Alternative Dispute Resolution Policy

This Alternative Dispute Resolution Policy is effective as of February 19, 2024.

In order to expedite and control the cost of disputes, Service Provider and you agree that any legal or equitable claim, dispute, action, or proceeding arising from or related to your use of the Services or these Terms (“Dispute“) will be resolved as follows to the fullest extent permitted by law

We're aiming for a respectful and fair dispute resolution process. We're choosing ADR for its speed, cost-effectiveness, flexibility, and transparency. We've selected JAMS (a neutral arbitrator), for its well-earned reputation, and its familiar, straightforward rules and processes (all on the web). ADR encourages open dialog and mutual respect, hopefully with results that work for everybody, making the best of situations we frankly hope never occur.

These rules follow a structured approach that begins with direct outreach, progresses to mediation through JAMS, and if necessary, concludes with arbitration. Mediation through JAMS provides a faster, more affordable alternative to court, crucial for our commitment to providing accessible services. If necessary, arbitration provides a final decision, based on case merits by impartial experts.

As always, your feedback is invaluable to us—help us improve by sharing your thoughts.

We present side notes here in straightforward language.

  1. ADR. The parties agree that any and all disputes, claims, or controversies arising out of or relating to this Agreement that have not been resolved by negotiation as provided herein within sixty (60) days or such time period as you and the Service Provider may otherwise agree, shall be finally resolved by binding arbitration, shall be submitted to JAMS, or its successor, for mediation, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration, except for a limited right of appeal under the Federal Arbitration Act, pursuant to the clause set forth in Paragraph 5 below.
    2. Disputes go to JAMS for mediation, then arbitration.
  2. Initiation of Mediation. Either party may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested.
    3. Start mediation with a written notice.
  3. Selection of Mediator; Participation and Costs. The parties will cooperate with JAMS and with one another in selecting a mediator from the JAMS panel of neutrals and in scheduling the mediation proceedings. The parties agree that they will participate in the mediation in good faith and that they will share equally in its costs.
    4. We select a mediator together, and share costs.
  4. Confidentiality and Privilege. All offers, promises, conduct, and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts, and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.
    5. Mediation discussions are confidential.
  5. Initiation of Arbitration. Either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or at any time following 45 days from the date of filing the written request for mediation, whichever occurs first (“Earliest Initiation Date”). The mediation may continue after the commencement of arbitration if the parties so desire.
    6. Begin arbitration after initial mediation or 45 days.
  6. Provisional Remedies. At no time prior to the Earliest Initiation Date shall either side initiate an arbitration or litigation related to this Agreement except to pursue a provisional remedy that is authorized by law or by JAMS Rules or by agreement of the parties. However, this limitation is inapplicable to a party if the other party to comply with the requirements of Paragraph 3 above.
    7. No arbitration or litigation until a certain time has elapsed.
  7. Tolling. All applicable statutes of limitation and defenses based upon the passage of time shall be tolled until fifteen days after the Earliest Initiation Date. The parties will take such action, if any, required to effectuate such tolling.
    8. Statutes of limitation paused until a certain date.

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