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1.0. Dispute Resolution. Most customer concerns can be resolved quickly and to the Customer’s satisfaction by calling Ziplocal’s customer service department at 1.800.553.0801. In the unlikely event that Ziplocal’s customer service department is unable to resolve a complaint to the Customer’s satisfaction, Ziplocal and Customer agree that any action or proceeding between Customer and Ziplocal will be subject to binding arbitration.
- 1.1. Arbitration Provision Interpreted Broadly. This agreement to arbitrate is intended to be interpreted broadly and shall apply to any dispute, including but not limited to: (a) claims arising out of or relating to any aspect of the relationship between Ziplocal and Customer, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (b) claims that arose before this or any prior Agreement; (c) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and (d) claims that may arise after the termination of this Agreement. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, or cooperating with governement agencies to seek relief against Ziplocal on your behalf. This arbitration provision shall survive termination of this Agreement.
- 1.2. Small Claims Actions Exempt. Notwithstanding Paragraph 1.0, either party may bring an individual action in small claims court.
- 1.3. Notice of Dispute. A party who intends to seek arbitration must first send to the other, by certified mail, a written notice that describes the nature of the dispute and the specific relief requested. If the parties are unable to resolve the claim within 30 days after the notice is received, either party may commence an arbitration proceeding.
- 1.4. Arbitration Procedure. The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted by a single arbitrator. The arbitration shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the AAA (collectively, “AAA Rules”), as modified by this Agreement. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879. If the amount in dispute is $10,000 or less, the parties agree that the Customer 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 the amount in dispute exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Unless the parties agree otherwise, any arbitration hearings will take place in the county (or parish) of the Customer’s billing address.
- 1.5. Arbitrator’s Authority. The arbitrator shall be bound by the terms of this Agreement, and shall decide all issues, except issues relating to the scope and enforceability of the arbitration provision. The arbitrator may award damages, declaratory relief, or injunctive relief only in favor of the party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Regardless of the amount in dispute or 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.
- 1.6. Payment of Arbitration Expenses. Except as provided herein, Ziplocal will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements of Paragraph 1.3 above for claims of less than $75,000. Ziplocal will promptly reimburse Customer for the payment of the filing fee within 30 days of receiving notice that Customer has commenced arbitration. If Customer is unable to pay the filing fee, Ziplocal will pay it directly upon receipt of a written request from the Customer for payment of filing fee. If, however, the arbitrator finds that either the substance of the Customer’s claim or the relief sought in the Customer’s arbitration demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then Customer shall reimburse Ziplocal for all monies previously disbursed to the arbitrator or the AAA. Notwithstanding this Paragraph 1.5, the parties agree that if either party initiates an arbitration in which the party seeks more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.
- 1.7. Claims in Individual Capacity. THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both parties agree, the arbitrator may not consolidate any other person’s claims or 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.
- 1.8. Waiver of Jury Trial. CUSTOMER AND ZIPLOCAL AGREE THAT THEY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- 1.9. Governing Law. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. Ziplocal and Customer agree that the substantive laws of the State of Utah shall govern this Agreement and any dispute hereunder, without giving effect to any conflict of laws provisions.
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