Dispute Resolution/Arbitration.
PLEASE READ THIS SECTION CAREFULLY — IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
In order to expedite and control the cost of disputes, you and we agree that any legal or equitable claim arising out of or relating in any way to your use of the
Services or these TOS, and the formation, validity, enforceability, scope, or applicability of this TOS, including this Section 10 (referred to as a “Claim”)
will be resolved as follows:
- Informal Resolution. We will first try to resolve
any Claim informally. Accordingly, neither of us may start a formal proceeding
(except for Claims described in Section 10.4 below) for at least 30 days after
one of us notifies the other of a Claim in writing. Notice of the Claim will
include a brief written statement that sets forth the name, address, and
contact information of the party giving it, the facts giving rise to the
dispute, claim, or controversy and the relief requested. You will send your
notice by email to support@komaso.com AND to
the address listed directly below. For Administrative Users, we will send our
notice to the email AND U.S. mailing address associated with your account, if
any.
Parsage, Inc.
2001 Massachusetts Ave
Washington, DC 20036
- Formal Resolution. Except as provided in Section
10.4, if we cannot resolve a Claim informally, any Claim either of us asserts
will be resolved only by binding arbitration and not in courts of general
jurisdiction. The arbitration will be conducted under the rules of JAMS that
are in effect at the time the arbitration is initiated (referred to as the “JAMS
Rules”) and under the rules set forth in this TOS. If there is a conflict
between JAMS Rules and the rules set forth in this TOS, the rules set forth in
this TOS will govern. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY
TRIAL. You may, in arbitration, seek any and all remedies otherwise available
to you pursuant to your state’s law.
- Human Users. If you are an individual user and you decide to initiate
arbitration on your own behalf as a living person, we agree to reimburse your
arbitration initiation fee, and any additional deposit required by JAMS to
initiate your arbitration. We also agree to pay the costs of the arbitration
proceeding. Other fees, such as attorney’s fees and expenses of travel to the
arbitration, will be paid in accordance with JAMS Rules. The arbitration will
be held at a location in your hometown area unless you and we both agree to
another location or telephonic arbitration. To start an arbitration, you or we
must do the following things:
-
Write a Demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
- Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to:
JAMS
555 13th Street, NWSuite 400 West
Washington, DC 20004
USA
1-202-942-9180
- Send one copy of the demand for arbitration to us at the U.S. mailing
address noted above.
- Legal Entities. If you decide to initiate arbitration on behalf of the company or legal entity you represent, you will be required to pay the arbitration initiation fee as well as any additional deposit required
by JAMS to initiate your arbitration. You also agree to pay the costs of the arbitration proceeding. Other fees, such as attorney’s fees and expenses of travel to the arbitration, will be paid in accordance with JAMS Rules. The
arbitration will be held at a location in your hometown area unless you and we both agree to another location or telephonic arbitration. To start an arbitration, you or we must do the following things:
- Write a Demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered.
You can find a copy of a Demand for Arbitration at www.jamsadr.com
- Send three copies of the Demand for Arbitration, plus the appropriate
filing fee, to:
JAMS
555 13th Street, NW
Suite 400 West
Washington, DC 20004
USA
1-202-942-9180
- Send one copy of the demand for arbitration to us at the U.S. mailing address noted above.
- Special
Rules. In the arbitration proceeding, the arbitrator has no
authority to make errors of law, and any award may be challenged if the
arbitrator does so. Otherwise, the arbitrator’s decision is final and
binding on all parties and may be enforced in any federal or state court
that has jurisdiction. Neither you nor we shall be entitled to join or
consolidate claims in arbitration by or against other individuals or
entities, or arbitrate any claim as a representative member of a class or
in a private attorney general capacity. Accordingly, you and we agree
that the JAMS Class Action Procedures do not apply to our arbitration. A
court may sever any portion of Section 10 that it finds to be
unenforceable, except for the prohibition on class, representative and
private attorney general arbitration.
- Exceptions.
Notwithstanding the foregoing, the notice and 30-day negotiation period
required by this paragraph shall not apply, however, to disputes, claims,
or controversies concerning patents, copyrights, moral rights,
trademarks, and trade secrets and claims of piracy or unauthorized use of
the Service, including disputes involving a violation of the
Communications Act of 1934, 47 U.S.C. § 605, or the Digital Millennium
Copyright Act, 17 U.S.C. § 1201, or the Electronic Communications Privacy
Act, 18 U.S.C. §§ 2510-2521, or any other statement or law governing
theft of service, may be decided only by a court of competent
jurisdiction. You may also assert an individual action in small claims
court in lieu of arbitration.
- Member
Right to Opt Out. If you are a Member, you
have the right to opt-out and not be bound by the binding arbitration
requirement by sending written notice of your decision to opt-out to the
Email address support@komaso.com AND by U.S. Mail to Parsage, Inc., 2001
Massachusetts Avenue, Washington, DC 20036. The notice must be sent
within the later of 30 days of March 1, 2016 or your first use of the
Services, whichever is later. If you opt-out of the binding arbitration
requirement, KOMASO also will not be bound by the requirement.
Administrative Users may not opt-out of the binding arbitration
requirements.
- Changes
to this Section. KOMASO will provide 30 days’
notice of any changes to this section. Changes will become effective on
the 30th day, and will apply prospectively only to any claims arising
after the 30th day.