Terms of Service

At our sole discretion, we may require you to submit any disputes arising under these Terms, or in connection with your use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration as set forth herein. 

IF WE ELECT TO PURSUE ARBITRATION AS SET FORTH HEREIN, ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THESE TERMS, THE SERVICES (OR ANY PORTION OR ALL OF THE FOREGOING), INCLUDING THE BREACH, TERMINATION OR VALIDITY OF THESE TERMS, SHALL BE FINALLY RESOLVED BY ARBITRATION. THE TRIBUNAL SHALL HAVE THE POWER TO RULE ON ANY CHALLENGE TO ITS OWN JURISDICTION OR TO THE VALIDITY OR ENFORCEABILITY OF ANY PORTION OF THE AGREEMENT TO ARBITRATE.

For any dispute or claim that you have against us, before seeking mediation, arbitration, or any other form of legal relief, you agree to first contact us and attempt to resolve the claim informally by sending a written notice of your claim to us. Such notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Where we receive such a notice, you and we shall attempt in good faith to resolve such claims. The parties agree to maintain the confidential nature of all disputes and disagreements between them, including, but not limited to, informal negotiations, mediation or arbitration, except as may be necessary to prepare for or conduct a dispute resolution procedure or unless otherwise required by law or judicial decision.

If we cannot reach an agreement with you to resolve the claim within thirty (30) days after either party receives a notice for alternative resolution, then either party may submit the dispute to binding arbitration administered by JAMS. If there is a dispute about whether this arbitration provision can be enforced or applies to the dispute, you and us agree that the arbitrator will decide that issue. You and us agree that arbitration under this Agreement will substantially and procedurally be governed by the Federal Arbitration Act, 9 U.S.C. §1, et seq., to the maximum extent permitted by Applicable Law. The arbitration will be administered by JAMS before one (1) arbitrator mutually selected by the parties. Arbitration proceedings will be held in a location agreed upon by the parties, in English, and under the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules may be found at https://www.jamsadr.com/ and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. 

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF, RELATED TO OR CONNECTED WITH THE USE OF THE SERVICES, OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BANNED. IN THE EVENT THAT THE LAW DOES NOT PERMIT THE ABOVE-MENTIONED DISPUTE TO BE RESOLVED THROUGH ARBITRATION, YOU AGREE THAT ANY ACTIONS SHALL BE BROUGHT SOLELY IN A COURT OF COMPETENT JURISDICTION LOCATED WITHIN OR OTHERWISE NEAREST TO NEW YORK, USA. 

YOU UNDERSTAND AND AGREE THAT YOU AND WE MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS. YOU UNDERSTAND AND AGREE THAT YOU AND WE BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING.