Individual Arbitration. We hope to remain in good standing with all of our users, but if for some reason that relationship changes, you and we agree to try for sixty (60) days to work the issue out informally. If we are unable to do so and you live in the
United States of America, you and we agree to binding individual arbitration before the American Arbitration Association ("AAA") under the Federal Arbitration Act, and agree not to sue in court in front of a judge or jury. Rather, a neutral
arbitrator will decide. We want to be able to get back to work just like you, and AAA helps us both do that. Class-action suits, class-wide arbitrations, private attorney general actions, and anything else where someone acts in a representative capacity are
not allowed, nor is combining individual proceedings without the written consent of all parties involved.
Disputes Covered. The term dispute means and claim or issue between you and us concerning our Services, game, prices on our Site, our EULA, our Terms, or this Arbitration Agreement, under any legal theory including a contract, warranty, statute,
or regulation, except disputes to the enforcement or validity of your or your licencor's intellectual property rights.
1. You must mail a notice of dispute. If you have a dispute and a customer support representative cannot resolve the issue, mail a Notice of Dispute to us at PO Box 201, Holly Springs, North Carolina 27540. Include your name, address, and contact information so
that we can contact you, what the problem is, and how you believe we can resolve the issue. In the same instance, if we have a dispute with you, we will do the same. After a sixty (60) day period, you or we may start an arbitration if the issue has not been resolved.
2. If you choose to do so, you can sue us in small claims court in the county/parish where you live, or in Wake County, North Carolina, if you meet the requirements of the court. However, we hope that you will mail us a Notice of Dispute and give us sixty (60) days to
try and resolve the issue with you, but you aren't required to do so before going to small claims court.
Procedures of Arbitration. If the dispute is not resolved within sixty (60) days after a Notice of Dispute, or resolved in small claims court, you or we may start an arbitration. The AAA will conduct any arbitration under its Consumer Arbitration Rules
("AAA Rules"). You can gather more information from ADR.org or by contacting +1 (800) 778-7879. Arbitration may be held or conducted in person, over the phone, online, or through means of submissions by documents.
In any dispute involving $10,000 or less, a hearing will take place over the phone, unless the arbitrator finds good cause to hold an in-person hearing instead. You may be awarded damages individually as a court could, and may award declaratory or injunctive relief only to
you individually to satisfy your individual claim. Simply put, that means an arbitrator may determine your and our rights and order us to do something for you, but may not do either for a class or group of persons.
Disputes involving any amount. If you start arbitration in accordance to these Terms, we will reimburse you for payment of the filing fee, unless your claim is greater than $10,000, in which case, the AAA rules will govern payment of filing fees and the AAA's and
arbitrator's fees and expenses. We will not seek our AAA or arbitrator's fees and expenses, or your filing fees that we reimbursed, unless the arbitrator finds the arbitration frivolous or brought for an improper purpose. Additionally, if we start an arbitration, we will pay all
filing, AAA, and arbitrator's fees and expenses. We won't seek our attorney's fees or expenses from you in any arbitration. Additionally, fees and expenses are not tallied in determining how much a dispute involves.
Disputes involving $10,000 or less. If your dispute involves $10,000 or less, we will reimburse your filing fees and pay the arbitrator's fees and expenses. If you reject our last written settlement offer made before the arbitrator was pointed, your dispute goes
all the way to an arbitrator's decision (called an award), and the arbitrator awards you more than this last written offer, we will: (i) pay the greater of the award or $1,000; (ii) pay your reasonable attorney's fees, if any; and (iii) reimburse any expenses (including expert
witness fees and costs) that your attorney reasonable accrues for investigating, preparing, and pursuing your arbitration. The arbitrator will determine the amount of the fees, costs and expenses unless you and we agree on them.
Disputes involving more than $10,000. The AAA rules will determine payment of all filing fees and the AAA's and arbitrator's fees and expenses.
Arbitration Timeframe. You and us must file in small claims court or arbitration any claim or dispute within one (1) year from when it could have been filed. Otherwise, it is permanently barred. If you have a dispute with us, we would like you to bring it to our
attention as soon as it arises. We will do the same for you.
Arbitration Severability. If the class action waiver within this Arbitration Agreement is found to be illegal or unenforceable as to all or parts of a dispute, this Arbitration Agreement will not apply to those parts. However, those parts will proceed in court with
the remaining parts proceeding in arbitration. If any other provision of this Arbitration Agreement is found to be illegal or unenforceable, that provision will be severed but the rest of this Arbitration Agreement will still apply.
Choice of Forum. If you or we ever have a dispute in court, which we hope that never happens, the exclusive forum will be a state or federal court in Wake County, North Carolina. The laws relative to your state govern these Terms and all disputes that arise, including disputes relating
to them, our game or Site, regardless of conflict of laws principles, except that the Federal Arbitration Act governs everything related to arbitration.