Any legal claim related to your use of the Service or the application of these Terms will be governed by the laws of the State of Utah without regard to its conflict of law provisions. Additionally, any such claim will be resolved as follows:
We will first try to resolve any claim informally. Neither party may initiate a formal proceeding for at least 30 days after one party notifies the other of a claim in writing. Notice of the claim will include the name and contact information of the party giving it, the facts giving rise to the claim, and the relief requested. You will send your notice as a written request by email. The Company will send its notice to the primary email address associated with your account.
If we cannot resolve a claim informally, it will be resolved by binding arbitration and not in courts of general jurisdiction. The arbitration will be conducted under the rules of JAMS (Judicial Arbitration and Mediation Services, Inc.) that are in effect at the time the arbitration is initiated, and under these Terms. If there is a conflict between the rules of JAMS and these Terms, these Terms will govern. Arbitration means that you waive your right to a jury trial.
If you decide to initiate arbitration, 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 expenses, such as attorneys’ fees and travel expenses, will be paid in accordance with JAMS rules. The location of arbitration will be Utah County, State of Utah, unless you and the Company both agree to telephonic arbitration.
To start an arbitration, you or the Company must:
- Write a Demand for Arbitration. The demand must include a description of the claim and the amount of damages sought. You can find a copy of a Demand for Arbitration here.
- Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to:
500 N State College Blvd Ste 600
Orange CA 92868-1682
- Send one copy of the Demand for Arbitration to the other party. Our address:
3214 N University Ave #409
Provo UT 84604-4405
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 the Company 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.
If either of us wants to make a legal claim against the other, we will first try to resolve the issue informally. If that doesn't work, we will use arbitration instead of the court system. The location of the arbitration will be Utah, unless we agree to telephonic arbitration.