Informal Process First. You agree that in the event of any dispute between you and us, you will first contact us and make a good faith sustained effort for at least thirty days to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action.
Arbitration Agreement and Class Action Waiver. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of this Website or any services offered through this Website will be resolved by arbitration. You and we agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect. Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms of Use will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms of Use, you and we are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, you and we will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis. An arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law.
Costs of Arbitration. Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. If the value of your claim does not exceed $10,000, we will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to the mailing address listed at the bottom of these Terms of Use. The notice must be sent to us within thirty (30) days of your registering for an account or agreeing to these Terms of Use, otherwise you shall be bound to arbitrate disputes in accordance with these Terms of Use. If you opt-out of these arbitration provisions, we also will not be bound by them.