THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS, PROHIBITS CLASS ACTION CLAIMS. PLEASE READ THESE TERMS CAREFULLY.
By registering your use of the Services (as defined in the Terms of Service), you are accepting to be bound to the terms of this Arbitration Agreement, which has also been incorporated by reference into the Terms of Service. This is a legal agreement between you and Class Action IO, and any Affiliate as defined below (collectively, the “Company”), and is subject to the following terms and conditions:
1. Agreement To Exclusively Arbitrate All Disputes And Claims
1.1 Class Action IO and you agree to exclusively arbitrate all disputes and claims arising in connection with this Agreement and/or the Services. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: (i) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (ii) claims that arose before this Agreement or any prior agreement was adopted; (iii) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and (iv) claims that may arise after any termination or expiration of this Agreement.
1.2. You agree, by entering into these Terms of Service, that you and Class Action IO each are waiving the right to a trial by jury or to participate in a class action. These Terms of Service evidence a transaction in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Terms of Service.
1.3 This Arbitration Agreement supersedes all prior arbitration agreements between you and the Company to the extent permitted under applicable law. This Agreement must be construed to incorporate any and all provisions of applicable law necessary to render it enforceable. If any provision of this Agreement is in conflict with a mandatory provision of applicable law, the conflicting provision must be severed and the remainder of the Agreement must be construed to automatically incorporate the mandatory provision.
1.4 “Affiliate” means any corporation, firm, limited liability company, partnership, or other entity that directly or indirectly controls, is controlled by, or is under common control with Class Action IO, such as parent, subsidiary, or sister company. Claims against the Company subject to this Agreement include Claims against any Affiliate, or any officer, director, or employer (current or former) of Company or Affiliate, or any alleged predecessor, successor, or joint employer.
1.5 1.2 “You” or “Subscriber” shall mean the individual who registered for or otherwise initiated the Services offered by Class Action IO and is assumed by Class Action IO to have the sole authority to administer the subscription. Subscriber shall refer to the purchaser of the Services provided by Class Action IO and shall also include any present or former agent, representative, independent contractor, employee, servant, attorney and any entity or person who had authority to act on his or her behalf.
2. Notice of disputes
2.1. For all disputes and claims, you must first give Class Action IO an opportunity to resolve your dispute or claim by sending a written Notice of Dispute (the “Notice”) to Class Action IO at the following address: Office for Dispute Resolution, Class Action IO, 9440 Santa Monica Blvd., Ste. #301, Beverly Hills, CA 90210. The Notice must (a) describe the nature and basis of the dispute or claim and (b) set forth the specific relief sought (a “Demand”). If Class Action IO and you do not reach an agreement to resolve the dispute or claim within 30 days after Notice is received, you or Class Action IO may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Class Action IO or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Class Action IO is entitled.
2.2. The arbitration will be governed by the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Service and will be administered by the AAA. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator is bound by the terms of these Terms of Service. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms of Service, including but not limited to, any claim that all or any part of these Terms of Service are void or voidable. The payment of all AAA filing, administration and arbitrator fees for any arbitration initiated hereunder will be governed by the AAA Rules.
3. Class Action Waiver
3.1. You and Class Action IO agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. This, however, does not prevent the arbitrator from consolidating more than one person’s claims in a non-class action arbitration proceeding.
3.2. 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.
4. Jury Trial Waiver
4.1. If a claim proceeds in court for any reason (e.g., if an arbitrator has deemed this arbitration agreement to be invalid or for any other reason not contemplated), rather than through arbitration, both you and Class Action IO each waive any right to a jury trial.
5. Governing Law; Jurisdiction
5.1. This Agreement shall be governed by the laws of the State of California without regard to its conflict of law provisions.