Dispute Resolution; Binding Arbitration and Class Action Waiver
Informal Dispute Resolution
Our customer service department is available as noted in Section “Contacting Customer Service” to address any concerns, disputes, claims or controversies you may have regarding the Language Academia Platform, these Language Academia Terms or the relationship between you and Language Academia (collectively, "Disputes"). Most Disputes are quickly resolved in this manner to our users’ satisfaction. The parties shall use their best efforts to settle any Dispute directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
Dispute Resolution for Residents outside of the United States
In the event that the parties do not agree upon a resolution in connection with a Dispute within a period of thirty (30) calendar days from the time informal dispute resolution is initiated pursuant to Initial Dispute Resolution, except as otherwise specified in “Dispute Resolution for Residents in the United States” below, you and Language Academia expressly agree that any claim or action arising out of or relating to Language Academia Platform or these Language Academia Terms shall be submitted by any party to be finally resolved by arbitration by written notice to the other party. The arbitration shall be conduced in the local Arbitration center according to the Credit Card company requirements. The number of arbitrators shall be one (1) unless otherwise subsequently agreed in writing by the parties. The arbitration proceedings shall be conducted in English. The arbitration tribunal shall apply the arbitration rules of the US government in effect at the time of the arbitration.;
Dispute Resolution for Residents in the United States
If you are domiciled in and/or use the Language Academia Platform in the United States, this applies to you.
Agreement to Arbitrate. If the parties do not agree upon a resolution in connection with a Dispute within a period of thirty (30) calendar days from the time informal dispute resolution is initiated pursuant to Section 22.1 (Initial Dispute Resolution), then either party may initiate binding arbitration as the sole means to formally resolve claims (the "Agreement to Arbitrate"), subject to the terms set forth below. Specifically, all Disputes shall be finally settled by binding arbitration administered by the American Arbitration Association (the "AAA"). The arbitration proceedings shall be governed by AAA’s Commercial Arbitration Rules (the "AAA Rules") and, where appropriate, AAA’s Supplementary Procedures for Resolution of Consumer-Related Disputes (the "AAA Consumer Rules"). This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act shall apply to the interpretation, applicability, enforceability and formation of these Language Academia Terms notwithstanding any other choice of law provision contained in these Language Academia Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Language Academia Terms, including without limitation any claim that all or any party of these Language Academia Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
The AAA Rules and the AAA Consumer Rules are both available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the cost of litigation and the right to discovery may be more limited in arbitration than in court.
Location. The arbitration will take place at any reasonable location within the United States convenient for us.
Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND LANGUAGE ACADEMIA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITALKI’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this subsection is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate Disputes.
Exception – Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all Disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for the Language Academia Platform under this Agreement. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.