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Dispute Policy
Dispute Policy
In the event of any dispute, controversy, or claim arising out of or related to this Agreement or any breach or termination of this Agreement and the Services provided under the Agreement, excluding (i) nonpayment of the fees or charges for the services outlined in this Agreement, (ii) matters that can be brought in a small claims court, (iii) breach of this Agreement concerning intellectual property, (iv) breach of confidentiality under this Agreement, and (v) breach of non-solicitation under this Agreement (the “Dispute”), the Parties shall follow the alternative dispute resolution process and remedies provided in this section.
Negotiation. The Parties shall, within five (5) business days following receipt of a written notice of a Dispute, engage in face-to-face negotiations in an attempt to resolve the Dispute.
Mediation. If the Parties fail to resolve the Dispute by negotiation, the Parties shall choose a mutually agreeable third-party neutral to mediate the Dispute between the Parties within ninety (90) calendar days following the expiration of the negotiation period described above. Mediation shall be non-binding and confidential. The Parties shall refrain from court action and/or arbitration proceedings with respect to any Dispute during the mediation process insofar as they can do so without prejudicing their legal rights. The Parties shall participate in good faith in accordance with the recommendations of the mediator and shall follow the procedures for mediation as suggested by the mediator. All expenses of mediation, except for expenses of the individual Parties, shall be shared equally by the Parties. Each Party shall be represented in the mediation by a person with authority to settle the Dispute.
Arbitration. If the Parties are unable to resolve the Dispute within the ninety- (90-) calendar day period set forth above for mediation, each Party agrees to submit all Disputes to the American Arbitration Association (“AAA”) for binding arbitration. The Parties shall hold the arbitration in Cleveland, Ohio, USA before a single arbitrator in accordance with the AAA Commercial Rules of dispute resolution, which are available here: https://adr.org/rules. Any arbitral award determination shall be final and binding upon the Parties. Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction. THE ARBITRATION SHALL PROCEED ONLY ON AN INDIVIDUAL BASIS. THE PARTIES WAIVE ALL RIGHTS TO HAVE THEIR DISPUTES HEARD OR DECIDED BY A JURY OR IN A COURT TRIAL AND THE RIGHT TO PURSUE ANY CLASS OR COLLECTIVE CLAIMS AGAINST EACH OTHER IN COURT, ARBITRATION, OR ANY OTHER PROCEEDING. Each Party shall only submit their individual claims against the other and will not seek to represent the interest of any other person. The arbitrator shall have no jurisdiction or authority to compel any class or collective claim, or to consolidate different arbitration proceedings with or join any other Party to an arbitration between the Parties.
Governing Law; Jurisdiction. All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule. Any action or proceeding arising out of or relating to this Agreement shall be instituted exclusively in the federal or state court, or arbitration tribunal, situated in Cuyahoga County, Ohio, and each party irrevocably submits to personal jurisdiction of such courts in any such action or proceeding.
