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Terms and Conditions
DISPUTE RESOLUTION
We Agree To First Contact Each Other With Any Disputes
We each agree to first contact each other with any disputes and provide a written description of
the problem, all relevant documents/information and the proposed resolution. We agree to
contact each other as described in the Providing Notice to Each Other Under The Agreement
section of the Ts&Cs.
Instead Of Suing In Court, We Each Agree To Arbitrate Disputes
We each agree to finally settle all disputes (as defined and subject to any specific exceptions
below) only by arbitration. In arbitration, there’s no judge or jury and review is limited. However,
just as a court would, the arbitrator must honor the terms and limitations in the Agreement and
can award the same damages and relief, including any attorney’s fees authorized by law. The
arbitrator’s decision and award is final and binding, with some exceptions under the Federal
Arbitration Act (“FAA”), and judgment on the award may be entered in any court with jurisdiction.
We each also agree as follows:
(1)
“Disputes” are any claims or controversies against each other related in any way to
our Services or the Agreement, including, but not limited to, coverage, Devices, privacy,
or advertising, even if it arises after Services have terminated
– this includes claims you
bring against our employees, agents, affiliates or other representatives, or that we bring against
you.
(2) If either of us wants to arbitrate a dispute, we agree to send written notice to the other
providing a description of the dispute, previous efforts to resolve the dispute, all supporting
documents/information, and the proposed resolution. Notice to you will be sent as described in
the Providing Notice to Each Other Under The Agreement section of the Ts&Cs and notice to us
will be sent to: General Counsel; Arbitration Office; 2001 Edmund Halley Drive VARESP0513-502;
Reston, Virginia 20191. We agree to make attempts to resolve the dispute. If we cannot resolve
the dispute within forty-five (45) days of receipt of the notice to arbitrate, then we may submit the
dispute to formal arbitration.
(3) The FAA applies to this Agreement and arbitration provision. We each agree the FAA’s
provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
(4) Unless we each agree otherwise, the Arbitration will be conducted by a single neutral
arbitrator and will take place in the county of the last billing address of the Device. We will agree
on the arbitrator, and if we cannot agree, then the arbitrator will be appointed by the court as
provided by the FAA.
(5) The arbitration will be governed by the arbitration rules selected by the Arbitrator. The federal
or state law that applies to the Agreement will also apply during the arbitration.
(6)
We each agree not to pursue arbitration on a classwide basis. We each agree that any
arbitration will be solely between you and us (not brought on behalf of or together with
another individual’s claim). If for any reason any court or arbitrator holds that this
restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t
apply and the dispute must be brought in court.
(7) We each are responsible for our respective costs relating to counsel, experts, and witnesses,
as well as any other costs relating to the arbitration. However, we will cover any arbitration
administrative or filing fees above: (a) $25 if you are seeking less than $1,000 from us; or (b) the
equivalent court filing fees for a court action in the appropriate jurisdiction if you are seeking
$1,000 or more from us.
Exceptions To Our Agreement To Arbitrate Disputes
Either of us may bring qualifying claims in small claims court. In addition, this arbitration
provision does not prevent you from filing your dispute with any federal, state or local
government agency that can, if the law allows, seek relief against us on your behalf.