Dispute Resolution Policy
- This Dispute Resolution Policy (“DRP”) is incorporated by reference into, and governed by the agreement(s) by and between Big Idea Inc. (“Big Idea”, “we”, “our”) and you or your (“Agreements”) when you access and use our Platform (each Big Idea and you referred to as a “Party”, and Big Idea and you, collectively, the “Parties”). Defined terms with initial capital letters have the meaning as set forth in the Agreements, unless defined in this DRP.
- We are confident that we can resolve most concerns quickly and to your satisfaction. Please contact us by email as specified in section 9 below.
- After an informal dispute resolution process, if the Parties agree that any remaining dispute, claim, or controversy between the Parties arising out of, resulting from, in connection with, or relating in any way to the terms and conditions of the Agreements or to your relationship with us as a user of the Platform (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the dispute, claim, or controversy arises during or after the termination of the terms and conditions of the Agreements) will be determined by mandatory, binding, individual arbitration administered by American Arbitration Association (“AAA”), conducted in the English language, without appeal or review except as permitted by law (for purposes of clarification, no class action arbitration is permitted under the terms and conditions of the Agreements).
- A Party who intends to seek arbitration must first send a written notice of the dispute to the other Party, by electronic mail (“Dispute Notice(s)”). Our email address for Dispute Notices is specified in section 9 below. The Dispute Notice must (a) describe the nature and basis of the claim or dispute; and (b) specify the relief sought (“Demand”). We agree to use good faith efforts to resolve the dispute directly, but if we do not reach an agreement to do so within thirty (30) calendar days after the Dispute Notice is received, either Party may start an arbitration proceeding. Any arbitration between the Parties will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, are available at adr.org, or you may call the AAA at 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.
- During the arbitration, the amount of any settlement offer made by either Party may not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event the dispute between the Parties is finally resolved through arbitration in your favor, and the arbitrator issues you an award that is greater than the value of our last written settlement offer, then we will instead pay you the lesser of either the amount of the award or one thousand dollars ($1,000.00 USD). All documents and information disclosed in the course of the arbitration will be kept strictly confidential by the recipient. All documents and information disclosed will also not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award, and will not be disclosed except in confidence to persons who have a need to know for such purposes, or as required by applicable law.
- Regardless of the terms in the above paragraphs, the Parties both agree that nothing in the arbitration clauses will waive, preclude, or otherwise limit either of our rights, at any time, to bring an individual: (a) action in a U.S. small claims court; (b) claims for (i) defamation; (ii) violation of the Computer Fraud and Abuse Act, (iii) infringement or misappropriation of your or our intellectual property, or (iv) access to the Platform that is unauthorized or exceeds authorizations granted in the Agreements; or (c) action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this arbitration policy doesn’t stop either Party from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or visa versa).
- Each Party acknowledges and agrees that, in the event of any breach or threatened breach of any term, provision, condition, covenant, or agreement set forth in the Agreements by either Party, money damages may be inadequate with respect to any such breach or threatened breach and the non-breaching Party may have no adequate remedy at law. It is accordingly agreed that each Party will be entitled, in addition to any other remedy to which they are entitled by law or in equity, to seek injunctive relief, equitable relief, and/or to compel specific performance without bond to prevent breaches by the other Party of any term, provision, condition, covenant, or agreement of such other Party contained in the Agreements without proof of special damages.
- Occasionally, we may make changes to this DRP. and the most recent version of this DRP is the one that applies to you. If we make material changes to this DRP, we will provide you with notice by displaying a prominent notice on our website or our Platform or by sending you an email. Please make sure you read any such notice carefully. Having received notice of any changes to this DRP, if you continue to access and use the Platform, then you agree to the updated DRP. Neither the course of conduct between the Parties nor trade usage will act to modify or alter the provisions of this DRP.
- If you have any questions regarding this DRP, please contact us at legal@bigideaplatform.com.
