LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES.
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 terminatedthis 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
122 | Section 5B: Terms and Conditions |
