RESOLUTION OF DISPUTES
Customer satisfaction is the foundation of our success. That’s why, if a dispute arises between us, our goal is to resolving the dispute quickly in a fair and cost-effective way. Accordingly, we strongly encourage you, before taking any other action, to reach out to us by contacting customer service at email@example.com or 1-800-525-0400 so that we have an opportunity to try to address your concerns.
Otherwise, you and we agree that we will resolve any dispute, claim or controversy arising out of or relating to your use of the Site, these Terms & Conditions, or the breach, termination, enforcement, interpretation or validity thereof, or our relationship in connection with the Site or these Terms & Conditions (each, a "Claim"), in accordance with one of the subsections below or as otherwise mutually agreed by the parties in writing.
GOVERNING LAW; SUBMISSION TO JURISDICTION
These Terms & Conditions and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of Ontario, Canada, exclusive of conflict or choice of law rules. You agree that unless otherwise mutually agreed by the parties in writing or as described in the Mandatory Arbitration provision below, any Claims shall be brought in a court located in Toronto, Canada. Unless otherwise prohibited by applicable law, any Claim must be brought within two (2) years from the date on which such Claim arose or accrued.
Any Claims shall be resolved via binding arbitration initiated through JAMS; except that you may assert Claims on an individual basis in a small claims court located in Toronto, Ontario, if such claims qualify under the rules of the small claims court. The arbitration will be governed by the JAMS International Arbitration Rules & Procedures (the "JAMS Rules"), as modified by this Agreement, and will be administered by JAMS. The JAMS Rules are available online at www.jamsadr.com or by calling JAMS at 1-800-352-5267 or 1-416-861-1084. If you initiate arbitration against us and the total amount in controversy is C$100,000 or less, the only fee you shall be required to pay is C$250 (which is less than the current standard JAMS filing fee); all other costs will be borne by the Company. However, in the event that the arbitrator determines that the Claims were frivolous, the arbitrator may (to the extent permitted by applicable law) award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.
Notwithstanding the provision above with respect to applicable substantive law, any arbitration conducted pursuant to these Terms & Conditions shall be governed by the Arbitration Act, 1991, S.O. 1991, c. 17 (Ontario). JAMS and the parties must comply with the following rules: (a) the arbitration shall be conducted by a single arbitrator in Toronto, Canada who is approved by or otherwise affiliated with JAMS; except that if the total amount in controversy is more than C$100,000, the defendant may request a panel of three arbitrators; (b) the party initiating the arbitration shall choose how the form in which they would like the arbitration to be conducted: via telephone, online, solely based on written submissions, or at an in-person hearing; (c) notwithstanding the foregoing, if either party requests an in-person hearing (i) the arbitrator shall decide whether a hearing is necessary or whether the arbitration should proceed via telephone, online or solely based on written submissions, (ii) if the arbitrator deems that a hearing is necessary, the hearing shall occur at a mutually agreed upon location, or, if the parties are unable to agree on a location, at a location that is selected by the arbitrator and is reasonably convenient to you, and (iii) either party may elect to participate in an in-person hearing by phone, unless the arbitrator decides otherwise; (d) the arbitrator may not award any (i) incidental, indirect or consequential damages, including damages for lost profits, or (ii) punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages described in subparagraphs (d)(i) and (d)(ii); (e) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim; and (f) unless otherwise mutually agreed by the parties in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
The arbitrator may not decide issues relating to arbitrability and the scope or enforceability of this Mandatory Arbitration provision, which shall be only for a court of competent jurisdiction to decide. If subparagraph (f) above is found to be unenforceable, then the entirety of this Mandatory Arbitration provision shall be null and void. Judgment on the award issued by the arbitrator may be entered in any court having jurisdiction. This Mandatory Arbitration provision shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS AND CONDITIONS, WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THE CLAIMS COVERED BY THIS MANDATORY ARBITRATION PROVISION.
IMPROPERLY FILED CLAIMS
All Claims you bring against us must be resolved in accordance with this "Resolution of Disputes" section. All Claims filed or brought not in accordance with to this "Resolution of Disputes" section shall be considered improperly filed and void. Should you file a Claim not in accordance with this "Resolution of Disputes" section, we may recover from you, to the extent permitted by applicable law, our attorneys' fees and costs up to UK£1,000, provided that we have notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.