PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FROM MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

WE BOTH AGREE TO ARBITRATE: You and CleverIdiot agree to resolve any claims relating to these Terms & Conditions through final and binding arbitration.

What is arbitration? Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. In any provision of this ‘Third-party links’ is found unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

Arbitration procedures: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Conditions shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in these Conditions, the rules set forth in these Conditions will govern.

The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at https://www.jamsadr.com/ or 1-800-352-5267. To initiate arbitration, you or CleverIdiot must do the following:

1.  Write a demand for Arbitration. The demand must include a description of the claim and the amount of damages sought to be recovered. You can find a copy of a “Demand for Arbitration” at www.jamsadr.com;
2. Send three copies of the “Demand for Arbitration”, plus the appropriate filing fee to your local JAMS office or to JAMS, 1717 Arch Street, Suite 3810, Philadelphia, PA 19103; and
3. Send one copy of the “Demand for Arbitration” to the other party.

Authority of Arbitrator: The arbitrator will decide the rights and liabilities, if any, of you and CleverIdiot, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dis-positive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Conditions. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

No Class Actions: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitration, class actions, private attorney general actions, and consolidation with other arbitration are not allowed.

Waiver of Jury Trail: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRAIL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and CleverIdiot in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND WE WAIVE ALL RIGHTS TO A JURY TRAIL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

Opt-Out of Agreement to Arbitrate: You can decline this agreement to arbitrate by emailing us at [email protected] and providing the requested information as follows: (1) your name; (2) the URL of these Conditions of Sale; (3) your address; (4) your phone number; (5) and a clear statement that you wish to opt out of this arbitration provision in these Conditions. This Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms & Conditions by using any of the Web sites.

Small Claims Options: You and CleverIdiot agree that if a claim within the jurisdiction of a small claims court, either party may choose to take the claim to that court instead of arbitration as follows; (a) The parties may take their claims to small claims court without first filing with the JAMS. (b) After a case is filed with JAMS, but before the arbitrator is formally appointed to the case by the JAMS, a party can send a written notice to the opposing party and the JAMS that it wants the case decided by a small claims court. After receiving this notice, the JAMS will administratively close the case. (c) After the arbitrator is appointed, if a party wants to take the case to small claims court and notifies the opposing party and the JAMS, it is up to the arbitrator to determine if the case should be decided in arbitration or if the arbitration case should be closed and the dispute decided in small claims court.

Choice of Law/Forum Selection: In any circumstance where this ‘Agreement to Arbitrate Disputes and Choice of Law’ permits the parties to litigate in court, these Conditions shall be governed by and construed in accordance with the laws of the State of Pennsylvania, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Pennsylvania.