This arbitration policy relates to disputes relating to the Services and Platform (collectively, “Disputes”). Capitalized terms used but not defined herein have the respective meanings ascribed to such terms in the Company’s Standard Terms and Conditions.
All Disputes will be resolved by binding arbitration in accordance with this arbitration policy. You may not initiate any arbitration proceeding for any Dispute unless and until you have first notified the Company of such Dispute (“Dispute Notice”) and the Company has failed to resolve such dispute within 30 days of receiving the Dispute Notice. Dispute Notices must be sent by email to email@example.com. Arbitration awards may be enforced in any court of competent jurisdiction. The provisions of this paragraph are governed by the provisions of the Federal Arbitration Act, 9 U.S.C. §1, et seq. and will survive settlement of any Dispute.
The rules governing arbitration are different than those in court. Arbitration does not involve a judge or jury and review is limited, but an arbitrator can award the same damages as a court. Except as may otherwise be provided in American Arbitration Association’s Consumer Due Process Protocol that allows consumers to file certain claims in small claims court, you understand that you are giving up your right to a trial in court, either with or without a jury. You also understand that you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle a Dispute.
All arbitration proceedings will be conducted in accordance with the rules of, and will be administered by, the American Arbitration Association under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. All arbitration proceedings will be held in New York, New York, or any other location mutually acceptable to the parties. You may opt-out of this agreement to arbitrate by contacting firstname.lastname@example.org within 30 days of first accepting the Company’s Standard Terms and Conditions and stating that you (include your first and last name) decline this arbitration agreement.
In addition, you agree that you may only resolve Disputes with the Company on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted allowed under our agreement.
If this agreement to arbitrate is found not to apply to you or your claim, section 18(b) of the Company’s Standard Terms and Conditions will control with respect to any judicial proceeding relating to the relevant Dispute.
You acknowledge that proceeding (whether arbitration or judicial) must be filed within 12 months after the date of the event giving rise to such Dispute. All such proceedings are otherwise permanently barred.