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18. The rules of the showdown if things go wrong

What is Arbitration?

In theory at least “arbitration” means a way of getting all our beefs out into the open and settling them, without having to pay lawyers and courts to help us.

If you end up hating us enough to need this, before you file suit, you’ll be dealing with a company called Arbitration Resolution Services, Inc. “ARS” which is basically an online version of what the American Arbitration Association “AAA” does.

You can see a groovy video about ARS here: https://youtu.be/TIvqxSlNUMk

By paying us any money, you agree that you will play by the rules set by the ARS, and respect their decisions, when working through with any argument you have with us.

Lawyers word this as “the parties” submitting to the “exclusive jurisdiction” of the ARS, which is what this clause is intended to tell you.

How it works

After you’ve paid the hundreds of dollars in ARS fees (which is still cheaper than taking us to court) your application will be submitted to the ARS and the process will begin.

The arbitration will be conducted online before a single arbitrator chosen by jane, at a time convenient to jane selected at the time of the dispute.

All payments will follow the ARS rules.

If you have teamed up with (or are representing) someone else to sue us, called a “class action” you agree that you cannot use the ARS arbitration and must go to court.

Ultimately, the Federal Arbitration Act (and not any Wyoming law or any other state’s law) will rule and control our entire dispute.

The final decision made by the ARS arbitrator will be what goes, and it will be “binding” and final on both you and us.

It’s only you

You agree that the ARS arbitrator can only work out and award you compensation based only on your own argument with jane.

Any victory you get here cannot be joined up or added to someone else’s argument with us.

The ARS must consider each claim entirely separately, without reference to anyone else, like you are the last person left in America.

Anyone who is not named in your application to ARS doesn’t exist.

But I don’t want to use ARS?

Tough. If you want “arbitration” you go the ARS route or you walk away, don’t troll us, and don’t buy any of our services again.

If you do go straight to court, we’ll open an arbitration dispute with ARS, and when we win, and the judge asks you if you exhausted all avenues before clogging up the already overloaded US court system, you can explain to her/him that you stubbornly ignored our agreement to arbitrate, and that you’ll be paying us back for our costs to get you to arbitrate, including our administration fees and ARS fees.

Updated on October 11, 2017

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