Dispute Resolution and Arbitration

Informal Dispute Resolution

You agree that before submitting any dispute or claim to arbitration, you and we will make good-faith efforts to resolve it informally, including at least one telephone conversation between you personally and us. Provide as much detail as possible about the nature of the dispute, the basis for your claim, and the remedy you seek, including any monetary amount, so that we can obtain sufficient understanding of the dispute. Within 60 days of receiving this notice, you agree to make good-faith efforts to resolve the dispute, including personally participating in a call with us. If desired, you may have an attorney participate in the telephone conference with you. If the dispute is not resolved within this 60-day period (which may be extended by mutual agreement), you or we may initiate arbitration as provided below to resolve the dispute. Compliance with and completion of this informal dispute resolution process is a precondition to initiating arbitration. You and we agree to toll the statute of limitations and any filing fee deadlines during the parties' participation in this informal dispute resolution process. A court with jurisdiction shall have authority to enforce this precondition in arbitration, including the power to enjoin the filing or prosecution of an arbitration demand.

Arbitration Agreement and Waiver of Certain Rights

If we are unable to resolve the dispute through the mandatory informal dispute resolution process, except as otherwise provided, you and we agree that any dispute, claim, counterclaim, or other controversy between you and us or you and our partners (collectively "Claims") will be resolved through binding final arbitration rather than in court proceedings. This arbitration agreement applies to any existing or future Claims not individually filed in court prior to the date you agree to these Terms. The arbitrator's decision in any such arbitration will be final and binding on the parties and may be enforced in any court of competent jurisdiction. You and we agree that arbitration proceedings will be confidential, and neither the existence of the arbitration nor any element thereof (including but not limited to any pleadings, briefs, or other documents submitted or exchanged, any testimony or other oral submissions, and any award) will be disclosed outside the arbitration proceedings, except as legally required in judicial proceedings related to the arbitration. The arbitrator has exclusive authority to resolve any disputes relating to the interpretation, validity, applicability, enforceability, or formation of this service agreement, including but not limited to claims that all or any part of this service agreement is void or voidable.

Arbitration Initiation and Compromise

To initiate arbitration, you must send us a letter signed by you requesting arbitration and describing your claim, which must be sent at least five (5) days prior to initiating arbitration proceedings against us. Either party to the arbitration may serve a written compromise proposal on any other party to the litigation at any time more than ten (10) days before the arbitration. Compromise proposals under these Terms will be adjudicated and interpreted in accordance with local law.

Class Action Waiver

Neither you nor we may act as a class representative or participate as a member of a class of claimants in any Claim. You may not submit Claims to arbitration on a class, consolidated, or representative basis. The arbitrator may award relief only on your and/or our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated without the prior written consent of the parties. The arbitrator may award the same damages or other relief available under applicable law in arbitration as if the action were brought in court on an individual basis, including injunctive and declaratory relief.

Severability of Provisions

If any provision of this section is found invalid or unenforceable, that specific provision shall have no force or effect and shall be severed, but the remainder of this section shall continue in full force and effect. Waiver of any provision of this section shall not be valid or enforceable unless recorded in writing by the party waiving such right or requirement. Such waiver shall not waive or affect any other portion of these Terms. This part of the Terms shall survive termination of your relationship with us.