Please read this section carefully. It affects how disputes between us are resolved and limits the ways you can seek relief.
Governing law. These terms are governed by the laws of the State of New York, without regard to its conflict of law rules.
Talk to us first. Before starting arbitration, send a written description of the dispute and the relief you want to support@zeroclickos.com, or to the mailing address in Section 15. We will do the same for any dispute we have with you. If we cannot resolve it within 60 days, either of us may start arbitration.
Arbitration. Except as stated below, any dispute arising out of or relating to these terms or the service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The arbitration will take place in New York County, New York, or by telephone or video conference at your election, or in the county where you live if you prefer. The arbitrator’s decision is final and may be entered as a judgment in any court with jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this section.
Class action waiver. You and we each agree that disputes will be brought only in an individual capacity, and not as a plaintiff or class member in any class, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over any class or representative proceeding. If this class action waiver is found unenforceable as to a particular claim, that claim, and only that claim, is severed from arbitration and may proceed in court.
Coordinated or mass filings are handled in batches. If 25 or more demands for arbitration raising substantially similar claims are filed against us by or with the assistance of the same law firm or coordinated group of firms within a 90 day period, those demands will be resolved in batches rather than individually. The AAA will group them into batches of no more than 50 claimants each, appoint one arbitrator per batch, and apply a single set of filing and administrative fees per batch rather than per claimant. The first batch will proceed as a bellwether while the remaining batches are stayed, and after the bellwether batch is decided the parties will attempt in good faith to resolve the remaining claims using what it established. If they cannot, the next batch proceeds on the same terms. Any statute of limitations is tolled for all stayed claims while this process runs. This paragraph is essential to our agreement to arbitrate. If it is found unenforceable, our agreement to arbitrate is void in its entirety and disputes will be resolved in court, with the class action waiver above remaining in full force.
Bad-faith claims. The arbitrator may award fees and costs against a party who files a claim or defense that the arbitrator determines was frivolous or brought for an improper purpose, to the extent permitted by applicable law and the AAA rules.
Small claims carve-out. Either of us may bring an individual claim in small claims court instead of arbitration, if the claim qualifies for that court.
Injunctive relief carve-out. Either of us may ask a court for an injunction or other equitable relief to protect intellectual property or to stop unauthorized access to the service.
You can opt out of arbitration. If you do not want to be bound by this arbitration agreement, email support@zeroclickos.com with the subject line “Arbitration Opt-Out” within 30 days of first accepting these terms, including your name and the email address on your account. Opting out does not affect any other part of these terms and will not affect your account in any way.