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shall be determined by binding arbitration instead of in courts of
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allows for more limited discovery than in court, and is subject to very
limited review by courts. Arbitrators can award the same damages and
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interpretation and enforcement of this provision, and that you and
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in a class action. This arbitration provision shall survive termination
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If you elect to seek arbitration, you must first send to
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(a) describe the nature and basis of the claim or dispute; and (b) set
forth the specific relief sought ("Demand"). If IncFAQ.com and
you do not reach an agreement to resolve the claim within 30 days after
the Notice is received, you or IncFAQ.com may commence an
arbitration proceeding or file a claim in small claims court. During the
arbitration, the amount of any settlement offer made by
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You may download or copy a form Notice and a form to initiate
arbitration at www.adr.org. The arbitration will be governed by the
Commercial Arbitration Rules and the Supplementary Procedures for
Consumer Related Disputes (collectively, "AAA Rules") of the American
Arbitration Association ("AAA"), as modified by this Agreement, and will
be administered by the AAA. The AAA Rules and Forms are available online
at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to
the Notice Address. The arbitrator is bound by the terms of this
Agreement. All issues are for the arbitrator to decide, including issues
relating to the scope and enforceability of this arbitration agreement.
Unless IncFAQ.com and you agree otherwise, any arbitration
hearings will take place in the county (or parish) of your billing
address. (If you reside outside of the United States, any arbitration
hearings will take place in your country of residence at a location
reasonably convenient to you, but will remain subject to the AAA Rules
including the AAA rules regarding the selection of an arbitrator). If
your claim is for US$2,000 or less, we agree that you may choose whether
the arbitration will be conducted solely on the basis of documents
submitted to the arbitrator, through a telephonic hearing, or by an
in-person hearing as established by the AAA Rules. If your claim exceeds
US$2,000, the right to a hearing will be determined by the AAA Rules.
Regardless of the manner in which the arbitration is conducted, the
arbitrator shall issue a reasoned written decision sufficient to explain
the essential findings and conclusions on which the award is based. If
the arbitrator issues you an award that is greater than the value of
last written settlement offer made before an
arbitrator was selected (or if IncFAQ.com did not make a
settlement offer before an arbitrator was selected), then
IncFAQ.com will pay you the amount of the award or US$1,000,
whichever is greater. Except as expressly set forth herein, the payment
of all filing, administration and arbitrator fees will be governed by
the AAA Rules.
YOU AND IncFAQ.com AGREE THAT EACH MAY BRING CLAIMS AGAINST
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PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. Further, unless both you and IncFAQ.com agree
otherwise, the arbitrator may not consolidate more than one person's
claims with your claims, and may not otherwise preside over any form of
a representative or class proceeding. If this specific provision is
found to be unenforceable, then the entirety of this arbitration
provision shall be null and void. The arbitrator may award declaratory
or injunctive relief only in favor of the individual party seeking
relief and only to the extent necessary to provide relief warranted by
that party's individual claim.