Please read this section carefully. It affects your rights. It asks you to resolve most disputes with us through binding individual arbitration instead of in court, and it waives class actions. You can opt out as described below.
Talk to us first
Before starting a formal proceeding, write to legal@getaxo.app or to our address with your name, the email on your account, a description of the problem and what you want. We will try to resolve it with you within 60 days. Most problems are solved this way.
Arbitration
If we cannot resolve it within 60 days, you and we agree that any dispute, claim or controversy arising from or relating to Axo or these terms, including their formation, interpretation, breach or validity, will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, which are at adr.org. The Federal Arbitration Act governs this section. The arbitrator applies these terms and the law, may award the same individual relief a court could, and may award fees as the rules and the law allow. Arbitration will take place by documents, by phone or video, or in Clark County, Nevada, or where you live if you prefer, at your choice. We will pay the filing, administration and arbitrator fees the AAA’s consumer rules place on us, and if your claim is for US$10,000 or less, we will pay all of them unless the arbitrator finds the claim frivolous.
Exceptions
Either of us may bring an individual claim in small claims court instead, and either of us may seek an injunction in court to stop infringement or misuse of intellectual property or unauthorized access to Axo.
No class actions
You and we each agree to bring claims only in our individual capacity, not as a plaintiff or member of a class, consolidated or representative proceeding, and the arbitrator may not join or consolidate claims of different people or award relief that affects anyone other than the parties. If this paragraph is found unenforceable for a claim, that claim is severed and goes to court, and the rest of this section still applies.
Opting out
You may opt out of arbitration and the class action waiver by emailing legal@getaxo.app within 30 days of the day you first accept these terms, stating your name, the email on your account, and that you opt out of arbitration. Opting out does not affect any other part of these terms.
Where claims go otherwise
A claim that is not arbitrated, other than a small claims matter, must be brought in the state or federal courts located in Clark County, Nevada, and you and we consent to their jurisdiction and venue. Each of us waives the right to a jury trial to the extent the law allows.
Time limit
To the extent the law allows, any claim arising from Axo or these terms must be started within one year after it arose, or it is barred.