PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND WE MAY HAVE AGAINST EACH OTHER ARE RESOLVED.
Customer satisfaction is the foundation of our success. That's why, if a dispute arises between us, our goal is to resolve the dispute quickly in a fair and cost-effective way. Accordingly, we strongly encourage you, before taking any other action, to reach out to us by contacting customer service at 1-866-883-0908 or email@example.com so that we have an opportunity to try to address your concerns.
Otherwise, you and we agree that any dispute, claim or controversy between you and us, including our agents or any representatives acting on our behalf, arising out of or relating to your use of the Site, these Terms & Conditions, or the breach, termination, enforcement, interpretation or validity thereof, or our relationship in connection with the Site or these or previous versions of these Terms & Conditions (each, a "Claim"), shall be resolved in accordance with one of the subsections of this Resolution of Disputes section below or as otherwise mutually agreed by the parties in writing.
GOVERNING LAW; CLAIMS
These Terms & Conditions and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of New York, USA, exclusive of conflict or choice of law rules. Unless otherwise prohibited by applicable law, any Claim must be brought within two (2) years from the date on which such Claim arose or accrued. The preceding sentence does not apply to New Jersey residents.
WAIVER OF TRIAL BY JURY AND CLASS, REPRESENTATIVE, AND PRIVATE ATTORNEY GENERAL ACTIONS
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS AND CONDITIONS, WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. WE ARE ALSO EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING WITH RESPECT TO THE CLAIMS COVERED BY THIS RESOLUTION OF DISPUTES PROVISION, WHETHER SUCH CLAIMS ARE SUBJECT TO MANDATORY ARBITRATION OR ARE BROUGHT IN ANY OTHER COURT OR TRIBUNAL, INCLUDING SMALL CLAIMS, AS SET FORTH BELOW.
Any and all Claims shall be resolved via binding arbitration initiated through JAMS except for claims asserted on an individual basis that are properly filed in a small claims court or other court of competent jurisdiction having a jurisdictional limit of US$10,000 or less.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, except as set forth below, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the Terms & Conditions as a court would.
The arbitration will be governed by the JAMS Streamlined Arbitration Rules & Procedures (the "JAMS Rules") and the JAMS Consumer Arbitration Minimum Standards, as modified by this Agreement, and will be administered by JAMS. The JAMS Rules and Consumer Arbitration Minimum Standards are available online at www.jamsadr.com or by calling JAMS at 1-800-352-5267. If you initiate arbitration and the total amount in controversy is US$100,000 or less, the only fee you shall be required to pay is US$250 (which is less than the current standard JAMS filing fee); all other costs will be borne by the Company. In the event that the arbitrator determines that the claims were frivolous, the arbitrator may award to the prevailing party the costs and attorneys' fees reasonably incurred in connection with the arbitration, except that, in arbitrations proceeding in California, the arbitrator is not empowered to award the prevailing party the fees and costs it incurred in connection with the arbitration.
Notwithstanding the provision above with respect to applicable substantive law, any arbitration conducted pursuant to these Terms & Conditions shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16, the “FAA”) and any dispute about the interpretation of this arbitration clause shall be covered by the FAA. JAMS and the parties must comply with the following rules: (a) the arbitration shall be conducted by a single arbitrator approved by or otherwise affiliated with JAMS; except that if the total amount in controversy is more than US$100,000, either party may request a panel of three arbitrators; (b) the party initiating the arbitration shall choose the form in which they would like the arbitration to be conducted: via telephone, online, solely based on written submissions, or at an in-person hearing; (c) notwithstanding the foregoing, if either party requests an in-person hearing: (i) the arbitrator shall decide whether a hearing is necessary or whether the arbitration should proceed via telephone, online or solely based on written submissions, (ii) if the arbitrator deems that a hearing is necessary, the hearing shall occur at a mutually agreed upon location, or, if the parties are unable to agree on a location, at a location that is selected by the arbitrator and is reasonably convenient to all parties, and (iii) either party may elect to participate in an in-person hearing by phone, unless the arbitrator decides otherwise; (d) the arbitrator may not award any: (i) incidental, indirect or consequential damages, including damages for lost profits, or (ii) punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages described in subparagraphs (d)(i) and (d)(ii); (e) the arbitrator may award injunctive or declaratory relief only in favor of the party seeking relief and only to the extent necessary to provide relief warranted by that party's claim; and (f) unless otherwise mutually agreed by the parties in writing, 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.
The arbitrator shall decide all issues relating to jurisdiction and arbitrability and the interpretation, applicability, formation, existence, validity, scope or enforceability of this Mandatory Arbitration provision. Any and all Claims, if any, determined by the arbitrator not to be within the scope of this Mandatory Arbitration provision must be brought exclusively in a Federal or State court located in New York County, the State of New York, USA. If subparagraph (f) above is found to be unenforceable, then the entirety of this Mandatory Arbitration provision shall be null and void. Judgment on the award issued by the arbitrator may be entered in any court having jurisdiction. This Mandatory Arbitration provision shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
IMPROPERLY FILED CLAIMS
All claims filed or brought that are not in accordance with to this section shall be considered improperly filed. Should a claim be filed by either you or us in manner that is not in accordance with this section, the other party may seek to recover attorneys' fees and costs up to US$5,000, provided that the other party has been notified in writing of the improperly filed claim, received fourteen days to withdraw such claim, and fails to do so.