User Manual

36 General Terms and Conditions of Service v.7-1-13
v.7-1-13 General Terms and Conditions of Service 37
cannot be reached within forty-five (45) days of
receipt of the Notice of Dispute, you or us may
commence an arbitration proceeding or small
claims action.
Arbitration Terms, Process, Rules and Procedures
(1) Unless you and us agree otherwise, the
arbitration will be conducted by a single, neutral
arbitrator and will take place in the county of the last
billing address of the Service. The arbitration will
be governed by either: (a) rules that we mutually
agree upon; or (b) the JAMS Comprehensive
Arbitration Rules & Procedures (the “JAMS Rules”),
as modified by this agreement to arbitrate, including
the rules about the filing, administration, discovery
and arbitrator fees. The JAMS rules are available on
its website at jamsadr.com. Notwithstanding any
JAMS Rule to the contrary or any other provision
in arbitration rules chosen, by agreement, to
govern the arbitration, we each agree that all
issues regarding the Dispute are delegated to the
arbitrator to decide, except that only a court (and
not the arbitrator) shall decide any disagreements
regarding the scope and enforceability of this
agreement to arbitrate.
(2) The Federal Arbitration Act (“FAA”) applies
to this Agreement and arbitration provision. We
each agree that the FAA’s provisions—not state
law—govern all questions of whether a Dispute
is subject to arbitration. To the extent that this
agreement to arbitrate conflicts with the JAMS
Policy on Consumer Arbitrations Pursuant to Pre-
Dispute Clauses Minimum Standards for Procedural
Fairness (the “Minimum Standards”), the Minimum
Standards in that regard will apply. However,
nothing in this paragraph will require or allow you
or us to arbitrate on a class-wide, representative or
consolidated basis.
(3) The arbitrator may award declaratory or injunctive
relief only in favor of the individual party seeking
relief and only to the extent necessary to provide
relief warranted by that party’s individual claim. YOU
AND US AGREE THAT EACH MAY BRING CLAIMS