Last updated: April 2, 2018
This arbitration policy relates to disputes between Orangenius Inc. and users of our Services (“Disputes”). Capitalized terms used but not defined herein have the respective meanings ascribed to such terms in Orangenius’ terms of service.
All Disputes will be resolved by binding arbitration in accordance with this arbitration policy. You may not initiate any arbitration proceeding for any Dispute unless and until you have first notified us in writing of such Dispute (“Dispute Notice”) and we have failed to resolve such dispute within 30 days of receiving the Dispute Notice. Dispute Notices must be sent by email to firstname.lastname@example.org. Arbitration awards may be enforced in the court(s) of competent jurisdiction located in New York County, NY. The provisions of this paragraph are governed by the provisions of the Federal Arbitration Act, 9 U.S.C. §1, et seq. and will survive settlement of any Dispute.
The rules governing arbitration are different than those in court. Arbitration does not involve a judge or jury and review is limited, but an arbitrator can award the same damages as a court. Except as may otherwise be provided in American Arbitration Association’s Consumer Due Process Protocol that allows consumers to file certain claims in small claims court, you understand that you are giving up your right to a trial in court, either with or without a jury. You also understand that you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle a Dispute.
All arbitration proceedings will be conducted in accordance with the rules of, and will be administered by, the American Arbitration Association under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. All arbitration proceedings will be held in New York County, New York, or any other location mutually acceptable to the parties, and the laws of the State of New York will exclusively govern all Disputes. You may opt-out of this agreement to arbitrate by contacting us within 30 days of first accepting the Terms and stating that you (include your first and last name) decline this arbitration agreement. Notwithstanding anything to the contrary contained herein, in the event that this agreement to arbitrate is not found to apply to you or your claim, or is deemed not enforceable by a court or arbitrator of competent jurisdiction, you agree that such dispute will be subject to the exclusive jurisdiction of the state and federal courts located New York County, New York, and you waive any jurisdictional, venue, or inconvenient forum objection that you may have to such court.
In addition, you agree that you may only resolve Disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted allowed under our agreement.
Contact Information. If you have any questions, concerns, or comments about our Arbitration Policy, you may contact us using the information below:
By email: email@example.com
Through our Contact Page
By mail: Orangenius, Inc. 79 Madison Ave. WeWork Nomad 5th Floor, New York, NY 10016