![]() If for any reason a Claim proceeds in court rather than in arbitration, you and iPage each waive any right to a jury trial. To the fullest extent permitted by applicable law, you and iPage each agree that any proceeding to resolve a Claim will be conducted only in the respective party's individual capacity and not as a plaintiff or class member in any purported class, consolidated, multiple plaintiff or representative action ("Class Action"). Any fees greater than the filing fees of the small claims court in your home jurisdiction will be paid by iPage. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, we will pay all other AAA and arbitrator's fees and expenses. If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA's Consumer Arbitration Rules. The arbitration will be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions. If we do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or iPage may commence an arbitration proceeding. ![]() The Notice must (x) describe the nature and basis of the claim or dispute and (y) set forth the specific relief sought. Postal Service certified mail to: iPage Hosting, Attn: Legal Department, 5335 Gate Pkwy, 2nd Floor, Jacksonville, FL 32256. The Notice to iPage should be sent by any of the following means: (i) electronic mail to or (ii) sending the Notice by U.S. A party who intends to seek arbitration must first send written notice to iPage's Legal Department of its intent to arbitrate ("Notice"). These rules can be found on the AAA website at In the event of a conflict between the commercial arbitration rules and this Arbitration Agreement, this agreement shall control, and the parties shall designate another arbitrator. ![]() The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings will be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer Related Disputes. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would. There is no judge or jury in arbitration, and court review of an arbitration award is limited. Any dispute or claim that remains unresolved after the informal dispute resolution described in Section 1 except for disputes relating to the infringement of our intellectual property rights or the access or use of the Service in violation of these Terms (a "Claim") or Claims seeking more than $10,000 in damages, will be resolved by binding arbitration, rather than in court, provided that you may assert Claims in small claims court located in Suffolk County, Burlington if your Claims qualify. You agree that in the event of any dispute between you and iPage, you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to arbitration under these Terms. iPage may modify this Arbitration Agreement at any time with appropriate notice. Unless otherwise stated, defined terms in this Arbitration Agreement have the meanings provided to them in the iPage Terms of Service. You may opt out of this agreement by following the opt out procedure described in Section 11. ![]() This Arbitration Agreement includes an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Terms Home User Agreement Acceptable Use Policy Domain Registration Agreement Domain Registration Reseller Agreement Anti-Spam Policy Privacy Notice Trademark Disputes for Domain Names Data Request Policy Digital Millennium Copyright Act Microsoft Customer Agreements Professional Services Agreement Affiliate Agreement Referral Program Agreements Report Member Violations If you signed up for or purchased Services on or after July 1, 2017, this Arbitration Agreement applies to you.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |