ActualPeopleSearch

Terms of Service

Effective:
April 15, 2026
Last updated:
April 15, 2026

Terms of Service Effective Date: April 15, 2026

ActualPeopleSearch (“Company”, “our”, “us” or “we”) grants you access to our sites, such as www.actualpeoplesearch.com (the “Websites”) conditioned on your acceptance of these terms (“Terms of Service”).

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. tHESE Terms of Service constitute a legally binding agreement BETWEEN you and us, and BY USING THE WEBSITES, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF SERVICE AS IT RELATES TO THE USE OF THE WEBSITES. you represent and warrant that you are at least 18 years of age and HAVE legal competence to enter into this agreement. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MUST CEASE USING THE WEBSITES IMMEDIATELY.

BINDING ARBITRATION

By accepting these Terms of Service, as detailed below, YOU AGREE TO RESOLVE ANY DISPUTE IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITES THROUGH BINDING ARBITRATION AND TO WAIVE YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION LAWSUIT. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Service (except for matters that may be taken to small claims court and as further described below). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY, and YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION. Please review the section of these Terms of Service titled “LEGAL DISPUTES AND ARBITRATION” for the details regarding your agreement to arbitrate any disputes with us.

MODIFICATIONS TO THESE TERMS OF SERVICE

We reserve the right, in our sole discretion, to modify these Terms of Service at any time without notice to you. We will post all modifications to these Terms of Service on the Websites, and they will become effective immediately upon being posted to the Websites. Your continued use of the Websites following the posting of such modifications constitutes your acceptance of them. Therefore, you should check the Effective Date of these Terms of Service each time that you visit the Websites and review any modifications made since the last time that you visited them.

PRIVACY POLICY

We will treat all personal information that you choose to provide to us through the Websites in accordance with our privacy policy located at Privacy Notice (the “Privacy Policy”). By using the Websites, you consent to the privacy practices set forth in the Privacy Policy.

MODIFICATIONS TO THE WEBSITES

We may terminate, change, suspend, or discontinue the Websites and/or any aspects of the Websites at any time without notice to you.

INTELLECTUAL PROPERTY AND PROPRIETARY MATERIALS

The technology and information provided on the Websites are owned by or licensed to Company and protected by United States and international intellectual property laws. Company and its licensors retain all intellectual property rights and proprietary rights to that information and technology (“Proprietary Materials”). The trademarks, service marks, trade names, and logos appearing on this site are trademarks of Company and or its affiliates or licensors.

The entire content of the Websites is protected by copyright and other intellectual property rights. Unless permitted under these Terms of Service, no part of the Websites may be reproduced, duplicated, copied, downloaded, stored, further transmitted, disseminated, transferred, or otherwise exploited, either manually or by automated means using bots, spiders, or web scraping tools, without Company’s prior written consent.

Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.

INFORMATION AVAILABLE THROUGH THIRD-PARTY WEBSITES OR SOURCES

The Websites may include links to other websites, content, or services beyond the control or verification of Company (collectively, “Unverified Content”). This information may be made available to users through the Websites.

We do not review or evaluate Unverified Content. We do not evaluate each piece of information provided, and we make no guarantees to our users about the accuracy, legitimacy, or legality of any information or how recently any information was collected or updated. As a user of the Websites, you agree that there are no warranties or guarantees regarding the information provided. Further, you agree that your reliance on the information available through the Websites is at your own risk.

RESTRICTIONS

You agree that you will not yourself or through any third party: (i) use the Websites in a manner that violates applicable laws, including, without limitation, the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM”), the Telephone Consumer Protection Act (“TCPA”), and any similar federal, state, or local laws, or the rights of third parties, including, without limitation, intellectual property laws and third-party rights with respect thereto; (ii) engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Websites or which may harm us or other users of the Websites; (iii) violate the security of the Websites, including by using any device, software or routine that interferes with the proper functioning of the Websites, accessing or attempting to access any systems or servers on which the Websites are hosted, modifying or altering the Websites in any way or forging headers, misrepresenting your identity or otherwise manipulating identifiers to deceive others; (iv) use automated communication tools to dial, text, call, or otherwise exploit any contact information or personally identifiable information found on the Websites; (v) use automated data extraction tools or manual processes to extract Proprietary Materials from the Websites; (vi) use the Websites in order to determine consumer eligibility for any purpose covered by the Fair Credit Reporting Act (15 U.S.C. § 1681b) (the “FCRA”), Federal Trade Commission or court interpretations of the FCRA, or similar state statutes (as further described herein); (vii) except as otherwise explicitly provided on certain Proprietary Materials that you may access through the Websites, remove, conceal or alter any identification, copyright or other proprietary rights notices or labels on the Websites or Proprietary Materials; (viii) use the Websites in a manner intended to stalk, threaten, intimidate, or otherwise harass any person, or that may reasonably be expected to cause emotional distress or physical harm to any person; (ix) use the Websites to seek information about minors, celebrities, or public figures; (x) use the Websites to promote, facilitate, or provide instructional information about illegal activities, or to advocate, promote, or incite physical harm or injury against any individual or group; or (xi) sell, resell, lease, license, sub-license, distribute, or otherwise commercialize any information obtained from the Websites without our prior written consent.

You further agree that you will not use the Websites or any information acquired from the Websites to evaluate a consumer’s eligibility for credit or insurance to be used primarily for personal, family, or household purposes, to evaluate a person’s eligibility for employment or volunteering purposes, to evaluate a person’s eligibility for a government license or benefit, to evaluate a person for renting a dwelling property, or for any other purpose specified in the FCRA.

THIRD-PARTY WEBSITES

We may include links on the Websites to third-party websites that we do not control or operate (each, a “Third-Party Website”). We are not responsible for any information, content, advertising, products, services, or other materials on any Third-Party Website, and the presence of such links does not constitute our endorsement, approval, or sponsorship of any Third-Party Website. If you choose to link to any Third-Party Website, you are doing so at your own risk, and you will be subject to the Terms of Service of that website. Therefore, before interacting with any Third-Party Website, you should consult the legal terms governing the use of such Third-Party Website. We expressly disclaim any and all liability resulting from your use of any Third-Party Website.

DISCLAIMER

THE WEBSITES, ALL CONTENT PROVIDED THEREIN, AND PROPRIETARY MATERIALS ARE PROVIDED “AS-IS”, “WHERE-IS” AND “AS-AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY HEREBY EXPRESSLY DISCLAIMS ON BEHALF OF OURSELF AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE “COMPANY PARTIES”) ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER COMPANY NOR ANY OF THE COMPANY PARTIES REPRESENTS OR WARRANTS THAT THE WEBSITES WILL BE ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED OR THAT THE WEBSITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DOES COMPANY OR ANY OF THE COMPANY PARTIES MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, QUALITY, PERFORMANCE OR SUITABILITY OF THE WEBSITES OR PROPRIETARY MATERIALS.

MARKETING COMMUNICATIONS

Company is committed to complying with all applicable laws and regulations regarding its marketing communications. You agree that Company and the Company Parties may collect, store, process, analyze, and utilize your contact information, including, but not limited to, phone number, email address, mailing address, and other contact details you provide to send you updates about services, promotional offers, and other pertinent product information. Such communications may be sent through various methods, including phone, mail, email, text message (such as SMS/MMS), chat (such as RCS), push notifications, or other mediums. For text messages, the frequency of the text messages may vary, and standard data rates may apply. You agree that Company and the Company Parties may monitor, record, retain, or transcribe any telephone calls, emails, chats, or other communications with you, regardless of the medium. You may opt-out of marketing communications by following the instructions within the communication or contacting Company at [email protected].

For questions about your privacy, please review Company’s Privacy Notice.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED ONE-THOUSAND DOLLARS ($1,000.00) FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

You shall indemnify, defend, and hold harmless Company and the Company Parties from and against any and all claims, actions, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees, collection costs, and other defense costs) arising out of or relating to your use of the Websites or Proprietary Materials or your violation of these Terms of Service.

TERMINATION OF THESE TERMS OF SERVICE

We may, without notice to you, immediately terminate these Terms of Service if you breach them or engage in conduct that we, in our sole discretion, believe violates applicable law, our rights, or the rights of other users of the Websites.

Upon termination of these Terms of Service, your right to use the Websites and Proprietary Materials will immediately terminate.

COMPLETE AGREEMENT

Please note that the Websites may include summary descriptions or other general information about our products or services. While we strive for accuracy, these materials are intended only as overviews.

These Terms of Service constitute the entire agreement between you and us with respect to your use of the Websites and Proprietary Materials.

LEGAL DISPUTES AND ARBITRATIONPlease Read This Following Clause Carefully - It Significantly Impacts Your Legal Rights, Including Your Right to File a Lawsuit in Court

Under this arbitration clause (“Clause”), either you or we may elect for an arbitrator to decide in an arbitration any claims between you and us that a court would normally decide (including contract claims, fraud and other tort claims and statutory claims, as well as claims for money, injunctions or other equitable or declaratory relief).

  • What is an Arbitration? An alternative to a court case. In an arbitration (“Arbitration”), a neutral third party (“Neutral”) decides claims without a judge or jury. The hearing is private. It is usually less formal and faster than a lawsuit. It can save legal fees. It involves limited pre-hearing fact-finding and limited appeals. Courts rarely reverse Arbitration awards.
  • What is this Clause about? Your and our agreement to decide certain “Claims” through Arbitration. Generally, either you or we may elect to decide any “Claim” (as defined in 15.4) through an individual Arbitration or, for certain “Mass Claims,” a “Group Arbitration” (as such terms are defined in 15.5 and 15.11(vi)).
  • Who does this Clause cover? You and us. This Clause governs you, the person using the Websites, and us. Solely as used in this Clause, the words “we,” “us,” and “our” mean Company and the Company Parties.
  • What Claims does this Clause cover? All legal claims (except certain claims about this Clause). This Clause governs all “Claims” between you and us that a court would normally decide. The word “Claims” has the broadest reasonable meaning. “Claims” includes claims based on contract, statute, ordinance, rule, regulation, constitution or any other legal theory. It includes tort claims (including fraud and intentional tort claims). “Claims” includes claims for money, injunctions or other equitable or declaratory relief. It includes direct claims, counterclaims, and crossclaims. “Claims” includes claims that arose before this or any prior agreement between us (including, but not limited to, claims relating to advertising or disclosures), and claims that may arise after the termination of this agreement.

BUT, “Claims” does not include disputes about the validity, coverage, or scope of this Clause or any part of this Clause. This includes:

  • issues relating to the scope and enforceability of this Clause,
  • whether a dispute can or must be brought in arbitration,
  • whether the American Arbitration Association (“AAA”) cannot or will not administer the arbitration in accordance with this Clause,
  • whether Section 15.5 has been complied with or violated for purposes of awarding relief under that Section that a court can award, and
  • whether Sections 15.10, 15.11, or 15.12 have been complied with or violated.

All such disputes are for a court and not a Neutral to decide.

  • Pre-Filing Requirements. Before starting a lawsuit or Arbitration, the party with a Claim (the “Claimant”) must comply with all of the rules set forth in this section 15.10 (the “Pre-Filing Rules”). The Claimant must give the other party (the “Respondent”) a written notice (“Claim Notice”). The Claim Notice must state the claimant’s name, mailing address, email address, phone number, and explain in reasonable detail the nature of the Claim, any supporting facts, the requested relief, and how such relief was computed. If you are the Claimant, you must send the Claim Notice in writing to us by U.S. mail or professional courier service, addressed to: General Counsel, ActualPeopleSearch, 14205 N Mo Pac Expy Ste 570 PMB 29296, Austin, TX, 78728-6529, US (“Notice Address”). You and any lawyer you have hired for the Claim must manually sign the Claim Notice, and the Claim Notice must give your full name and full contact information for you and your lawyer (if any). If you are represented by a lawyer, your lawyer must certify in your Claim Notice whether or not your lawyer knows or has good reason to believe that your Claim will be a “Mass Claim.” (“Mass Claims” are Claims made by 25 or more individuals (“Mass Claimants”) who have retained at any time the same lawyer or coordinating lawyers for such Claims.) If so, or if it is later shown that the Claim is a Mass Claim, the Mass Claim will be subject to the “Mass Claims Rules” section of this Clause (the “Mass Claims Rules”). By signing the Claim Notice, you and your lawyer certify that, after a reasonable investigation, all facts set forth in the Claim Notice are true and not misleading to the best of the signer’s knowledge. To protect Your privacy, you might be required to provide both your authentication and consent for us to discuss your Claim Notice or any other information with anyone but you, including an attorney (“Authentication and Consent”).

If we are the Claimant, we may send a Claim Notice to you at any physical or email address we have for you in our records. A Company representative must sign any Claim Notice we send. A notice or letter stating that any amount you owe us is past due will serve as a Claim Notice.

Whoever sends the Notice must give the other party 60 days after receipt of a complete Claim Notice (including Your Authentication and Consent, if required) to investigate the Claim (the “Pre-Filing Period”). During the Pre-Filing Period, either You or Company may request an individualized discussion (by phone call or videoconference) regarding the Claim Notice (“Meet-and-Confer”). You and Company must work together in good faith to select a mutually agreeable time for the Meet-and-Confer (which can be after the 60-day period). You and a Company representative must personally participate, unless otherwise agreed in writing. Your and Company’s lawyers (if any) can also participate. The Meet-and-Confer will be limited to Claims between you and us.

No Claimant may start an Arbitration until the Claimant complies in full with these Pre-Filing Rules. This includes: (i) giving a Claim Notice; (ii) trying to settle the Claim in good faith; (iii) upon request, participating personally in a Meet-and-Confer on an individual basis; and (iv) for Mass Claims, complying with the Mass Claims Rules.

Any applicable statute of limitations or contractual limitations period will be tolled for the Claims and requested relief in the Claim Notice during the “Pre-Filing Period.” The Pre-Filing Period is the number of days between the date that the complete Claim Notice (and Authentication and Consent, if required) is received by the other party and the later of (i) 60 days later or (ii) the date the Meet-and-Confer is completed, if timely requested.

If we give written notice that you have not complied with the Pre-Filing Rules, no person may accept your Arbitration filing or proceed under this Clause unless you obtain a court order (no longer subject to appeal) that authorizes the filing. If you do not comply with the Pre-Filing Rules, you agree that we are entitled to an injunction and/or money damages for our Arbitration filing fees and our reasonable legal fees and costs to enforce the Pre-Filing Rules.

  • Commencement of Arbitration or Litigation. If and when the Claimant has complied with the Pre-Filing Rules, including the pre-filing terms of the Mass Claims Rules (when they apply), the Claimant may file a lawsuit or an Arbitration with the American Arbitration Association (the “AAA”) or any Neutral appointed by a court (or by a Process Neutral appointed under the Mass Claims Rules). If the Claimant starts or threatens a lawsuit, the Respondent may demand an Arbitration instead. The Respondent may make this demand in court papers. The Respondent may make this demand if the Claimant starts a lawsuit on an individual basis and then tries to pursue a class action. Any lawsuit must stop at once if the Respondent makes an Arbitration demand. Arbitrations are conducted under this Clause and, for AAA Arbitrations, the AAA Rules in effect at the time the Arbitration is filed, including AAA’s Consumer Arbitration Rules and, if applicable, the AAA Consumer Mass Arbitration Rules. The Neutral must be a lawyer with at least ten years of experience or a retired judge unless you and we otherwise agree. No Arbitration brought on a class basis may be managed or conducted without our consent by any Neutral who would permit a class Arbitration under this Clause.

Lawsuits: The Claimant may bring a lawsuit instead of an arbitration if the Respondent does not demand an Arbitration. Also, some Claims for a public injunction may be brought in court. See “Invalid Terms.” Finally, either party may start or require that a small claims court decide any individual Claim that such court may hear under its rules. The judge hearing such a Claim will be treated as the Neutral under this Clause. The judge’s decision will be treated as an Arbitration award under this Clause. The small claims court will conduct its hearing under its own rules.

Waivers: If you start an Arbitration or we demand an Arbitration of a Claim you bring in court, you give up your right to: (i) have a court or jury decide the Claim; (ii) bring the Claim as a private attorney general or representative of other parties; (iii) without our consent, join the Claim with claims of other consumers; or (iv) engage in a class action or class Arbitration as a class representative or class member. But, see “Invalid Terms” as to public injunction Claims.

Invalid Terms: (i) You must give us written notice and at least 30 days to cure any problem that might prevent an Arbitration of a Claim. We may waive any rights or amend this Clause at any time without your consent, solely to cure any such problem or to give you more rights and/or less duties. (ii) If any part of this Clause is held invalid, generally the rest of this Clause will continue to apply. (iii) But, if a court rules that the Neutral can decide a Claim on a class or other representative basis and the ruling becomes final after all appeals, only this sentence will apply and the remainder of this Clause will be void. (iv) And, if you bring a Claim for public injunctive relief and a court enters an order, not subject to further appeal, that the limits on representative Claims are invalid regarding such Claim, such Claim will be decided in court, and any individual Claims for monetary relief will be arbitrated. In such a case, the parties will ask the court to stay the Claim for public injunctive relief until a court has entered the Arbitration award as to individual relief.

  • Applicable Law. Use of the Websites involves interstate commerce. Thus, the Federal Arbitration Act (the “FAA”) governs this Clause. The Neutral must apply substantive law and comply with the FAA. The Neutral must honor statutes of limitation and privilege rights. As to punitive damages, the Neutral must honor constitutional standards that apply in court.

  • Arbitration Procedures. The Neutral shall be bound by the terms of this arbitration provision. The Arbitration will be governed by the Consumer Arbitration Rules (“AAA Rules”) of the AAA, as modified by this Arbitration provision. The AAA Rules are available online at www.adr.org or by writing to the Notice Address. The AAA shall administer the Arbitration. If the AAA is unavailable or unwilling to administer the Arbitration in accordance with this arbitration provision, the Arbitration will be administered by another Arbitration provider that the parties agree to or that the court selects (“Manager”).

As in court, You and Company agree that any counsel representing someone in Arbitration certifies that they are complying with the requirements of Federal Rule of Civil Procedure 11(b), including a certification that the Claim or the relief sought is neither frivolous nor brought for an improper purpose. The Neutral is authorized to impose any sanctions available under the AAA Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law against all appropriate represented parties and counsel.

Unless Company and You agree otherwise, any Arbitration hearings will take place in the county (or parish) of Your residence at the time of the filing of the Claim. If You bring a Claim for $10,000 or less, we agree that You may choose whether the Arbitration will be conducted solely on the basis of documents submitted to the Neutral, 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.

Neutrals may consider rulings in prior Arbitrations involving different Company users, but a Neutral’s ruling will not be binding in proceedings involving different Company users.

Unless the parties agree otherwise, You and we must bring all directly related Claims in a single Arbitration proceeding. If You or we later initiate a subsequent Arbitration asserting Claims that are directly related to ones that were raised in a prior Arbitration between the same parties, the AAA or the Neutral shall either (i) consolidate the subsequent Arbitration with the earlier proceeding if it is ongoing or (ii) dismiss any claims raised in the subsequent Arbitration that would be barred by applicable law if brought in court.

Regardless of the manner in which the Arbitration is conducted, the Neutral shall issue a written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as provided in Section 15.10, the Neutral can award the same damages and relief that a court can award under applicable law. Although under some laws Company may have a right to an award of attorneys’ fees and expenses if it prevails in an Arbitration, Company agrees that it will not seek such an award unless You are represented by an attorney and the Neutral has determined that Your Claim is frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)).

Cost Reduction Measures: To the extent possible, Neutrals must try to limit costs and burdens on the parties. Thus, where possible, Neutrals must employ the following measures (the “Cost Reduction Measures”): (i) conduct document-only Arbitrations, without oral argument or an in-person hearing; (ii) allow the parties to introduce any needed testimony through excerpts from recorded depositions of party witnesses; (iii) conduct any necessary hearing virtually or by conference call; (iv) hold any in-person hearing at a place reasonably convenient to you and us; and (v) follow expedited procedures. Where possible, a Process Neutral shall decide how to apply the Cost Reduction Measures.

  • Fees and Costs. The AAA, a Process Neutral or the Neutral in your Arbitration will decide each party’s share of fees and costs for Arbitrations. But, we will pay all Arbitration fees and costs required by law or required to enforce this Clause. If you win an Arbitration you start, we will pay your reasonable fees and costs for attorneys, experts and witnesses if required by law or required to enforce this Clause. The Neutral need not limit a fee award because your Claim is for a small amount.

Unless it would conflict with law or make this Clause invalid:

  • A party is entitled to its reasonable fees and costs if the other party brings or defends a Claim for any improper purpose, including to harass the injured party, cause unnecessary delay or increase costs to the injured party.

  • At any time after the Claimant gives a Claim Notice (including before any Arbitration begins), either party may make a written offer to settle the Claim. If the settlement offer is rejected but the Neutral’s award is no better to the rejecting party, then that party must bear its own post-offer legal and Arbitration fees and costs. Also, the rejecting party must pay the other party all reasonable post-offer Arbitration fees and costs the other party incurs but not any amount that exceeds the amount you would otherwise receive in the Arbitration.

  • The party who receives a settlement offer may only disclose it to support a claim for relief under subsections (i) or (ii) of this “Fees and Costs” section.

    • Requirement of Individual Arbitration. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both You and Company agree otherwise, the Neutral may not consolidate more than one person’s Claims, and may not otherwise preside over any form of a class, representative, or private attorney general proceeding. The Neutral may award any relief that a court could award, so long as the relief is individualized to the claimant and would not affect other Company users. Neither You nor we may seek non-individualized relief that would affect other Company users. If (after exhaustion of all appeals) a court decides that any of this Section’s limitations are unenforceable as to some aspect of the case, then all other aspects of the case must be arbitrated first. After completing Arbitration, the remaining (non-arbitrable) aspects of the case will then be decided by a court.

    • Administration and Requirements of Mass Claims. Despite any language in this Clause to the contrary:

  • If you and/or your counsel know or have good reason to believe that there are or will be Mass Claims, you must comply with the “Pre-Filing Rules” and the Mass Claims Requirements before filing any lawsuit or Arbitration.

  • At any time, upon our request or the request of the Mass Claimants (the two “Sides”), the AAA shall appoint a Neutral (a “Process Neutral”) to decide any scheduling, discovery, or other process issues the two Sides cannot resolve through discussion. Decisions of the Process Neutral are not subject to appeal.

  • No Mass Claimant may file any Mass Claim in court or an Arbitration until 210 days run from the first delivery of a Notice by a Mass Claimant or, if earlier, until counsel for the Mass Claimants (“Mass Claims Counsel”) certifies in writing that the Pre-Filing Period has run for all or substantially all the Mass Claims.

  • Once this no-filing period ends, each Side will select up to 10 Mass Claims for individual Arbitrations under this Clause (“Initial Arbitrations”).

  • Soon after all Initial Arbitrations have ended (or sooner if both Sides agree), both Sides will engage in a single mediation of all remaining Mass Claims (the “Mediation”). We will pay the mediator fees. If the two Sides cannot agree on a mediator within 30 days, AAA, the Manager, a Process Neutral, or a court will appoint the mediator. Both Sides must cooperate to schedule the Mediation soon after the mediator is appointed.

  • If the two Sides do not settle all Mass Claims within 30 days after the end of the Mediation, either Side (the “Elector”) may give a written notice to the other Side (the “Receiver”) within 60 days after the end of the Mediation (a “Group Election”). The Group Election must state that, in the Elector’s view, the Claims of the remaining Mass Claimants (the “Remaining Claimants”) include common issues best resolved through Arbitrations among groups of Mass Claimants (“Qualifying Groups”) and us (“Group Arbitrations”).

  • If either Side makes a Group Election, the Elector and Receiver must try in good faith to agree: (a) whether Group Arbitrations are warranted; (b) if so, how many Remaining Claimants should be in each Qualifying Group; and (c) how Mass Claimants should be assigned to Qualifying Groups. If the two Sides cannot agree on the above matters in this subsection within 30 days, a Process Neutral will decide.

  • Before the Remaining Claimants start any Group Arbitration, the two Sides will ask AAA how much it will charge for Group Arbitrations. Neither Side shall start a Group Arbitration before 30 days have run from the time AAA gives the two Sides final price data for Group Arbitrations.

  • No Neutral in a Group Arbitration may decide any class Claim or any Claim for a public injunction.

  • The Process Neutral will decide how the two Sides will share the Neutral’s fees and charges in each Group Arbitration (or else the Neutral in each Group Arbitration will decide), without regard to AAA Rules that would otherwise apply. But, we will ordinarily bear at least 50% of such fees and charges.

  • If neither Side makes a Group Election and Mass Claims Counsel certifies that individual issues predominate over common issues for all your Claims, you may bring a lawsuit against us to resolve any remaining Claims. In such an event, you may not bring an arbitration against us. But, we may still elect an Arbitration of any Claims other than public injunction claims if you try to assert in court any Claims on a class or representative basis.

  • If: (a) neither Side makes a timely Group Election within 60 days from the end of the mediation after the Initial Arbitrations; (b) either Side makes a timely Group Election and AAA provides final price data for Group Arbitrations; or (c) Mass Claims remain after the final Group Arbitrations, within 30 days after any such event either Side may give written notice to the other Side (a “Manager Rejection Notice”) that it elects for Neutrals (“Further Neutrals”) to conduct any further Single Arbitrations or Group Arbitrations (“Further Arbitrations”) without help from AAA. In such an event, the two Sides will agree on Further Neutrals or the Process Neutral will appoint such Further Neutrals (or, failing that, a court will appoint such Further Neutrals). The Process Neutral (or court) should try to appoint qualified Neutrals who charge no more than the amount Neutrals charge for AAA mass Arbitrations. Once a Further Neutral has been selected and retained for a Further Arbitration, such Further Neutral will start and conduct such Further Arbitration per this Clause and such further procedures as such Further Neutral shall adopt with due regard to the AAA Rules.

  • Each Side may introduce in any Initial Arbitration or Further Arbitration prior recorded live testimony from any other Arbitration of a Mass Claim.

  • The Neutral hearing any Mass Claim shall limit Mass Claimants from obtaining new and duplicative discovery from us by, among other things, allowing discovery obtained from us in any Arbitration of a Mass Claim to be used by all of the Mass Claimants in any other Arbitration or lawsuit between a Mass Claimant and us.

  • Absent your and our written consent, no person may serve as Neutral for more than one Initial Arbitration or Further Arbitration involving the Mass Claimants.

  • You agree that Mass Claims Counsel will act for you and all other Mass Claimants.

  • The statute of limitations on any Claim you bring will not run from the time you file a proper Claim Notice until you are first allowed to start a lawsuit or Further Arbitrations.

  • While the Mass Claims Rules are designed to resolve Mass Claims fairly, quickly, and efficiently, you understand that your Claim may not be selected for an Initial Arbitration or resolved in a Group Arbitration. You further understand that, in some cases, the resolution of any Mass Claims you assert may be delayed by these Mass Claims Rules.

If this Section applies to a Notice, the Informal Resolution Period for the Claims and relief set forth in that Notice will be extended (including the tolling of any applicable statute of limitations or contractual limitations period for the Claims and requested relief) until that Notice is selected for a staged proceeding, withdrawn, or otherwise resolved.

This Section and each of its requirements are intended to be severable from the rest of this Clause. If, after exhaustion of all appeals, a court decides that the staging process in this Section is not enforceable, then the cases may be filed in Arbitration, and the payment of AAA fees will be assessed as the Arbitrations advance and Neutrals are appointed rather than when Arbitrations are initiated.

  • Future Changes to Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, if Company makes any future change to this arbitration provision (other than a change to the Notice Address, website links, or telephone numbers listed in this provision), You may reject any such change by sending us written notice via U.S. mail within 30 days of the first notice of the change to the Notice Address Above. Include Your name, address, phone number, account name, and a statement personally signed by You that You wish to reject the changes to the arbitration provision. By rejecting any future change, You are agreeing that you will arbitrate any dispute between You and Company in accordance with the language of this arbitration provision.

SEVERABILITY

If any provision of these Terms of Service is found to be invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms of Service will remain in full force and effect.

CONTACT US

If you have any questions about these Terms of Service, please contact us at [email protected]