STOP AND READ THIS MESSAGE IMMEDIATELY !! Have you been sent to this ATM to make a payment for ANYTHING, such as SSN fraud, taxes, utility bills, tickets, cars, equipment, money transfers, ransom, bail, eBay, Airbnb, or anything odd?
STOP! You are being scammed, hang up and call us at 877-757-2646. ALL TRANSACTIONS ARE FINAL AND IRREVERSIBLE!! FRAUDULENT TRANSACTIONS MAY RESULT IN THE LOSS OF YOUR MONEY OR CRYPTOCURRENCY OR BOTH, WITHOUT RECOURSE. WE HAVE ABSOLUTELY NO RESPONSIBILITY OR LIABILITY FOR ANY UNAUTHORIZED, MISTAKEN, OR ACCIDENTAL TRANSACTIONS MADE BY YOU OR ANY OTHER PERSON USING YOUR ACCOUNT OR WALLET. Never send bitcoin or any cryptocurrency to someone you don't know, or haven't met in person. By accepting these Terms of Service, you acknowledge that you fully own and control the cryptocurrency wallet you plan to use at this ATM.
ROMANCE SCAM DISCLAIMER: Have you been sent to this ATM to send money to your boyfriend, girlfriend, fiancé, husband, or wife that you met online? This is highly likely a SCAM. We don't want to break your heart, but it's probable that your online significant other is taking advantage of you to send them money. We HIGHLY do not recommend using our ATM for this, and are not liable for monetary loss if you continue to proceed to use the ATM for this purpose.
Cryptocurrency Kiosk Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US AND OTHER INDEMNIFIED PARTIES TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US AND INDEMNIFIED PARTIES ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
Disclosure of Material Risks of the Services
- Cryptocurrency is not legal tender, is not backed by any government or financial institution, and accounts and value balances are not subject to FDIC or SIPC protections;
- Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of cryptocurrency
- Transactions in Cryptocurrency are irreversible, and, accordingly, losses due to fraudulent or accidental transactions are not recoverable;
- Cryptocurrency transactions shall be deemed to be made when recorded on the network's public ledger, which is not necessarily the date or time that the customer initiates the transaction;
- The value of cryptocurrency may be derived from the continued willingness of market participants to exchange fiat currency – such as US dollars – for cryptocurrency, which may result in the potential for permanent and total loss of value of Bitcoin or cryptocurrency should the market for Bitcoin or cryptocurrency fall;
- There is no assurance that any person who accepts cryptocurrency as payment today will continue to do so in the future;
- The volatility and unpredictability of the price of cryptocurrency relative to fiat currency may result in significant or total loss;
- The nature of cryptocurrency as an Internet-based protocol may lead to an increased risk of fraud or cyber-attack;
- The Company does not guarantee the Service’s availability.
Risk of Loss
A Customer assumes all risk of loss associated with the holding of Bitcoin(s) or any other cryptocurrency and acknowledges that Bitcoin is a volatile asset and that cryptocurrency is a volatile asset class. Bitcoin(s) and other cryptocurrency are not entitled to FDIC or SIPC protection, and are not otherwise insured or guaranteed by the Company or any other party. The Company is not an investment advisor and does not provide any person advice or guidance on the suitability of holding Bitcoin or similar cryptocurrencies. The Company is not in any way responsible if the price of cryptocurrency decreases following a Customer’s purchase.
The Company is not in any way responsible for the safekeeping of a Customer’s cryptocurrency following purchase (nor of a Customer’s currency if selling bitcoins). Though the Company has taken all reasonable precautions to ensure that the “paper wallets” printed from its Bitcoin kiosks are not compromised at the time of printing, the Company is not in any way responsible for the safekeeping or security of the bitcoins on these “paper wallets”. If a Customer loses his “paper wallet”, it will be impossible for the Company to retrieve those bitcoins as the Company shall for security reasons not retain a copy of the private key to any “paper wallet”; the Company shall not reimburse that Customer if he loses his “paper wallet”. The Company is not a custodian of the paper wallets nor a custodian of the Customer’s funds and has no ability to access customer funds on “paper wallets” or on any cryptocurrency wallet.
The Company is not a provider of cryptocurrency wallets. In order to access our Service, you may be required to use a cryptocurrency wallet provided by a third-party. You must use your own cryptocurrency wallet. You are not permitted to use the cryptocurrency wallet of any other person or any third party. If the Company recommends or requires that the Customer use third-party wallet applications for the storage of bitcoins, it is solely that Customer’s responsibility to conduct his own due diligence on those applications before using them. We have no control of or responsibility for any such wallets provided by a third-party, and cannot provide support these wallets. The Company cannot provide any technical or customer support for any malfunction or other issue that may arise in connection with your use of such wallets. You are wholly responsible for maintaining the security of any wallet you may use in connection with the Service. The Company is not responsible in any way for the functionality of such wallets or the safekeeping or security of cryptocurrency sent by the Company to or from a third-party wallet, or any cryptocurrency stored in a third-party wallet. Customer acknowledges and agrees that they will only use a wallet they own to conduct transactions using the Service, and will not use the Service to send cryptocurrency to or from a third-party or third-party wallet address. Customer acknowledges and agrees that they will only use a wallet that the Customer personally has custody of, and will not send cryptocurrency to or from any wallet hosted on an exchange.
Customer Eligibility to Use the Service
To help the government fight the funding of terrorism and money laundering activities, federal law may require us to obtain, verify, and record information that identifies each Customer who uses or seeks to use the Service. What this means for you: When you request a transaction at any ATM, we may ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents. This required identifying information may change at any time for any reason.
You may be required to complete this identity verification process to the satisfaction of Coinflip in order to access and use an ATM or certain features of the Service. You agree to provide true, accurate, current and complete information about yourself. Even if you have previously verified your identity with us, we may ask for additional information to allow us to verify your identity again. This may occur at any time, for example, if you request to make a transaction in a larger amount than your prior transactions, or if we believe there may be suspicious activity on your account. We may refuse to open an account for you, or restrict or close your existing account if we cannot verify your information, or if you do not provide identifying information and documents as requested.
If you are under 18 years of age, or the age of majority in your state, you are not authorized to use the Service. The Company does not accept incorporated or organized entities as Customers of the Service. The Service is for personal use only. We reserve the right to reject any person as a Customer of the Service for any lawful reason.
You are not permitted to use the cryptocurrency wallet of any other person or any third party. As a Customer, you agree to use your own cryptocurrency wallet for any and all transactions. Further, you agree that you are a U.S. based Customer and that your cryptocurrency wallet is located in the U.S.
This is an individual account. You may not jointly own or share your account with any other person for any reason. You may not allow any other person to conduct a transaction using your account or identity for any reason, or use any other person’s account or identity to conduct a transaction, even if they permit you to do so. You may not assign or transfer your account or any interest in your account to any other person.
A Customer’s account is tied to the Customer’s mobile phone number and identification. A Customer may only be able to access the Service using the mobile phone number first provided to the Company.
You are responsible for maintaining the security of your account and any device, such as your mobile phone, that you may use to create or access your account or the Service. You are responsible for all transactions and activity conducted on your account, regardless of whether you authorized it. We have no responsibility for the loss, theft, or unauthorized use of your account or any device you use to access your account or the Service. A Customer assumes ALL responsibility in the safekeeping of his or her cryptocurrency and any cryptocurrency wallet(s). YOU MUST CONTACT US IMMEDIATELY BY TELEPHONE AT 877-757-2646 IF YOU BELIEVE SOMEONE ELSE IS USING YOUR ACCOUNT OR YOUR ACCOUNT SECURITY HAS BEEN COMPROMISED.
Transactions and Limitations
Subject to these Terms of Service, the Service is designed to allow you to purchase and sell Bitcoins and other cryptocurrency at any ATM location owned by the Company. You must be physically present at a Coinflip-owned and operated ATM in order to conduct a transaction. You may not use or access the Service or your account at any ATM, kiosk, or other location that is not owned and operated by the Company. The Service is not accessible via the Internet.
Transactions may be made only in U.S. Dollars and the cryptocurrencies supported by the Company. Supported cryptocurrencies may change from time to time.
ALL TRANSACTIONS ARE IRREVERSIBLE AND NON-REFUNDABLE. You have no right to stop payment on any transaction. The ATM may provide you with a transaction receipt. Please keep this transaction receipt for your records.
The Company may at any time limit the amount of any transaction that may be conducted by a Customer, and institute daily, weekly and/or monthly transactional limits on a Customer’s use of the Service. These limits may be changed at any time for any reason by the Company in its sole discretion, with or without notice to you. Use of multiple wallets or another person’s identifying information to circumvent these limits is strictly prohibited and may result in suspension of your ability to use the Service. We have the absolute right to close or suspend your account at any time, and for any reason not prohibited by law. We also have the absolute right in our sole discretion to reject any transaction request for any reason.
If we are served with a subpoena, restraining order, writ of attachment or execution, levy, garnishment, search warrant, or similar order relating to your account or use of the Service (“Legal Action”), we will comply with that Legal Action. Or, in our discretion, we may freeze or place a hold on any assets you have tendered to us, a final determination has been made by a court or relevant regulatory authority regarding the Legal Action. We may do these things even if the Legal Action involves less than the amount on which the hold was placed. In these cases, we will not have any liability to you because we fail to complete your requested transaction, or because in any way restricted access to your funds, account, or use of the Service in accordance with the Legal Action. You may be responsible for any fees or expenses we incur in responding to any Legal Action (including attorneys' fees and our internal expenses).
We may also place a hold on any assets you tender at an ATM if we believe, in our sole discretion, that the requested transaction is suspicious or is in violation of law or these Terms of Service. We may refuse to release the hold on any such funds for as long as we deem reasonably necessary to complete an investigation of the activity or source of the assets. Funds may be frozen, blocked, or delivered to a regulatory authority if required by applicable law, at the order, direction, or request of a regulatory authority, or as reasonably necessary to ensure the Company can comply with all of its legal obligations and cooperate with any investigation, subpoena, inquiry, request for information, examination, or similar request from a regulatory authority.
You agree that we may charge, and you will pay, a transaction fee and a flat fee for each transaction you make. The transaction fee is calculated as a percentage of your total transaction amount. The flat fee is a fixed fee that does not depend on the size of your transaction. The transaction fee and flat fee are included in the exchange rate applicable to your transaction. Before you make a transaction, we will tell you the exchange rate applicable to your transaction. By proceeding with the transaction, you agree to pay the exchange rate, including the transaction fee and flat fee, and you agree to the other terms applicable to the transaction as set forth in these Terms of Service. If you do not agree, you may not proceed with the transaction and must immediately discontinue your use of the ATM for that transaction.
It is the sole responsibility of the Customer to check the accuracy of information entered while using the Service, including, but not limited, to the amount of the requested transaction, the type of currency or cryptocurrency to be exchanged and transferred, and the account/cryptocurrency address to or from which the cryptocurrency will be transferred. Account/cryptocurrency address details displayed on the order summary page will be the final transfer destination. By submitting a transaction request at an ATM, you authorize us to complete the transaction according to the information you entered and was presented to you on the order summary page. In the case that this information is incorrect, and funds are transferred to an unintended destination, the company shall not reimburse the customer nor be liable for any loss. As such customers must ensure the cryptocurrency address that they enter or scan is correct. If we believe any error occurred with respect to a transaction you make at a Coinflip ATM, we may, but are not required to, charge your account or the wallet you presented at the ATM as needed to correct the error. You hereby authorize all such charges and agree to provide us with any information we need to conduct that transaction.
Customers agree that they will not use the Service to perform any type of illegal or illicit activity of any sort, including, but not limited to, money laundering, narcotics trafficking, human trafficking, tax evasion, or terrorism financing, or do anything to negatively affect the performance of the Service or violate these Terms of Service. Suspicion of using the Service for an unauthorized or illegal activity, or in violation of these Terms of Service, is cause for the Company to suspend all access of a Customer to the Service; whether this suspicion is warranted is exclusively within the absolute discretion of the Company.
Customers agree to respond to all inquiries from the Company regarding the Customer’s account or transactions; failure to diligently respond to the Company’s inquiries may result in a suspension of the account and future transactions.
You agree that we and our service providers may communicate with you by mail, telephone, email, fax, prerecorded message, automated voice, text message, presentation of information on the ATM screen, or other means allowed by law regarding your account or use of the Service. You authorize us to send communications to the contact information you provided to us. Notices will be deemed to have been delivered on the day we mailed it to you, or made it available electronically. An notice you give us is effective after we actually receive and have a reasonable opportunity to act on it. We are not responsible for items lost in, or not delivered by, mail or e-mail. Some notices may only be available electronically or in paper form.
Your account is provided electronically. We may send communications electronically, such as by email or text message, or on the ATM screen, rather than through U.S. mail or other means, unless the law says otherwise. You are required to agree to communicate with us by electronic means in order to open and use your account, pursuant to the ELECTRONIC RECORDS DISCLOSURE AND CONSENT AGREEMENT, which is incorporated herein by reference. If you revoke your consent to electronic communications, we may close or restrict your account and we may not permit you to use the Service.
We may record and/or monitor any of our telephone conversations with you. If we do record, we do not have to keep the recordings, unless the law says we must. When you give us your mobile number, we have your permission to contact you at that number about your account and transactions. Your consent allows us and our service providers to use text messaging, artificial or prerecorded voice messages and automatic dialing technology for informational and service calls, but not for telemarketing or sales calls. This communication may include contact from companies working on our behalf to service your account. Message and data rates may apply. You may change these preferences by calling us at 877-757-2646 or emailing email@example.com
You are responsible for promptly notifying us of any change to any your contact information or your name. In some instances, we may request additional information for verification purposes.
You are responsible for obtaining and maintaining all telecommunications, mobile, broadband, computer, hardware, software, equipment and services needed to access and use the Service and receive communication from the Company.
Limitation of Liability THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. You agree that we, our service providers, agents, officers, directors, and employees (and the same of our service providers, subsidiaries and affiliates themselves) (each, and “Indemnified Party” and collectively, the “Indemnified Parties”) will not be liable for anything we do when following your instructions. In addition, the Indemnified Parties will not be liable if any such Indemnified Party does not follow your instructions if we reasonably believe that your instructions would expose us to potential loss or civil or criminal liability, or conflict with customary banking practices. To the extent you are entitled to relief under this Agreement, the total liability of the Indemnified Parties to you will not exceed $500, except as otherwise required by applicable law. THE INDEMNIFIED PARTIES WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES REGARDLESS OF THE FORM OF ACTION AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This section will survive termination of your account and use of the Service.
The Company cannot be held liable for any malfunction, breakdown, delay or interruption to the Internet connection, or if for any reason its Service is unavailable at any time or for any period. Customers acknowledge that an account may be suspended for any reason and they may not be able to have access to the Service at any time for any reason.
You agree to indemnify and hold the Indemnified Parties harmless from and against losses arising in connection with the Services, except for losses arising out of our own gross negligence or willful misconduct. You further agree to hold the Indemnified Parties harmless from losses arising out of actions taken or omitted in good faith by any Indemnified Party in reliance upon instructions from you. The Indemnified Parties are not responsible for any actions or omissions by any third party. If you give us instructions that we believe may expose us to potential liability, we may refuse to follow your instructions and we will not be liable to you if we refuse to follow your instructions. If we do choose to follow your instructions, we may ask you for certain protections such as a surety bond or an indemnity agreement in a form that is satisfactory to us. This section will survive termination of your account and use of the Service.
If we fail to exercise or delay our exercise of any right we have under these Terms of Service, that does not mean that we waive that right or any other right, and we may still enforce all of our rights in the future.
We may change these Terms of Service, including the fees and features of the Service and your account, at any time. We will notify you in advance of any such change when required by applicable law. We may notify you by posting a new version of these Terms of Service to our website at www.coinflip.tech
or by presenting them to you when you request a transaction at an ATM. If we have notified you of a change to these Terms of Service and you continue to use the Service after the effective date of the change, you have agreed to the change. If you do not agree to the change, you must discontinue use of account or any aspect of the Service before the effective date of the change.
State and Federal Regulation:
The Company is registered as a money services business with the United States Department of Treasury, Financial Crimes Enforcement Network and may be required by law to file currency transaction reports and/or suspicious activity reports with state and/or federal authorities regarding Customers’ activities. The Company is not permitted to notify Customers of the filing of such reports. The Company may also be legally required to provide information concerning a Customer’s transactions to other state and federal regulatory authorities. The Company shall not be liable to any Customer in any way for providing information to regulatory authorities about that Customer’s use of the Service.
Washington and Rhode Island Customers: You will be charged a transaction fee and flat fee as set forth in these Terms of Service.
Our current fee schedule is as follows:
Transaction Fee: 6.99%
Flat Fee: $0.99; During times of high transaction volume, the flat fee may be increased up to a maximum of $20. The exact amount of the fee will be disclosed to you before you complete a transaction.
The fee schedule is subject to change at any time in our sole discretion. We will notify you 30 days in advance of any changes to our fee schedule, if required by applicable law. The transaction fee and flat fee will be included in the exchange rate applicable to your transaction. The exchange rate, inclusive of these fees, will be disclosed to you before you make a transaction, and will be charged when you agree to make the transaction. No cryptocurrency, or any transaction made using the Service is insured or guaranteed by an agency of the United States or by private insurance against theft, or loss, including cyber theft or theft by other means. A transfer of cryptocurrency is irrevocable, without exception. We have no liability for any unauthorized, mistaken, or accidental transfers made by you, or any other person who has accessed your account or wallet. The nature of virtual currency may lead to an increased risk of fraud or cyber attack, and your cryptocurrency could be irretrievably stolen.
Jury Trial Waiver
You and we acknowledge that the right to trial by jury is a constitutional right but may be waived in certain circumstances. To the extent permitted by law, you and we knowingly and voluntarily waive any right to trial by jury in the event of litigation arising out of or related to these Terms of Service. This jury trial waiver will not affect or be interpreted as modifying in any fashion the Arbitration and Dispute Clause set forth in the following section, which contains its own jury trial waiver.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Agreement to Arbitrate. This section is referred to as the Arbitration Agreement. If you have a dispute with the Company or any other Indemnified Party, and are not able to resolve the dispute informally, you and we agree that upon demand by you, the Company or any other Indemnified Party, the dispute will be resolved through the arbitration process set forth in this section.
Arbitration. You agree that if you have a dispute or claim that has arisen or may arise between you and the Company or any other Indemnified Party, whether arising out of or relating to these Terms of Service (including any alleged breach), your use of the site or any Service provided on the site or under these Terms of Service, any advertising, any aspect of the relationship or transactions between us, and you are not able to resolve the dispute or claim informally, you and we agree that upon demand by you, the Company or any other Indemnified Party, the dispute or claim will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement. except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Arbitration Agreement, you are waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Parties Subject to this Arbitration Agreement. This Arbitration Agreement applies whenever there is a claim between you and us. If a third party, such as an Indemnified Party other than the Company, is also involved in a claim between you and us, or if a dispute arises between you and an Indemnified Party other than the Company relating to these Terms of Service or your use of the site, then the claim will be decided with respect to the third party in arbitration as well, in accordance with this Arbitration Agreement, and it must be named as a party in accordance with the rules of procedure governing the arbitration. No award or relief will be granted by the arbitrator except on behalf of, or against, a named party.
Exclusions. You and we retain the right to pursue in small claims court (or an equivalent state court) any dispute that is within that court’s jurisdiction, so long as the disputes remain in such court and advance only an individual claim for relief. If either you or we fail to submit to binding arbitration of an arbitrable dispute following lawful demand, the party so failing will bear all costs and expenses incurred by the other in compelling arbitration.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THE COMPANY OR ANY OTHER INDEMNIFIED PARTY ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
Pre-Arbitration Dispute Resolution.
The Company and Indemnified Parties are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to your satisfaction by emailing customer support at firstname.lastname@example.org
. If such efforts prove unsuccessful, 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 the Company or Indemnified Party should be sent to GPD Holdings, LLC, 4957 Oakton St., Skokie, IL 60077 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought. If you do not resolve the claim with the Company or Indemnified Party within 60 calendar days after the Notice is received, you or the Company or Indemnified Party, as applicable, may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by any party will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Company is entitled.
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org
. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration
. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless the parties to the arbitration agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, 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 will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Cost of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, the Company or the Indemnified Party will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, the Company or the Indemnified Party will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, the Company or the Indemnified Party will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the Prohibition of Class and Representative Actions and Non-Individualized Relief section above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the Prohibition of Class and Representative Actions and Non-Individualized Relief section are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of this Arbitration Agreement will continue to apply.
Future Changes to this Arbitration Agreement. Notwithstanding any provision in these Terms of Service to the contrary, if we make any future change to this Arbitration Agreement (other than a change to the Notice Address) you may reject any such change by sending us written notice within 30 days of the change to the Notice Address and ceasing all use of the site or any Services provided on the site or under these Terms of Service prior to the effective date of any such change. By rejecting any future change, you are agreeing that you will arbitrate any dispute covered by this Arbitration Agreement in accordance with the terms of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
This section is referred to as the Arbitration Agreement. If you have a dispute with the Company or any other Indemnified Party, and are not able to resolve the dispute informally, you and we agree that upon demand by you, the Company or any other Indemnified Party, the dispute will be resolved through the arbitration process set forth in this section.