with an Arbitration Opt-out Notice, you acknowledge and agree that you and Staaker are each waiving the
right to a trial by jury or to participate as a plaintiff or class member in any purported class action or
representative proceeding. Further, unless both you and Staaker otherwise agree in writing, the arbitrator
may not consolidate more than one person's claims, and may not otherwise preside over any form of any
class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of
this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this
“Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with
the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes
(the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules
are available at https://www.adr.org/aaa/faces/rules/searchrules or by calling the AAA at
1-800-778-7879). The U.S. Federal Arbitration Act will govern the interpretation and enforcement of this
Section.
A party who desires to initiate arbitration must provide the other party with a written demand for Arbitration
as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at
https://www.adr.org/aaa/faces/services/fileacase/forms). The arbitrator will be either a retired judge or an
attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If
the parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration,
then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Unless you and Staaker agree otherwise, the arbitration will be conducted in the county where you reside.
If your claim does not exceed 10,000 U.S. dollars, then the arbitration will be conducted solely on the
basis of the documents that you and Staaker submit to the arbitrator, unless you request a hearing or the
arbitrator determines that a hearing is necessary. If your claim exceeds 10,000 U.S. dollars, your right to
a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the
discretion to direct a reasonable exchange of information by the parties, consistent with the expedited
nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s
decision will include the essential findings and conclusions upon which the arbitrator based the award.
Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s
award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the
types and amounts of damages for which a party may be held liable. The arbitrator may award
declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide
relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an
award of attorneys’ fees and expenses, to the extent provided under applicable law. Staaker will not seek,
and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if
it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the
AAA Rules. However, if your claim for damages does not exceed 75,000 U.S. dollars, Staaker will pay all
such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your
Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the
standards set forth in Federal Rule of Civil Procedure 11(b)).
If Staaker changes this “Dispute Resolution” section after the date on which you placed your order for a
Product, you may reject any such change by sending us written notice within 30 days of the date such
change became effective. By rejecting any change, you are agreeing that you will arbitrate any Dispute
between you and Staaker in accordance with the provisions of this Dispute resolution section as of the
date you first accepted these Terms (or accepted any subsequent changes to these Terms).
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