Mandatory Arbitration

All disputes or claims ("Claims") shall be resolved through binding arbitration initiated through JAMS (Judicial Arbitration and Mediation Services, Inc.), except for Claims that are properly filed on an individual basis in a small claims court or another court of competent jurisdiction with a jurisdictional limit of $10,000 or less.

Arbitration is a more informal process than a lawsuit in court. It is conducted by a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is highly limited. However, except as noted below, an arbitrator may award the same individual damages and relief as a court would and must apply these Terms & Conditions accordingly.

Arbitration Process & Rules

The arbitration will be governed by the JAMS Streamlined Arbitration Rules & Procedures ("JAMS Rules"), as modified by this Agreement.
JAMS will administer the arbitration. The JAMS Rules are available online at www.jamsadr.com or by calling 1-800-352-5267.
If you initiate arbitration and the total amount in controversy is $100,000 or less, your only required fee will be $250 (lower than the standard JAMS filing fee). All other arbitration costs will be covered by the Company.
If the arbitrator determines the claim was frivolous, they may (except in California) require the losing party to pay reasonable attorneys’ fees and costs incurred in the arbitration.

Governing Law & Arbitration Rules

Notwithstanding the governing law clause above, arbitration under these Terms & Conditions shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).
Arbitration shall be conducted by a single arbitrator affiliated with JAMS. However, if the total amount in controversy exceeds $100,000, the defendant may request a panel of three arbitrators.
The party initiating arbitration may choose how the arbitration will be conducted:
- Via telephone, online, written submissions, or an in-person hearing.
- If an in-person hearing is requested, the arbitrator will determine whether a hearing is necessary and, if so, will set a location that is mutually agreed upon or reasonably convenient for all parties.
- Either party may opt to participate in an in-person hearing by phone, unless the arbitrator decides otherwise.

Limitations on Arbitration Awards

The arbitrator may not award:
- Incidental, indirect, or consequential damages, including lost profits.
- Punitive or exemplary damages, except as permitted by law.
The arbitrator may only grant injunctive or declaratory relief in favor of the individual party seeking relief and only to the extent necessary to resolve that specific Claim.
No class actions: Unless both parties mutually agree in writing, the arbitrator may not consolidate multiple Claims or preside over any class action or representative proceeding.
The arbitrator may not decide issues related to arbitrability, scope, or enforceability of this arbitration provision—only a court of competent jurisdiction may determine these matters.

Severability & Final Judgment

If the class action waiver (subparagraph (f) above) is found unenforceable, then this entire Mandatory Arbitration provision shall be null and void.
A final arbitration award may be entered in any court with jurisdiction.
This arbitration provision does not prevent either party from seeking provisional remedies in court to aid in the arbitration process.

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