLASS ACTION WAIVER AND JURY TRIAL WAIVER
YOU AND JETBOOST EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. YOU AND JETBOOST AGREE TO WAIVE ANY RIGHT TO BRING OR TO PARTICIPATE IN SUCH AN ACTION IN ARBITRATION OR IN COURT TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, THE PARTIES RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT.
TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, YOU AND WE WAIVE THE RIGHT TO A JURY TRIAL.
- No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Jetboost, LLC.
- Assignments, Transfers & Delegation. You will not assign or transfer any of your claims to rights and you will not delegate any of your obligations under these Terms without our prior written consent. Any purported transfer, assignment or delegation in violation of this is null and void at the option of Jetboost. No transfer, assignment or delegation relieves you of any of your obligations under these Terms. Jetboost may transfer or assign its rights and claims under these Terms and may delegate any of its obligations under these Terms.
- No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
- Notices.
- To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
- To Us. To give us notice under these Terms, you must contact us as follows: (i) by email to [privacy@jetboost.io](mailto:privacy@jetboost.io)
We may update the email address or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by email transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
- Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
- Construction. The parties agree that they have had full opportunity to consider these terms and to seek assistance in that consideration. Therefore, ambiguities, if any, shall not be construed against the drafter. All sections headings and subheadings are for convenience only and do not limit the applicability of any terms.
- Entire Agreement. These Terms, the license terms relating to any product or service you obtain on or through this Site, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters referenced in these Terms.
