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Section 6B: Warranty and Terms and Conditions 163
DISPUTE RESOLUTION
We Agree To First Contact Each Other With Any Disputes
We each agree to first contact each other with any disputes and provide a written
description of the problem, all relevant documents/information and the proposed
resolution. You agree to contact us with disputes by calling or writing us as
instructed on your invoice. We will contact you by letter to your billing address or
on your Device.
Instead Of Suing In Court, We Each Agree To Arbitrate Disputes
We each agree to finally settle all disputes (as defined and subject to any specific
exceptions below) only by arbitration. In arbitration, there’s no judge or jury and
review is limited. However, just as a court would, the arbitrator must honor the
terms and limitations in the Agreement and can award the same damages and
relief, including any attorney’s fees authorized by law. The arbitrator’s decision and
award is final and binding, with some exceptions under the Federal Arbitration Act
(“FAA”), and judgment on the award may be entered in any court with jurisdiction.
We each also agree as follows:
(1) “Disputes” are any claims or controversies against each other related in any way to
our Services or the Agreement, including, but not limited to, coverage, Devices, privacy,
or advertising, even if it arises after Services have terminated – this includes claims
you bring against our employees, agents, affiliates or other representatives, or
that we bring against you.
(2) If either of us wants to arbitrate a dispute, we agree to send written notice to
the other providing a description of the dispute, previous efforts to resolve the
dispute, all supporting documents/information, and the proposed resolution.
Notice to you will be sent to your billing address and notice to us will be sent to:
General Counsel; Arbitration Office; 2001 Edmund Halley Drive VARESP0513-502;
Reston, Virginia 20191. We agree to make attempts to resolve the dispute. If we
cannot resolve the dispute within forty-five (45) days of receipt of the notice to
arbitrate, then we may submit the dispute to formal arbitration.
(3) The FAA applies to this Agreement and arbitration provision. We each agree the
FAA’s provisions, not state law, govern all questions of whether a dispute is subject
to arbitration.
(4) The arbitration will be administered by the National Arbitration Forum (“NAF”)
under its arbitration rules. If any NAF rule conflicts with the terms of the
Agreement, the terms of the Agreement apply. You can obtain procedures, rules,
and fee information from the NAF at 1-800-474-2371 or www.adrforum.com.