You agree to be bound by all the Terms and Conditions set forth in this document, in addition to the Terms of Use in the following portal link:
www.ipiu.org/forums/showthread.php?2914

DISPUTE RESOLUTION BY BINDING ARBITRATION

Please read this carefully. It affects your rights.

Summary:

Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our IPIU Customer Care Center at (406) 534-0251. In the unlikely event that the International Private Investigators Union (IPIU and these websites (www.ipiu.org and www.privateinvestigators.cc ) and the Customer Care Department is unable to reasonably resolve your issue (or if IPIU and these websites have not been able to reasonably resolve an issue it has with you after attempting to do so informally), we each agree to resolve disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms of Use will take place on an individual basis; class arbitration and class actions are not permitted.

Arbitration Agreement:

(a) IPIU and these websites and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:

  • Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;

  • Claims that arose before these or any prior Terms of Use (including, but not limited to, claims relating to advertising);

  • Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and

  • Claims that may arise after the termination of these Terms of Use.


For the purposes of this Arbitration Agreement, references to "International Private Investigators Union (IPIU) and the websites (www.ipiu.org and www.privateinvestigators.cc )," "you," and "us", include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us.

Notwithstanding the foregoing, either party may bring an individual action in small claims court, and shall be governed by and be construed according to the applicable laws of the State of Montana, without regard to the conflict of laws provisions thereto, and shall be exclusively resolved in the competent court in Kalispell, Montana. Each party hereby irrevocably waives, to the fullest lawful extent, all right to trial by jury in any proceeding relating to this agreement, the notes or the transactions they contemplate. You agree that, by entering into these Terms of Use, you and IPIU and these websites are each waiving the right to a trial by jury or to participate in a class action. These Terms of Use evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.

(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to IPIU and these websites should be addressed to: Notice of Dispute, IPIU, PO Box 1172, Bigfork, MT 59911-1172 (the "Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). If IPIU and these websites and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or IPIU and these websites may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by IPIU and these websites or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or IPIU and these websites is entitled.

You may request a free copy a Notice of Dispute form at www.ipiu.org/forums/sendmessage.php

You may download or copy a form to initiate arbitration from the American Arbitration Association (AAA) website through the following link:

https://www.adr.org/Rules

(There is a separate form for California residents, also available on the AAA's website at http://www.adr.org)

(c) After IPIU and these websites receive notice at the Notice Address that you have commenced arbitration, the arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") of the American Arbitration Association (the "AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. (You may obtain information about the arbitration process directed to non-lawyers, including information about providing notice to IPIU and these websites , at http://www.google.com.) The arbitrator is bound by these Terms. Unless IPIU and these websites and you agree otherwise, any arbitration hearings will take place in Flathead County, Montana. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. The parties agree that any awards or findings of fact or conclusions of law made in an arbitration of their dispute or claim are made only for the purposes of that arbitration, and may not be used by any other person or entity in any later arbitration of any dispute or claim involving IPIU and these websites. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which IPIU and these websites was a party. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse IPIU and these websites for all monies disbursed by it that are otherwise your obligation to pay under the AAA Rules. if you initiate an arbitration in which you seek damages, the payment of fees will be governed by the AAA rules. An award may be entered against a party who fails to appear at a duly noticed hearing.

(d) The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney's fees at anytime during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

(e) The right to attorney's fees and expenses discussed in paragraph (d) supplements any right to attorney's fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney's fees or costs. Under some laws IPIU and these websites have a right to an award of attorney's fees and expenses if it prevails in an arbitration.

(f) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND IPIU AND THESE WEBSITES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the parties agree that any injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for any such error. Each party will bear its own costs and fees on any such appeal. The arbitrator shall not award relief in excess of what these Terms of Use provide or award punitive damages or any other damages not measured by actual damages. Further, unless both you and IPIU and these websites agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific proviso is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

(g) All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential, other than as part of an appeal to a court of competent jurisdiction.

(h) The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement including, but not limited to, any claim that all or any part of this Agreement is void or voidable. If this specific proviso is found to be unenforceable, it is severable from the rest of the arbitration agreement.

ADDITIONAL TERMS FOR OTHER IPIU and this website Services may be subject to additional Terms of User at the following portal link:
http://www.ipiu.org/forums/showthread.php?2914