Informal Resolution. Before initiating arbitration, the party asserting a dispute must send the other party written notice describing the dispute and the requested relief. Notices to The Gandy Plan™ must be sent to support@thegandyplan.com. The parties will attempt in good faith to resolve the dispute for at least thirty (30) days after receipt of the notice.
Binding Arbitration. Except for the exclusions below, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the relationship between you and The Gandy Plan™ that is not resolved informally will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under the AAA rules applicable to the dispute. The Federal Arbitration Act governs the interpretation and enforcement of this section. The arbitration will be conducted by one neutral arbitrator in English and may be conducted remotely unless the arbitrator determines that an in-person hearing is necessary. The arbitrator may award the same individual remedies that a court could award and will issue a reasoned written decision.
Excluded Matters. Either party may bring an eligible individual claim in small-claims court. Either party may also seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect intellectual-property rights, confidential information, or the security or integrity of the Services while arbitration is pending.
Fees and Location. Arbitration filing, administration, and arbitrator fees will be allocated as required by the applicable AAA rules and applicable law. Unless the parties agree otherwise or applicable law requires another location, any in-person hearing will take place in Georgia at a location reasonably convenient to the parties.
Right to Opt Out. You may opt out of this arbitration provision by emailing support@thegandyplan.com within thirty (30) days after the date you first accept these Terms. Your notice must include your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.
JURY-TRIAL AND CLASS-ACTION WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND The Gandy Plan™ WAIVE ANY RIGHT TO A JURY TRIAL. EACH PARTY MAY BRING CLAIMS ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION OR ARBITRATION. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON OR PRESIDE OVER ANY CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING.
Severability. If any portion of this section is found unenforceable, that portion will be severed and the remainder will remain in effect to the fullest extent permitted by law. If the class-action waiver is found unenforceable as to a particular claim or request for relief, only that claim or request will proceed in a court of competent jurisdiction after all arbitrable claims have been resolved.
