Dispute Resolution; Arbitration; Prohibition Of Class Actions. You and Curb Ramp agree that any claim or dispute at law or equity that has arisen or may arise between us in connection with the online services or any product offered on the online services will be resolved in accordance with the provisions set forth in this section. Please read this section carefully. It affects your rights and will impact how claims you and Curb Ramp have against each other are resolved. You and Curb Ramp agree that any and all disputes or claims that have arisen or may arise between you and Curb Ramp in connection with the online services, including, without limitation, any products offered or sold on the online services and your use of the online services, shall be resolved exclusively through confidential, final, and binding arbitration; provided that either party may file suit in court seeking to enjoin infringement, misappropriation or misuse of its intellectual property rights. You are giving up the right to litigate a dispute in court before a judge or jury. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s supplementary procedures for consumer-related disputes (as applicable), as modified by this agreement to arbitrate. The AAA’s rules and a form for initiating arbitration proceedings are available on the AAA’s website at: www.adr.org. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, either you or Curb Ramp may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on the other party subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Georgia, including recognized principles of equity, and will honor all claims of privilege recognized by law. You and Curb Ramp agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Curb Ramp agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other person or party. You are giving up the right to commence or participate in class and representative actions. The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.
Limitations of Liability. In no event shall Curb Ramp be liable for any direct, indirect, punitive, incidental, special consequential damages to property or life, whatsoever arising out of or connected with the use or misuse of our products or services. We assume no liability, expressed or implied, as to the architecture, engineering or workmanship of any project. Consult your local rules and regulations prior to installing. Curb Ramp assumes no liability for violations of law nor regulations.
Additional Assistance. If you have any questions or comments, we invite you to contact Curb Ramp’s customer care department by email at email@example.com.