Resolution of any Dispute. In the event a dispute arises between you and us, we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling or emailing our customer care department, which may be accessed by clicking on the “Contact Us” link at the bottom of the home page in this website. If, however, there is an issue that needs to be resolved, the following terms describe how both of us will proceed:
Limitation of Legal Remedies. INSTEAD OF SUING IN COURT, YOU AND WE EACH AGREE TO ARBITRATE DISPUTES ON A BILATERAL (INDIVIDUAL) BASIS. You and we agree that any dispute, controversy or claim arising out of your use of this website or its content (“Claims”) which cannot be settled by mutual agreement of the parties shall be resolved by one arbitrator through binding arbitration. This agreement to arbitrate is intended to be broadly interpreted. It includes Claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. § 1, et seq., and judgment on the award may be entered in any court with jurisdiction.
Class Action Waiver. You and we each agree that each of us is waiving the right to a trial by jury and may bring claims against the other only in an individual capacity and not in a class action or representative proceeding. All arbitrations shall be conducted on an individual (and not a class-wide) basis; and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that these terms specifically prohibit you from commencing any legal proceedings as a representative of others or joining in any arbitration proceedings brought by any other person (“class action waiver”).
Arbitration Procedures. A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim and setting forth the specific relief sought. All notices to us shall be sent to the following address: The 360 Home LLC, 1101 Boston Post Rd., Unit 2B, Rye, New York, ATTN: Legal Department – Administrator, Alternative Dispute Resolution. All notices to you will be sent to the email or physical address you have provided. Upon receipt of such notice, the other party shall have a sixty (60) day period in which it may satisfy the Claim against it by fully curing the Claim and/or providing all the relief requested in the notice, and/or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of such sixty-day cure period, you or we may commence an arbitration proceeding. The arbitration of any claim or dispute under this Agreement shall be referred to the American Arbitration Association’s (“AAA”) under its rules and procedures, including the AAA’s Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes. These rules and procedures are available by calling the AAA or by visiting its website at www.adr.org. The arbitration of any Claim shall be conducted in the State of New York, and for any non-frivolous claim that does not exceed $10,000, Company will: (1) pay all costs of the arbitration; (2) if you prefer will conduct the arbitration by telephone, and (3) will not seek attorney’s fees in the event Company prevails. Each party shall pay the fees and costs of its own counsel, experts and witnesses.
Choice of Law. This Agreement concerns a transaction in interstate commerce, and therefore shall be governed by the United States Federal Arbitration Act, 9 U.S.C. Â§ 1 et seq. The FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
Exception. Any claim or action for indemnification, contribution, interpleader or injunctive relief arising out of a Claim shall not be subject to arbitration.