ARBITRATION AGREEMENT

» Click to revert to Web Version

The Arbitration Agreement & Terms of Use (referred to as the "Arbitration Agreement") is a trilateral contract whereby the registering party (referred to as the "Filer") and the responding party (referred to as the "Responder", jointly with the Filer referred to as the "Parties" and individually as a "Party") mutually and voluntarily agree to submit their dispute to net-ARB for Binding Arbitration. The Parties expressly waive their right to a trial in a court of law and forfeit any right to appeal the decision of the arbitrator or arbitration panel (both referred to as "Arbitrator") for any reason whatsoever. Instead of a judge or jury, the parties agree to have a net-ARB Arbitrator decide their dispute equitably under
» net-ARB's Arbitrator Guidelines, incorporated herein by link and reference.

OATH

Under penalty of perjury, the Parties agree to truthfully and fully disclose information relating to the case and swear that all of the testimony and other evidence they submit to net-ARB and the Arbitrator shall be the truth, the whole truth, and nothing but the truth.

TERMS OF USE

A.

B.

C.

D.

E.

F.

G.

» General

» Email Addresses

» Timelines

» Full Disclosure

» Confidentiality

» Arbitrators

» Participation

H.

I.

J.

K.

L.

M.

N.

» Payment

» Website Links

» Governing State Laws

» Notice of Claim

» Questions Regarding this Agreement

» Right of Refusal to Arbitrate

» Statute of Limitations

A. GENERAL: A case filed with net-ARB is a Request for Arbitration by the Filer. If accepted by the Responder, the Parties agree to have their dispute decided through Binding Arbitration. An Arbitrator will decide all issues submitted and award fair and just relief as determined by the Arbitrator. Both Parties expressly waive the right to litigate the matter submitted for arbitration and any right to appeal net-ARB's decision.

net-ARB has the right to refuse to arbitrate any case for any reason.
net-ARB has the right to reopen any case for any reason.
The Parties agree that the Arbitrator can allocate the net-ARB fee in the Award.
The decision of the Arbitrator as to all matters, procedural and substantive is final and binding.
Either Party may seek to confirm the award in any court of competent jurisdiction as allowed by the law of that jurisdiction.

By participating in a net-ARB arbitration, Parties agree to truthfully and fully disclose information relating to the case. Information disclosed during the arbitration is not strictly confidential, but will not be voluntarily disclosed by net-ARB for any purpose, except as set forth in this Arbitration Agreement. net-ARB does not enforce arbitration awards nor does it serve as an enforcement vehicle for any person, company or organization, public or private.

B. EMAIL ADDRESSES: It is the responsibility of the Filer to provide the correct email addresses for both Parties. net-ARB will attempt to confirm the Arbitration Agreement with the Responder.

C. TIMELINES: If both Parties make participation a priority, the Arbitrator can close the hearing within a few days and send a written Award explaining the decision and the Arbitrator's reasons for the decision within a short time thereafter. In the event that a Party does not respond within a reasonable amount of time (as determined by the assigned Arbitrator), the Arbitrator may close the hearing and issue an Award based on the information submitted to that point.

D. FULL DISCLOSURE: Each party will receive copies of all communication, testimony and evidence submitted by the other Party, as well as all communications sent by the Arbitrator to either Party. No testimony or evidence may be offered confidentially.

E. CONFIDENTIALITY: net-ARB is committed to maintaining the privacy of both Parties. net-ARB will preserve the confidentiality of all information and evidence, surrendering such only if ordered to do so by a court of competent jurisdiction, as required in a litigation involving net-ARB, or in order to defend against slanderous or libelous statements. The Parties are responsible to maintain their own confidentiality. net-ARB periodically destroys data beyond its useful life.

net-ARB Arbitrators will resist testifying if a case that has been arbitrated goes to court for any reason except as necessary to authenticate an award for the purposes of confirming that award in a court of competent jurisdiction. All costs incurred by net-ARB or its Arbitrators in complying with subpoenas must be paid by the requesting party in advance.
net-ARB will only provide information to a court if required to do so by law.
net-ARB will report any condition that may present itself as a danger to others.
net-ARB may report progress of a hearing and a copy of the Award to a third party holding the funds in dispute by the Parties, such as an entity, court or trustee holding funds or items in escrow pending the result of an Award.
net-ARB will not share or use evidence from one case to support claims in a new or additional case regarding the same matters or involving the same parties.
net-ARB will never sell information provided by the Parties.

F. ARBITRATORS: Arbitrators for net-ARB are independent contractors and under contract to provide arbitrator services to net-ARB. Arbitrators are not employees of net-ARB and do not represent net-ARB in any capacity other than acting as an Arbitrator for the cases assigned.

G. PARTICIPATION: Each Party and Party representative of any entity that is a Party represents and warrants that they are 18 years old or older.

H. PAYMENT: net-ARB accepts the following forms of payment for arbitration services: VISA and Mastercard credit card or PayPal funds. A Party's submitting of their card or account information to net-ARB signifies the Party's consent to allow net-ARB to share that information with a payment processor and collect the applicable fees from that Party for arbitration services.

I. WEBSITE LINKS: This website contains links to other websites. Use of these links constitutes each Party's agreement to hold net-ARB harmless once you leave our website.

J. GOVERNING STATE LAWS: Services performed by net-ARB are governed by laws of the State of Georgia. Purchasing the services of net-ARB or any reliance on any condition, representation, warranty or implied warranty (none of which are stated and all being expressly disclaimed) signifies an agreement to submit to the personal and subject matter jurisdiction of the courts situated in Fulton County, Georgia. The Parties waive any and all rights to challenge venue or to remove the action to any other jurisdiction.

K. NOTICE OF CLAIM: Prior to pursuing any claim against net-ARB or any Arbitrator or affiliate of net-ARB, the Parties agree to provide written notice of their claim within 30 days of the alleged incident and to allow net-ARB up to 30 days to respond. Failure to provide such notice shall constitute an irrevocable waiver of any such claim.

L. QUESTIONS REGARDING THE ARBITRATION AGREEMENT: Questions regarding the Arbitration Agreement should be directed to: support@net-ARB.com

M. RIGHT OF REFUSAL: net-ARB retains the right to refuse to arbitrate any case at any time and without stated reasons. Use of language or submission of documentary evidence deemed inappropriate, vulgar, or distasteful may be cause for immediate case termination — no fees will be refunded. In any case closed under this provision, net-ARB, in its sole discretion, may choose to either -

issue an Award based on the evidence heard to that point, or
decline to issue an Award in the case.

N. STATUTE OF LIMITATIONS: Parties submitting a case for arbitration agree to waive a statute of limitations defense based upon the statute of limitations of a specific jurisdiction, which may or may not have a nexus to the subject matter, but an Arbitrator may take into account any evidence of such a statute in the Arbitrator's determination of appropriateness of the claim and the equity between the Parties, including but not limited to the equitable defense of laches.