Quick start guide

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address set forth in the “Notices and Contact” section above. If we initiate the
arbitration, we will notify you in writing at your then current billing address and
send you a text message or (if your account is closed) the last address at which
we contacted you. Any arbitration hearing that you attend will be held at a place
chosen by the arbitrator or arbitration administrator at the time the claim is filed.
We agree that we will not elect to arbitrate an individual Claim that you bring
against us in small claims court or your state’s equivalent court, if any; however, if
that Claim is transferred or appealed to a dierent court, we reserve our right to
elect arbitration. Unless otherwise provided by applicable law, neither party has
the right to bring a Claim or other legal action under these Terms and Conditions
more than two (2) years after the cause of action arose. We each agree that
the Agreement aects interstate commerce so that the FAA (as defined below)
apply (despite the choice of law provision in Section 21).
(d) You may obtain copies of the current rules of each of the three arbitration
administrators named above, and other related materials, including forms and
instructions for initiating arbitration, by contacting the arbitration administrators
as follows:
American Arbitration Association
1633 Broadway, 10th Floor
New York, New York 10019
www.adr.org
1-800-778-7879
(e) This arbitration agreement shall be governed by the Federal Arbitration Act and
federal arbitration law (collectively the “FAA”), and shall be conducted under the
applicable procedures and rules of the arbitration administrator that are in eect
on the date the arbitration is filed unless this arbitration provision is inconsistent
with those procedures and rules, in which case this Agreement will prevail. These
procedures and rules may limit the amount of discovery available to you or us.
The arbitrator will apply applicable substantive law consistent with the FAA and
applicable statutes of limitations, and will honor claims of privilege recognized at
law. Judgment upon any arbitration award may be entered in any court having
jurisdiction. At your written request, we will consider any requests to advance or
reimburse any arbitration filing fee, administrative and hearing fees that you are
required to pay to pursue a Claim in arbitration. The arbitrator will decide who will
ultimately be responsible for paying those fees. In no event will you be required to
reimburse us for any arbitration filing, administrative, or hearing fees in an amount
greater than what your court costs would have been if the Claim had been resolved
in court.
(f) No class claims, including class actions, class arbitrations, other representative
actions, or joinder or consolidation of any Claim with a Claim of any other person
or entity shall be allowable in arbitration, without the written consent of both
you and us (“Class Action Waiver”). This arbitration agreement survives the
termination of this Agreement or the Service relationship; provided, however,
if any portion of this “Arbitration; Dispute Resolution” section cannot be enforced,
that portion will be severed, and the rest of the “Arbitration; Dispute Resolution”
section will continue to apply, provided that the entire “Arbitration; Dispute
Resolution” section shall be null and void if the Class Action Waiver is held to be
invalid or unenforceable with respect to any class or representative Claim, subject to
any right to appeal such holding.
(g) IF ARBITRATION IS CHOSEN BY YOU OR US WITH RESPECT TO A CLAIM,
NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM
THROUGH A COURT. IF ARBITRATION IS CHOSEN, YOU AND WE WILL NOT HAVE
RIGHTS THAT ARE PROVIDED IN COURT INCLUDING THE RIGHT TO A TRIAL BY
JURY AND THE RIGHT TO PARTICIPATE OR BE REPRESENTED IN LITIGATION
FILED IN COURT SUCH AS CLASS ACTION LITIGATION. OTHER RIGHTS
INCLUDING THE RIGHT TO DISCOVERY AND THE RIGHT TO APPEAL ARE ALSO
JAMS
1920 Main Street, Suite 300
Irvine, CA 92614
www.jamsadr.com
1-800-352-5267
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