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Arbitration Agreement

By confirming your acceptance, you agree to this Jury Trial Waiver and Arbitration Clause ("Clause").
Background and Scope

What is arbitration?	An alternative to court.	In arbitration, a third party ("TPA") solves Disputes in a hearing ("hearing"). You, related third parties, and we, waive the right to go to court. Such "parties" waive jury trials.
Is it different from court and jury trials?	Yes.	The hearing is private and less formal than court. TPAs may limit pre-hearing fact finding, called "discovery." The decision is final. Courts rarely overturn TPAs.
Who does the Clause cover?	You, Us, and Others.	This Clause governs the parties, their heirs, successors, assigns, and third parties related to any Dispute.
Which Disputes are covered?	All Disputes.	In this Clause, the word "Disputes" has the broadest possible meaning. This Clause governs all "Disputes" involving the parties. This includes all claims even indirectly related to your application and agreements with us. This includes claims related to information you previously gave us. It includes all past agreements. It includes, as may be applicable, any additional periods, extensions, and renewals, unless otherwise agreed. It includes claims related to damaged property, buyout, reinstatement, loss, damage, warranty, maintenance, collection, possession, privacy, and customer information. It includes claims related to setting aside this Clause. It includes claims about the Clause's validity and scope. It includes claims about whether to arbitrate.
Are you waiving rights?	Yes.	You waive your rights to: Have juries solve Disputes. Have courts, other than courts of limited jurisdiction that do not allow class actions ("small-claims courts"), solve Disputes. Serve as a private attorney general or in a representative capacity. Be in a class action.
Are you waiving class action rights?	Yes.	COURTS AND TPA's WON'T ALLOW CLASS ACTIONS. You waive your rights to be in a class action, as a representative and a member. Only individual arbitration, or small-claims courts, will solve Disputes. You waive your right to have representative claims. The parties do not agree to class arbitration. Unless reversed on appeal, if a court invalidates the class action waiver, then the agreement to arbitrate will be void. If so, only a judge and not a jury will resolve disputes. Class arbitration will not be allowed.
What law applies?	The Federal Arbitration Act ("FAA").	This transaction involves interstate commerce. Thus, the FAA governs. If a court finds the FAA doesn't apply, and the finding can't be appealed, then your state's law governs. The TPA must apply substantive law consistent with the FAA. The TPA must follow statutes of limitation and privilege claims.
Do the parties agree to solve Disputes first?	Yes, by following this Mandatory Dispute Notice Process.	You and we agree to solve Disputes pursuant to this paragraph before litigating or arbitrating. Before taking action, you agree to call us at (917) 206-2006. If this doesn't solve your Dispute, you agree to mail us written notice of the Dispute, within the applicable statute of limitations period. In your notice, tell us the details and how you want to solve it, and personally sign the notice ("Dispute Notice"). The Dispute Notice must be personally signed by you if the Dispute Notice is for you, even if you are represented by counsel. The Dispute Notice must be signed by our representative (if we are sending you a Dispute Notice) even we are represented by counsel. We will try to solve the Dispute and provide a written offer ("Offer"). Once the other party receives the Dispute Notice, you and we agree to participate and negotiate personally (along with counsel if each party so chooses) in good faith about the Dispute for sixty (60) days. This personal participation includes a telephone settlement conference if it is requested by the party that receives the Dispute Notice. We agree to toll any applicable statute of limitations, filing fee, or other deadlines for 60 days after you provide the Dispute Notice. The parties may agree to further extend that period. If we make an Offer, you can reject it and arbitrate or file in small claims court. If we don't solve the Dispute, either party may start arbitration or file in small claims court. Neither party may start arbitration or file in small claims court unless that party first fully complies with the Mandatory Dispute Notice Process. Any arbitration or court proceeding will be enjoined, until the Mandatory Dispute Notice Process is complete. A party may seek monetary relief in connection with non-compliance with this Mandatory Dispute Notice Process in arbitration or small claims court. To start arbitration, contact a TPA or arbitration group listed below. No party will disclose settlement proposals to the TPA during arbitration.
How should you contact us?	By mail.	Send mail to: 44 West 28th St 17th Floor New York, NY 10001 You can call us or use certified mail to confirm receipt.
Can small-claims court solve some Disputes?	Yes.	Each party has the right to arbitrate, or to go to small-claims court if the small-claims court has the power to hear the Dispute. Arbitration will solve all Disputes that the small-claims court does not have the power to hear. If there is an appeal from small-claims court, or if a Dispute changes so that the small-claims court loses the power to hear it, then the Dispute will only be heard by a TPA.
Do other options exist?	Yes.	Both parties may use lawful self-help remedies. This includes any lawful set-off or repossession and sale or lease of the Property including any product or item that is part of the transaction. Both parties may seek those remedies in court or in arbitration, in furtherance of the agreement to arbitrate, which don't claim money damages. This includes equitable individual relief in furtherance of the agreement to arbitrate, pre-judgment seizure, injunctions, or equitable relief.
Will this Clause continue to govern?	Yes, unless otherwise agreed.	The Clause stays effective, unless the parties sign an agreement stating it doesn't. The Clause governs if you rescind the transaction. It governs if you default, renew, prepay, or pay. It governs if you terminate, if you reinstate, and if you return the Property. It governs if your Agreement is impacted by bankruptcy. The Clause remains effective, despite a transaction's termination, amendment, expiration, or performance.

Process

How does arbitration start?	Mailing a notice, after the Mandatory Dispute Notice Process.	After following the Mandatory Dispute Notice Process, either party may mail the other a request to arbitrate, even if a lawsuit has been filed. The notice should describe the Dispute and relief sought. The receiving party must mail a response within 20 days. If you mail the demand, you may choose the arbitration group. Or, your demand may state that you want the parties to choose a local TPA. If related third parties or we mail the demand, you must respond in 20 days. Your response must choose an arbitration group or propose a local TPA. If it doesn't, we may choose the arbitration group.
Who arbitrates?	AAA, JAMS, or an agreed TPA.	You may select an arbitration group from the American Arbitration Association ("AAA") https://www.adr.org, JAMS https://www.jamsadr.com, or New Era ADR https://www.neweraadr.com/contact/. The parties may also agree in writing to a local attorney, retired judge, or TPA in good standing with an arbitration group. But, the TPA must arbitrate under AAA, JAMS, or New Era ADR rules applicable to consumer disputes. You may get a copy of these rules from such group. Any rules that conflict with any of our agreements with you, don't apply. If these options aren't available, and the parties can't agree on another, a court may choose the TPA. Such TPA must enforce your agreements with us, as they are written.
Will the hearing be held nearby?	Yes.	The TPA will order the hearing within 30 miles of your home the transaction location, the TPA's nearest location, or as the parties agree.
What about appeals?	Appeals are limited.	The TPA's decision will be final. A party may file the TPA's award with the proper court. Arbitration will solve appeals of a small-claims court judgment. A party may appeal under the FAA. If the amount in controversy exceeds $1,500.00, a party may appeal the TPA's finding. Such appeal will be to a three TPA panel from AAA, JAMS, or New Era ADR unless the parties agree otherwise. The appeal will be de novo, and solved by majority vote. Subject to applicable law, the appealing party bears appeal costs, despite the outcome.

Arbitration Fees and Awards

Will we advance Arbitration Fees?	Yes, but you may pay costs.	We will advance those "Arbitration Fees" required by applicable law and arbitration group rules that apply. "Arbitration Fees" includes filing, administrative, hearing, and the TPA's fees. You pay your attorney fees and other expenses. The TPA may require you to reimburse such amounts if any of your claims are frivolous.
Are damages and attorney fees possible?	Yes, if allowed by law.	The TPA may award the same damages as a court. TPAs may award reasonable attorney fees, and expenses, if allowed by law.
Will you pay Arbitration Fees if you win?	No.	Subject to applicable law and arbitration group rules, you don't reimburse us the Arbitration Fees unless any of your claims are frivolous.
Will you ever pay Arbitration Fees?	Yes.	If any of your claims are frivolous, the TPA may require you to reimburse the Arbitration Fees.
What happens if you win?	You could get more than the TPA Awarded.	If a TPA's award to you exceeds the last Offer we made before a lawsuit or arbitration was filed, we will pay 3 amounts. We will pay the greater of the award amount or $500.00 ("bonus payment"). We will pay your attorney twice the attorney fees conferred ("attorney premium"). If the TPA orders, we will pay reasonable expert witness costs and other costs you incurred ("cost premium"). If we never made a Offer, we will pay the bonus payment, attorney premium, and any cost premium. The TPA may order the process for payment. If a law allows you more, this Clause won't prevent such award. We won't seek attorney fees and expenses.
Can an award be explained?	Yes.	A party may request details from the TPA, within 14 days of the ruling. Upon such request, the TPA will explain the ruling in writing.
What happens if a part of this Clause cannot be enforced?	It depends.	If any portion of this Clause cannot be enforced, the rest of the Clause will continue to apply, with two exceptions. First, this Clause (except for this sentence) will be void if a court rules that the TPA can decide a Dispute on a class basis and the court's ruling is not reversed on appeal. Second, if a claim seeks public injunctive relief and a court determines that this Clause's restrictions on serving as a private attorney general or in a representative capacity are unenforceable with respect to such claim, then after all appeals have been exhausted, the claim for public injunctive relief will be determined in court. All individual claims seeking monetary relief will be arbitrated. The parties agree to stay claims for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court. The parties agree that class claims and claims for public injunctive relief will not be arbitrated.

Other Options

If you don't want to arbitrate, can you still get a transaction?	Yes. You can get our services and decide not to arbitrate.	Consider these choices: Informal Dispute Resolution. Contact us, and attempt to settle any Disputes. Small-claims Court. Seek to solve Disputes in small-claims court, within state law limits. Get a Lease Without the Clause. Write to us and ask for an Agreement without the Clause. Opt-Out of Arbitration. Sign and then timely opt-out.
Can you opt-out of the Clause?	Yes. Within 60 days.	Write us within 60 calendar days of signing your agreement to opt-out of the Clause for that agreement. List your name, address, account number and date. List that you "opt out." If you opt out, it will only apply to that agreement.