Please read this section carefully. It affects your right to go to court, have a jury trial, or participate in a class action.
a. Agreement to arbitrate. Except for the claims carved out in (d) below, you and RidgeVia agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of Crestcamp will be resolved by binding, individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.
b. No class actions. All claims must be brought in a party's individual capacity, not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator has no authority to combine more than one person's claims or to preside over any form of a class or representative proceeding.
c. Jury trial waiver. You and RidgeVia each waive any right to a jury trial for any arbitrable dispute.
d. Carve-outs. Either party may instead bring an individual claim in small-claims court, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party's intellectual property or confidentiality obligations.
e. Opting out. You may opt out of this arbitration agreement by sending written notice to ridgeviallc@gmail.com within 30 days of the date you first agreed to these Terms, stating your name, the practice you're associated with, and that you opt out of this arbitration agreement. Opting out does not affect any other part of these Terms.
f. Procedure. Arbitration will take place in New York, New York, or, at the arbitrator's discretion, remotely by videoconference or telephone. Judgment on the arbitration award may be entered in any court having jurisdiction.
g. Governing law. Apart from the Federal Arbitration Act's application to this section, these Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws principles.