Reading: Terms of Service – Waking Up
The arbitration will be governed by the commercial arbitration Rules ( the “ AAA Rules ” ) of the American Arbitration Association ( “ AAA ” ), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and forms are available on-line at www.adr.org, by calling the AAA at 1-800-778-7879. If you are required to pay a filing fee, after Waking Up receives poster that you have commenced arbitration ( and you have complied with the dispute solution requirements in this Agreement ), Waking Up will reimburse you for your requital of the filing fee, unless your claim is for greater than US $ 10,000, in which event you will be creditworthy for filing fees. The arbiter is bound by the terms of this Agreement. All issues are for the arbiter to decide, including issues relating to the setting and enforceability of this arbitration agreement. Unless Waking Up and you agree otherwise, any arbitration hearings will take place in the county ( or parish ) of your residence. The arbiter ‘s award shall be final and binding on all parties, except ( 1 ) for judicial inspection expressly permitted by law or ( 2 ) if the arbiter ‘s award includes an award of injunctive relief against a party, in which case that party shall have the good to seek judicial revue of the injunctive relief in a woo of competent jurisdiction that shall not be bound by the arbiter ‘s application or conclusions of law.
YOU AND WAKING UP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Waking Up agree, the arbiter may not consolidate more than one person ‘s claims with your claims and may not otherwise preside over any form of a representative or class continue. If this specific provision is found to be unenforceable, then any putative class natural process may only proceed in a court of competent legal power and not in arbitration. WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND WAKING UP BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES. In no event can any claim or action by you related to the Waking Up Services be instituted more than one class after the cause of action originate .