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Dispute Resolution Policy

Dispute Resolution Policy

POLICIES

Last Revised: January 1st 2021

WHOISBLEST DISPUTE RESOLUTION POLICY

1. Agreement

Read this Dispute Resolution Policy (“Agreement”) carefully. This Agreement explains how you and Whoisblest will resolve any Dispute (as defined below). This Agreement describes the only way such Disputes will be resolved. As explained further below, under this Agreement:

• ALL DISPUTES WILL BE RESOLVED BY INDIVIDUAL, BINDING, NON-CLASS ARBITRATION

• DISPUTES WILL NOT BE RESOLVED IN COURT

• DISPUTES WILL NOT BE RESOLVED BY JUDGE OR JURY

• THERE WILL BE NO CLASS ACTIONS OR CLASS ARBITRATIONS

If you agree to our Purchase Terms or our Terms of Use or otherwise agree to this Agreement, you consent to all of these terms.

  1. Parties

This is an agreement between you and Whoisblest, Inc. (“WHOISBLEST,” “we,” “our,” and “us”).

The Agreement also benefits Whoisblest agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing products or services to you in connection with or related to your purchase of a product or service from Whoisblest. These are called “Related Parties.”

  1. Disputes

The Agreement applies to any dispute between you and Whoisblest and Related Parties. A Dispute is a disagreement that could be the subject of a civil lawsuit or administrative complaint.

Disputes include, for example, claims that you, Whoisblest, or Related Parties:

• Violated a federal or state law;

• Breached a contract;

• Were reckless or negligent, and caused harm;

• Committed some intentional harm (a tort); or

• As a matter of equity, owe something not yet paid.

These are just examples. Disputes also include:

• demands for money;

• demands that a party takes some action or refrains from taking action (injunctive relief); and

• demands for a court or administrative body to say who is right and who is wrong (declaratory relief)

  1. Negotiation

You and Whoisblest agree first to attempt to negotiate the resolution of any Dispute informally for at least thirty (30) days before either party initiates any arbitration or court proceeding.

Negotiations will begin upon receipt of written notice by the party raising the Dispute. Whoisblest will send its message using available information – for example, if available, it will mail a copy to you at your billing address and will e-mail a copy to you at the e-mail address you have provided to us.

You will send your notice to:

Support@whoisblest.com

5. Binding Arbitration

If a Dispute cannot be resolved through negotiations within thirty (30) days, either you or Whoisblest may elect to have the Dispute decided by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other.

• In arbitration, a private organization (“the Arbitrator”) decides the Dispute. This is not a judge, and there is no jury.

 

• The Arbitrator follows the procedural rules that the parties agreed to beforehand and the Arbitrator’s own rules.

 

• The Arbitrator’s decision is binding and cannot be appealed, except in limited circumstances like fraud or collusion.

  1. Scope Of Arbitration

The Arbitrator will determine the scope and enforceability, including whether a Dispute is subject to arbitration. The Arbitrator has the authority to decide all issues of what can and cannot be arbitrated.

Where any action includes claims that are arbitrable and claims that are not, the entire action shall be stayed, absent a showing of prejudice to the complaining party, pending the completion of the arbitration of the arbitrable issues. You or Whoisblest can request the stay be lifted upon a showing of prejudice.

  1. Selection Of Arbitrator

JAMS will conduct any arbitration under this Agreement:

https://www.jamsadr.com/about-jams/

If JAMS is unable to conduct the arbitration for any reason, either you or Whoisblest may seek resolution of the Dispute through arbitration by another national arbitration company.

  1. Selection Of Rules

Any arbitration under this Agreement will be conducted according to JAMS’ Streamlined Arbitration Rules and Procedures, available at:

https://www.jamsadr.com/rules-streamlined-arbitration/

If for any reason JAMS is not available or no longer maintains these rules, the Arbitrator will apply the closest equivalent set of rules.

  1. Conduct Of Arbitration

The arbitration may be conducted in person by submitting documents, by phone, or online. The Arbitrator will decide the fairest way to proceed.

The parties understand that the right to discovery may be more limited in arbitration than in court. However, each side will be permitted discovery sufficient to allow that side a fair opportunity to present or defend their claims.

The Arbitrator will decide in writing. If you or Whoisblest asks for it, the Arbitrator will explain the reasons on which the decision was based. The Arbitrator must follow the applicable law.

The Arbitrator's decision shall be final and binding on you and Whoisblest, and any award of the Arbitrator may be entered in any court of competent jurisdiction.

  1. Costs And Discovery

In some instances, the costs of arbitration could exceed the costs of litigation. You and Whoisblest agree that you shall each bear your costs of arbitration, including, without limitation, attorneys’ fees.

  1. Class And Collective Action Waiver

You and Whoisblest agree that any arbitration or court proceeding shall be limited to the Dispute between Whoisblest and you individually. YOU ACKNOWLEDGE AND AGREE THAT:

a) A CLAIM BY, OR ON BEHALF OF, OTHER PERSONS, WILL NOT BE CONSIDERED IN, JOINED WITH, OR CONSOLIDATED WITH, THE ARBITRATION PROCEEDINGS OR ANY COURT PROCEEDINGS BETWEEN YOU AND WHOISBLEST;

b) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED, ADJUDICATED, OR RESOLVED THROUGH COURT PROCEEDINGS ON A CLASS-ACTION BASIS OR TO USE CLASS ACTION PROCEDURES; AND

c) YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS FOR ANY DISPUTE SUBJECT TO ARBITRATION OR ANY DISPUTE BROUGHT IN COURT.

The Arbitrator will resolve any Dispute regarding the prohibitions in the prior sections following this Agreement.

Suppose, for any reason, this class or collective action waiver is deemed unenforceable by a court or Arbitrator. In that case, you agree that the parties’ contract to Arbitrate is then void, and any ongoing or future Dispute will be submitted to a court of competent jurisdiction within Los Angeles County, State of California, United States of America, to the exclusion of arbitration. Any Dispute at that time in arbitration will be dismissed without prejudice and refiled in a court. Under no circumstances do you or Whoisblest agree to class or collective procedures in arbitration or court proceedings or the joinder of claims in arbitration or court proceedings.

  1. Jurisdiction

There is a federal law that applies here, the Federal Arbitration Act, 9 U.S. Code § 1, et seq. The Federal Arbitration Act will apply to any Disputes.

You or Whoisblest can seek provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

You and Whoisblest agree to submit to the jurisdiction of the state and federal court in Los Angeles County, California for such provisional remedies or to enforce this Agreement, and we both irrevocably submit to the exclusive jurisdiction and venue of such courts.