MANDATORY ARBITRATION:​

 

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS THE CLIENT’S RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS THE CLIENT AND SYNDICATE SUBSCRIPTION LEGAL SERVICES HAVE AGAINST EACH OTHER ARE RESOLVED.

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In this Mandatory Arbitration section, the term "related third parties" includes the Client(s) and Syndicate Subscription Legal Service’s respective affiliates, subsidiaries, parent companies, predecessors, successors, assigns, as well as Syndicate Subscription Legal Services’, and these entities' respective employees and agents.

The Client and Syndicate Subscription Legal Services agree that any claim or dispute at law or equity that has arisen, or may arise, between the Client and Syndicate Subscription Legal Services (or any related third parties) that relates in any way to or arises out of this or previous versions of this Agreement, The Client’s use of or access to the Services, or the actions of Syndicate Subscription Legal Services or its agents, will be resolved in accordance with the provisions set forth in this Mandatory Arbitration Section.
 

​Applicable Law: The Client agrees that, except to the extent inconsistent with or preempted by Federal Law, the Laws of the State of California, without regard to principles of conflict of laws, will govern this Agreement or any Service Contracts (as defined above) and any claim or dispute that has arisen or may arise between the Client and Syndicate Subscription Legal Services, except as otherwise stated in this Agreement.

Agreement to Arbitrate: The Client and Syndicate Subscription Legal Services each agree that any and all disputes or claims that have arisen, or may arise, between the Client and Syndicate Subscription Legal Services (or any related third parties) that relate in any way to or arise out of this or previous versions of the Agreement (including any “Services Contract”), the Client’s use of or access to the Services, the actions of Syndicate Subscription Legal Services or its agents, or any products or services sold, offered, or purchased through Syndicate Subscription Legal Services shall be resolved exclusively through final and binding arbitration, rather than in court.

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Alternatively, the Client may assert its claims in small claims court, if the Client’s claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, nonrepresentative) basis. The Federal Arbitration Act ("FAA"), and to the extent not inconsistent with the FAA, the laws of the State of California, without regard to principles of conflict of laws, governs the interpretation and enforcement of this Agreement to Arbitrate.

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1. Prohibition of Class and Representative Actions and Non-Individualized Relief: THE CLIENT AND SYNDICATE SUBSCRIPTION LEGAL SERVICES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH THE CLIENT AND SYNDICATE SUBSCRIPTION LEGAL SERVICES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER CLIENTS OF SYNDICATE SUBSCRIPTION LEGAL SERVICES. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim or a particular request for a remedy (such as a request for injunctive relief), then that claim or that remedy request (and only that claim or that remedy request) must be severed from the arbitration and may be brought in court (subject to the terms of this section), subject to the Client and Syndicate Subscription Legal Services’ right to appeal the court's decision. All other claims will be arbitrated.​

2. Arbitration Procedures: Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individualized basis that a court can award to an individual. An arbitrator should apply the terms of this Agreement as a court would. All issues are for the arbitrator to decide, except those issues relating to arbitrability, or the scope or enforceability of this Agreement to Arbitrate, shall be for a court of competent jurisdiction to decide. The arbitration will be administered by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules and the AAA's Commercial Arbitration Rules, and the AAA's International Centre for Dispute Resolution Rules (as applicable), as modified by this Agreement to Arbitrate. Absent agreement of the parties, the AAA shall decide which AAA rules apply to the arbitration. The AAA's rules are available at www.adr.org and www.icdr.org. In the event that the AAA is unavailable to administer the arbitration, another administrator will be selected by the parties or, if the parties cannot reach the agreement, the court shall select the administrator. A party who intends to seek arbitration must first send to the other, by certified mail, a valid Notice of Dispute ("Notice"), which may be downloaded at www.adr.org. The Notice to Syndicate Subscription Legal Services must be sent to Syndicate Legal & Financial, LLC, Attn: Litigation Department, Re: Notice of Dispute, 25350 Magic Mountain Parkway, Santa Clarita, California 91355; with a copy emailed to LEGAL@SYNDICATEAPC.COM. Syndicate Subscription Legal Services will send any Notice to the Client at the physical address that Syndicate Subscription Legal Services has on file for the Client, as well as send a copy via email to the Primary Contract. It is the Client’s responsibility to keep its physical address up to date. To be valid, the Client must personally sign the Notice and complete all information on the Notice form, including a description of the nature and basis of the claims the Client is asserting, and the specific relief sought. If the Client and Syndicate Subscription Legal Services are unable to resolve the claims described in a valid Notice within 30 days after Syndicate Subscription Legal Services receives the Notice, the Client or Syndicate Subscription Legal Services may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org. In the event Syndicate Subscription Legal Services initiates an arbitration against the Client, Syndicate Subscription Legal Services will send a copy of the completed form to the physical address that Syndicate Subscription Legal Services has on file for the Client. Any settlement offer made by the Client or Syndicate Subscription Legal Services shall not be disclosed to the arbitrator. Whether the Client resides in the United States or in another country, the arbitration hearing will be held in Los Angeles County, State of California, Country of the United States. Where no disclosed claims or counterclaims exceed $25,000, the dispute shall be resolved by the submission of documents only, subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, the Client and/or Syndicate Legal Support Services may attend by telephone or by Zoom (or other video conferencing technology), unless the arbitrator requires otherwise. The language of the arbitration will be English. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different client of Syndicate Subscription Legal Services but is bound by rulings in prior arbitrations involving the same Client to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

3. Cost of Arbitration: Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the Client complied with the Notice of Dispute procedures of this Section of the Agreement, and the value of the relief sought is $10,000 or less, at the Client’s request, Syndicate Subscription Legal Services will pay all administration and arbitrator fees associated with the arbitration. Any request for payment of fees by Syndicate Subscription Legal Services should be submitted by mail to the AAA along with the Client’s Demand for Arbitration and Syndicate Subscription Legal Services will make arrangements to pay administration and arbitrator fees directly to the AAA. In the event the arbitrator determines the claim(s) the Client asserts in the arbitration to be frivolous, the Client agrees to reimburse Syndicate Subscription Legal Services for all fees associated with the arbitration paid by Syndicate Subscription Legal Services on the Client’s behalf that the Client otherwise would be obligated to pay under the AAA's rules.

4. Severability: With the exception of the "Prohibition of Class and Representative Actions and Non-Individualized Relief", if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.

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