HomeTerms and Condition

15. Arbitration Agreement & Waiver of Certain Rights

We also both understand that as long as this paragraph remains valid, and except the matters below, you or your agent shall address all Claims against you or your agent to final and binding arbitration administered under the Consumer Arbitration Rules of the American Arbitration Association instead of court litigation. This arbitration agreement extends to all currently outstanding or future Claims that have not been lodged personally by you before a public court of law as of the date on which you according to these Terms. The AAA Rules can be obtained from the World Wide Web by typing www.adr.org or, by phoning 1-800-778-7879. As Legal Parties, you and we both agree to waive any right to a jury trial about any Claim. The arbitration will be a singular one where the single arbitrator will hear and make the final decision. Any such arbitrator shall be final and binding on the parties and may be enforced in any court of law. As stated earlier both you and we acknowledge that the arbitration proceeding would be confidential we also agree that the existence of the proceeding as well as any aspect of the proceeding would be disclosed to any third party us the arbitration proceedings, necessary in the judicial proceedings the proceeding, the disclosure rules and regulation of the security’s regulatory authorities and any other government agency or as permitted by law. This agreement is governed by the Federal Arbitration Act and federal arbitration law. Instead, any dispute arising out of or related to the scope, applicability, interpretation, enforceability or formation of these Terms, including a claim that all or any part of the Terms is void or voidable, shall be governed exclusively by the arbitrator.

To commence an arbitration process, you must serve us an individual written request for arbitration containing your web claim- GOGETFIX.COM This notice must be served, at least five days before Stew can start arbitration proceedings against us.

Either party to the arbitration may, at any time more than 10 days before the commencement of arbitration, give a written offer of compromise to any other party to the action. Settlement offers made under these Terms will be enforced and construed by section 998 of the California Code of Civil Procedure.

If you show that the cost of the arbitration would be too high as compared to the cost of litigation, we shall be prepared to bear such portion of the administrative costs and the fees of the arbitrator as may be required to make the cost of the arbitration not prohibitive as far as the arbitrator may feel it necessary. In the last award, the costs of arbitration and the fees of the arbitrator may be divided among the parties to meet such amounts as the arbitrator considers fit.

Under this arbitration agreement, you or we can still file an action with any federal, state, or local governmental or administrative agency. You and we also have the right to assert or transfer to, small claims court any qualifying claims. Furthermore, you and we also have the right to approach any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and your request of such relief shall not be construed as inapposite to these Terms nor as a waiver of the right to have disputes referred to arbitration under these Terms.

Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, concerning any Claim. You may not bring Claims in arbitration on a class, consolidated or representative basis. The arbitrator can decide only your and/or our Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated without prior written consent of the parties. If for any reason a claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief as if the action were brought in court on an individual basis. The arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either you or we seek a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.

THIS SECTION WAIVES CIVIL JURY TRIAL RIGHTS, THE RIGHT TO BRING ANY COURT ACTION, THE RIGHT TO PARTICIPATE IN ANY CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO DISCOVERY OTHER THAN BY AAA RULES, AND THE RIGHT TO DAMAGES AND OTHER EQUITIES. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. If any part of these paragraphs is held by a court of competent jurisdiction to be invalid or unenforceable, then the invalid or unenforceable provision may be eliminated to the extent that it is invalid or unenforceable, without any effect on the remainder of the paragraphs herein contained. This Section of these Terms will continue in full force despite the termination of your relationship with us.