In order to use or attempt to use this website beyond this popup, you must agree to ARBITRATION of any disputes or claims rather than filing a lawsuit. You also agree to give notice and an opportunity to cure any illegal or harmful aspects of the site and you agree not to participate in any class actions. The disputes covered by this agreement include but are not limited to accessibility claims and copyright claims. READ BELOW FOR MORE DETAILS..
Any controversy or claim arising out of or relating to this to your use or attempted use of this website shall be settled by arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules and Mediation Procedures and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Forgoing notwithstanding, if your claim or claims total under $25,000, excluding attorney fees, and do not contain a claim for injunctive relief, then you may file your action in San Diego Superior Court, Limited Civil, instead.
Claims shall be heard by a single arbitrator. The place of arbitration shall be San Diego California. In making determinations regarding the scope of exchange of electronic information, the arbitrator(s) and the parties agree to be guided by The Sedona Principles, Third Edition: Best Practices, Recommendations & Principles for Addressing Electronic Document Production. Hearings will take place pursuant to the standard procedures of the Consumer Arbitration Rules that contemplate in-person hearings. The award of the arbitrators shall be accompanied by a reasoned opinion. Notwithstanding any language to the contrary in the contract documents, the parties hereby agree: that the Underlying Award may be appealed pursuant to the AAA’s Optional Appellate Arbitration Rules (“Appellate Rules”); that the Underlying Award rendered by the arbitrator(s) shall, at a minimum, be a reasoned award; and that the Underlying Award shall not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. Appeals must be initiated within thirty (30) days of receipt of an Underlying Award, as defined by Rule A-3 of the Appellate Rules, by filing a Notice of Appeal with any AAA office. Following the appeal process, the decision rendered by the appeal tribunal may be entered in any court having jurisdiction thereof.
Class and collective action waiver:
You agree that (i) no arbitration proceeding hereunder whether a CONSUMER DISPUTE or a BUSINESS DISPUTE shall be certified as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers or potential customers or Persons similarly situated, and (ii) no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding. You agree to arbitrate a consumer dispute or business dispute on an individual basis and you agree to waive the right to participate in a class action.
Notice and opportunity to cure:
Prior to bringing any action on a dispute requesting injunctive relief, you agree to provide written notice to UrbDeZine of the exact nature of your claim. You further agree to allow UrbDeZine at least 90 days to resolve your claim. You agree to cooperate with UrbDeZine in the resolution of your claim. Notice shall be provided by certified mail, return receipt, or by email to email@example.com with the following phrase in the subject field of your email: Notice and Opportunity to Cure.
In case any of the above provisions shall be held invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
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