Licensor and Licensee agree to arbitrate all disputes and claims between them. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
- Claims arising out of or relating to any aspect of the relationship between Licensor and Licensee, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- Claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
- Claims that are currently the subject of purported class action litigation in which Licensee is not a member of a certified class; and
- Claims that may arise after the termination of this Agreement.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. Licensor and Licensee agree that, by entering into this Agreement, Licensor and Licensee are each waiving the right to a trial by jury or to participate in a class action. Licensor and Licensee agree that each may bring arbitration claims against the other only in the Licensor’s and Licensee’s individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Licensor should be addressed to: Dickinson Wright, PLLC, Attn: David G. Bray, 1850 N. Central Avenue, Phoenix, Arizona 85004 and must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If the parties do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, Licensor or Licensee may commence an arbitration proceeding.
The arbitration will be governed by the Consumer Arbitration Rules (collectively, “AAA Rules””) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 800.778.7879, or by writing to the Notice Address. (You may obtain information that is designed for non-lawyers, about the arbitration process at att.com/arbitration-information.)
The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless Licensor and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 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 $10,000, 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. Except as otherwise provided for herein, Licensor will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the 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 the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Licensor for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.