This Policy governs how disputes shall be resolved that arise under the Terms of Service, or the use of our Platform, and the rights and obligations entailed by both parties. You should read this section carefully and be sure you understand and regularly review or re-read it to remain fully informed of any changes governing this agreement. This Policy is a constituent of our Terms, and incorporates its terminology.
If the user is a citizen, or resident, of the United States, or any insular possession of the United States, the user agrees as follows:
- Claims Subject to Arbitration: Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
- Number of Arbitrators: Claims shall be heard by a single arbitrator.
- Place of Arbitration: The place of arbitration shall be Kent County, Delaware.
- Controlling Law: The arbitration shall be governed by the laws of the State of Delaware.
- Limits on Discovery: If the dispute is less than $100,000 there shall be no discovery other than the exchange of documents. If the dispute is over $100,000, discovery shall consist of no more than 1 deposition of 4 hours or less. In making determinations regarding the scope of exchange of electronic information, the arbitrator(s) and the parties agree to be guided by The Sedona Principles, Third Edition: Best Practices, Recommendations & Principles for Addressing Electronic Document Production.
- No Oral Argument: The arbitration will be based only on the submission of documents and there shall be no in-person or oral hearing.
- Length of Proceeding: Time is of the essence for any arbitration under this agreement and arbitration hearings shall take place within 90 days of filing and awards rendered within 120 days. Arbitrator(s) shall agree to these limits prior to accepting appointment. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section.
- Award Limited: Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount.
- Expenses: Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration. The award of the arbitrators shall be accompanied by a reasoned opinion.
- Confidential Proceeding: Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
- Effect of Failure to Pay: The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such an event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.
All users that are not citizens, or residents of the United States, hereby agree as follows:
- Claims Subject to Arbitration: Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules.
- Number of Arbitrators: All disputes shall be heard by a single arbitrator.
- Place of Arbitration:The place of arbitration shall be Kent County, Delaware, USA.
- Limits on Discovery: Consistent with the expedited nature of arbitration, pre-hearing information exchange shall be limited to the reasonable production of relevant non-privileged documents explicitly referred to by a party for the purpose of supporting relevant facts presented in its' case, carried out expeditiously.
- Confidential Proceeding: Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of (all/both) parties.
Notwithstanding the above, we may provide additional guidance on our understanding, definition, and interpretation of this Arbitration Policy through other means and channels as we see fit, including in particular through official technical and customer support channels and published memoranda, in addition to modifications to this Policy and these Terms.
We will endeavour to provide forthright and clear guidance on how best to use, and avoid the misuse of, our Service. If you have any questions or concerns about these Terms or the Arbitration Policy, please reach out to us at [email protected] or through other official support channels.
Last Updated: September 30, 2021