Terms and Conditions

These Terms and Conditions (“Agreement”) constitute an agreement between you and Tammac Holdings Corporation dba AutoMHatic Financial (“we”, “our”, “us”) concerning your access and use of our website located at https://www.Tammac.com, https://www.autoMHatic.com, and www.tigerabstract.com (“Websites”) and any services or products offered on the Websites (collectively with the Websites referred to herein as the “Services”).
1. Acknowlegment
Please read this Agreement carefully. By accessing and using the Services, you accept and agree to be bound, without modification, limitation, or qualification, to this Agreement. If you do not accept any portion of this Agreement, you must not access or use our Services.
The right to access and use the Services is not transferable to any person or entity. We may, in its sole discretion, modify or revise this Agreement at any time by updating the page where this Agreement is posted. You are bound by any such modification or revision and should therefore visit the page where this Agreement is posted periodically to review this Agreement. If required by applicable law, we may notify you of any changes through alternative methods.
YOUR USE OF THE SERVICES CONSTITUTES YOUR AGREEMENT TO THIS AGREEMENT.
2. DISPUTE RESOLUTION / ARBITRATION / CLASS ACTION WAIVER
YOU AGREE THAT DISPUTES BETWEEN YOU AND US CONCERNING YOUR USE OF THE SERVICES WILL BE RESOLVED PURSUANT TO THE DISPUTE RESOLUTION PROCESS OUTLINED IN SECTION 17 BELOW, WHICH MAY INCLUDE INDIVIDUAL BINDING ARBITRATION. YOU ALSO AGREE TO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR A CLASS-WIDE ARBITRATION. FOR MORE DETAILS ON THIS PROCESS, AND HOW YOU CAN OPT-OUT OF THIS PROCEDURE, SEE SECTION 17 BELOW.
3. Changes
We reserve the right at any time and from time to time, to modify or discontinue, temporarily or permanently, the Services and any and all features and sections contained therein, including your account, and may, in its sole discretion, provide notice to you and other users via posting to the Services or email, or other channel as required by law, and immediately without notice in the event of technical difficulties. We shall not be liable to you or to any third party for any such modification, suspension, or discontinuance.
4. IP Rights and Ownership
The contents of the Services, such as text, graphics, images, audio, video, and other material, as well as the underlying html source code contained through the Services (“Material”) are protected by copyright and/or trademark under both United States and foreign laws, and are owned or controlled by us or by third parties that have licensed their Material to us.
Unauthorized use of the Material may violate copyright, trademark, and other laws. You shall retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You shall not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Material, in whole or in part or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. You will download our copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of the Material shall be permitted without our express permission and the copyright owner. In the event of any permitted copying, redistribution, or publication of the Material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading the Material. The trademarks, logos, and service marks (the “Marks”) displayed through the Services are owned by us or other third parties. You are prohibited from using those Marks without our express written permission or other such relevant third party. If you would like information about obtaining our permission to use the Material, e-mail Info@Tammac.com. All our logos, whether or not registered, are trademarks belonging to us, our parents, subsidiaries, or affiliates. All rights are reserved. All other trademarks appearing on the Services are the property of their respective owners. We encourage you to notify us of any suspected copyright, trademark or other intellectual property violations taking place on or through the Services.
5. Eligibility
The Services are offered and available to individuals who are 18 years of age or the age of consent in the state of their residence. If you don’t meet this requirement, you may not access or use the Services.
6. Accounts
• Creating an Account. From time to time you may be asked to create an account with us. To create an account, you will be required to submit certain information. To learn more about how we use this information, please see our Privacy Policy. It is a condition of your use of the Services that all information you provide through the Services is correct, current, complete, and free from any viruses, unlawful, or otherwise harmful information.
• Account Confidentiality. You must treat your account username and password as confidential and must not disclose such information to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of the Services using your username, password, or other related information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security of such information. You also agree to ensure that you exit from your account at the end of each session through our Services. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
• Disabling the Account. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you or any other user has violated any provision of this Agreement.
• Fraudulent Use. If we reasonably suspect that your account is at risk of being used by a third party fraudulently (for example, as a result of an account compromise), we may suspend your account until you can reclaim ownership. Based on the nature of the compromise, we may be required to disable access. We reserve the right to disable any account that is deemed to have been potentially or actively compromised in our sole discretion.
• Account Ownership. You understand and acknowledge that you have no ownership rights in your account on the Services, and that if you cancel your account or your account is terminated, all information you have submitted as part of your account will be marked as deleted in and may be deleted from our systems. Information may be retained in our sole discretion.
7. Links
We may provide links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement of the contents on such third-party websites. We are not responsible for the content of linked third-party websites. We exercise no control whatsoever over such other websites and web-based resources, does not make any representations regarding the content or accuracy of materials on such third-party websites and is not responsible or liable for the availability thereof or the content, advertising, products, or other materials contained thereon. We shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. You acknowledge you shall read all terms and conditions and policies of these third-party and use these third-party websites at your sole risk.
8. Submissions
All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person from which such User Content originated. This means that you, and not us, are entirely responsible for all User Content that you upload, post, email, or otherwise transmit via the Services. You shall not transmit User Content or otherwise conduct or participate in any activities through the Services which, in our opinion, are prohibited by law in applicable jurisdictions, including, without limitation, material or activities which (1) infringe any patent, trademark, copyright, trade secret or other proprietary right of any party (the “Rights”), unless you are the owner of the Rights or have the express written permission of the owner to post or transmit such material through the Services; (2) infringe on any other intellectual property rights of others or on the privacy or publicity rights of others; (3) is obscene, defamatory, threatening, harassing, abusive, hateful, embarrassing, or otherwise objectionable to another User or any other person or entity; (4) is sexually-explicit; (5) is an advertisement or solicitation of business or advocates an unsolicited or unrelated position or opinion; (6) represents any form of “chain letters” or pyramid scheme; (7) impersonates another person or entity; (8) intentionally or unintentionally violates any applicable local, state, national, or international law while using or accessing the Services or Material; or (9) contains a virus, trojan, back door, logic bomb, or any other form of malicious code.

You hereby waive all copyright, moral rights, and any other right to any User Content which you submit, and grants to us a royalty-free perpetual irrevocable non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, perform, display, and distribute such User Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereinafter developed for the full term of any copyright in such User Content, and to sublicense such rights through multiple tiers of sublicensees. You also hereby grant all other users of the Services the right to copy, download, and store his/her User Content for such user’s personal use. We do not always control User Content. We have the right but not the obligation to monitor submissions individual users, and reserves the right to modify, move, or remove any User Content at any time and for any reason in its sole discretion, as well as the right to terminate access to the Website for any reason in its sole discretion including, without limitation, foul language, attempted commercial use of the Services, threats, discriminatory, racist, or abusive language, or any behavior which is deemed objectionable by us. Users of our Services are responsible for their own communications and are solely responsible for the consequences of posting any User Content. We do not screen communications in advance and is not responsible for screening or monitoring material posted by users of our Services. If notified by a user about communications that allegedly do not conform to any term of this Agreement, we may investigate the allegation and determine in good faith, at its sole discretion, whether to remove or request the removal of the communication. We have no liability or responsibility to users for performance or non-performance of such activities. We reserve the right, in its sole discretion, to restrict users’ access to the Services for violating this Agreement or the law. We also reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request or to edit, refuse to post, or to remove any information or materials, in whole or in part, in our sole discretion.

WE DO NOT ENDORSE, SUPPORT, REPRESENT, OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY USER CONTENT OR ENDORSE ANY OPINIONS EXPRESSED BY USERS. EACH USER ACKNOWLEDGES THAT ANY RELIANCE ON USER CONTENT POSTED BY OTHER USERS WILL BE AT HIS/HER SOLE RISK.
9. Communications
We reserve the right to send you electronic mail for the purpose of informing you of changes or additions to the Services, this Agreement, and any other service provided by us. To learn more about your options relating to such communications, please see our Privacy Policy.
10. Referrals
The content displayed and created by us for the Services may also be located on third-party websites or applications, via a link, click-through advertising, or otherwise. Nothing contained in any of these referral locations is an offer or promise by us to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. In addition, we do not make any representation or warranty with respect to such third-party services, and is not responsible for their accuracy, sufficiency, veracity, completeness, or timeliness. You are responsible for confirming the sufficiency and reliability of any third-party services, and you hereby release us from any and all claims, demands, liability and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of such services.
11. Lender-related third party links
You understand and acknowledge that certain of Services offered by us may be financial or mortgage tools that provide information and customized information based on your inputted data. These tools are for the purpose of performing calculations, and are not an offer to lend.
You further agree the foregoing disclosures reflect our good faith conclusions regarding the subject matter of such disclosures, and you accept and agree we take no responsibility for, and shall have no liability as a result of or in connection with, any assertions, findings or conclusions that might be made, adjudicated, established or otherwise reached by anyone, nor any actual or alleged inaccuracy of or other faults with any such disclosures.
12. Representations and warranties; Liability disclaimers
You represent, warrant, and covenant that (a) you shall use the Services for lawful purposes only (b) no materials of any kind submitted through their account which (i) violate or infringe in any way upon the rights of others, (ii) are unlawful, threatening, abusive, defamatory, vulgar, obscene, or profane in our sole discretion, (iii) encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or (iv) contains any advertising or solicitation with respect to products or services (without our express prior written approval). The Material may contain inaccuracies or typographical errors. We make no representations, warranties, or endorsements with regard to the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Services and the Material. Advice received via the Services should not be relied upon for personal, legal, medical, or financial decisions and you should consult an appropriate professional for specific advice tailored to their situation.
YOU EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER WE, OUR PARENTS, SUBSIDIARIES, OR AFFILIATES NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SERVICES WILL RUN UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR ANY FORM OF MALICIOUS CODE, COMMUNICATION LINE FAILURE, THEFT, OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGES THAT NEITHER WE, OUR PARENTS, SUBSIDIARIES, OR AFFILIATES NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS IS LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

13. Disclaimers of certain damages
IN NO EVENT SHALL WE, OUR PARENTS, SUBSIDIARIES, OR AFFILIATES NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES, THE DELAY OR INABILITY TO USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE, OUR PARENTS, SUBSIDIARIES, OR AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. UNDER NO CIRCUMSTANCES SHALL WE, OUR PARENTS, SUBSIDIARIES, OR AFFILIATES NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OF THE SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF ANY AND ALL DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES ARISING FROM ANY USE OF THE WEBSITE, INCLUDING ANY DAMAGES THAT MAY BE INCURRED BY THIRD PARTIES.
14. Indemnity
You agree to and shall defend, indemnify, and hold harmless us, our parents, subsidiaries, and affiliates, and their respective officers, directors, employees, and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from any use of the Services and any Material contained therein, or by your breach of the terms of this Agreement. We reserve the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by User.
15. User information
To learn more about how we collect and use your information, please see our Privacy Policy.
16. Force Majeure
Under no circumstances shall we be held responsible or liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war (including but not limited to cyber related events and/or occurrences attributed to state and/or quasi-state actors by either public or privacy organizations and/or entities and/or governments), governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, lighting, or air conditioning.
17. Dispute Resolution, Arbitration, Class Action Waiver, Jury Waiver
• Disputes. The terms of this section shall apply to all Disputes between you and us. For the purposes of this section, “Dispute” shall mean any dispute, claim, controversy or action between you and us, including but not limited to disputes concerning this Agreement, your use of the Website, and/or privacy or publicity rights, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis. YOU AND US AGREE THAT “DISPUTE” AS DEFINED IN THESE TERMS OF USE SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY US FOR (1) TRADE SECRET MISAPPROPRIATION; (2) PATENT INFRINGEMENT; (3) COPYRIGHT INFRINGEMENT OR MISUSE; AND/OR (4) TRADEMARK INFRINGEMENT OR DILUTION.
• Opt-Out. You may opt-out of the dispute resolution procedures set forth in this Agreement by sending a written letter to Tammac Holdings Corporation dba AutoMHatic Financial at 480 East Swedesford Road, Suite 200, Wayne, PA 19087 within thirty (30) calendar days of your initial agreement to this Agreement (including your first use of the Website) that specifies: (1) your name; (2) your mailing address; (3) and your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedures set forth above, all other terms of this Agreement shall continue to apply.
• Dispute Notice. In the event of a Dispute, you or we must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to us must be addressed to Tammac Holdings Corporation dba AutoMHatic Financial, 480 East Swedesford Road, Suite 200, Wayne, PA 19087 (“Notice Address”). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you, or via email if we do not have any such address on file. Within 60 calendar days upon either party receiving the Dispute Notice, the parties shall engage in a good faith informal dispute resolution conference, whether by phone, e-mail, or other channel as agreed between the parties. You and us will work in good faith to schedule the informal conference at a mutually convenient time. If you are represented by counsel, your counsel may participate in the informal dispute resolution conference, but you shall also fully participate in such discussions. The arbitrator may dismiss any arbitration brought without first proceeding through the informal dispute resolution conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.
• Mediation. In the event the parties cannot resolve the Dispute via the informal dispute resolution conference, the Dispute must first be submitted to non-binding mediation before a neutral third party before it may proceed to arbitration. Selecting the mediator, the appropriate terms for mediation (including costs), and a date for mediation shall be negotiated in good faith between the parties. The administrative fees associated with mediation shall be negotiated between the parties, but you will not be required to pay any such fees that exceed those fees you would be required to pay if proceeding in a court of law. Such fees also will not include attorneys’ fees and costs, if any, unless awarded during mediation. If the parties cannot agree to appropriate terms concerning mediation, the parties shall be entitled to proceed with an arbitration proceeding pursuant to this section. The arbitrator may dismiss any arbitration brought without first proceeding through the informal dispute resolution conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.
• Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state, municipality, province or territory if the action is within that court’s jurisdiction and is pending only in that court.
• CLASS ACTION WAIVER. YOU AGREE THAT YOU MAY BRING DISPUTES AGAINST US IN AN INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS.
MASS ACTION WAIVER. You and us agree that any Dispute between you shall be resolved only in an individual arbitration pursuant to this Section. You and us expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a Mass Action, as defined below, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any Mass Action to award relief to anyone but the individual in arbitration, unless otherwise provided in this section. “Mass Action” includes instances in which you or us are represented by a law firm or collection of law firms that has filed 25 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on you or our behalf, and the law firm or collection of law firms seek to simultaneously or collectively administer and/or arbitrate all arbitration demands in the aggregate. Notwithstanding this section, nothing prevents you or us from participating in a mass settlement of claims.
• Special Master Appointment. In the event there is a dispute concerning the Mass Action Waiver, the parties agree to resolve such dispute before a Special Master appointed by the arbitration provider and agreed to between the parties. The Special Master shall have authority to resolve disputes concerning: (i) filing fees owed with respect to any Mass Action; (ii) any dispute regarding whether this arbitration agreement has been followed; (iv) whether claimants are barred from proceeding with a Mass Action; (v) any dispute relating to the representation of the same claimant by multiple law firms; (vi) any dispute regarding discovery common to all claims; and (vii) any disputes regarding legal or factual issues common to all claims. If the Special Master determines you violated the Mass Action Waiver, either party shall have the opportunity to opt-out of arbitration within 30 days of the arbitrator’s decision. You may opt-out of arbitration by providing a written notice to 480 East Swedesford Road, Suite 200, Wayne, PA 19087. We may opt-out of arbitration by sending written notice of its intention to the arbitration provider and to you or your attorney, agent, or representative. For the avoidance of doubt, the ability to opt-out of arbitration at this stage in the proceedings only applies if the arbitrator or panel of arbitrators determines that you have violated the Mass Action Waiver. If the parties proceed with arbitration, the parties agree to the batching procedures below.
• Batching. After proceedings before the Special Master have concluded, and to the extent any Mass Actions are permitted to proceed, the parties agree that Mass Actions will be batched into groups of no more than 200 demands per batch by state of residence (with any remaining demands batched into a single group). The parties shall inform the arbitrator of the batches and their composition within 14 calendar days of the conclusion of proceedings before the Special Master. The arbitrator provider shall treat each batch of claims as one case, with each case having one demand for arbitration, one appointed arbitrator, and one set of administrative documents and filing fees per batch. The parties shall randomly assign sequential numbers to each batch, and only one batch shall proceed to arbitration at a time in the order of the random sequential numbers. A separate arbitrator will be appointed to, and administrative and filings fees assessed for, each batch as the batch proceeds to arbitration.
• Arbitration Procedure. If a party elects to commence arbitration, the arbitration shall be administered by the American Arbitration Association (“AAA”) and be governed by the AAA Commercial Arbitration Rules and Mediation Procedures (“AAA Commercial Rules”), and other applicable rules, including the AAA Consumer Arbitration Rules (“AAA Consumer Rules”), as modified by these Terms and Conditions. The AAA Commercial Rules and AAA Consumer Rules are available at adr.org. If there is a conflict between the AAA Commercial Rules and AAA Consumer Rules and the rules set forth in these Terms and Conditions, the rules set forth in these Terms and Conditions shall govern. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of these Terms and Conditions. The arbitrator, and not any federal, state, provincial, territorial or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms and Conditions, including, but not limited to, any claim that all or any part of these Terms and Conditions is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
• Hearing Format. Unless otherwise agreed, the arbitration shall take place in the State of Pennsylvania, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses). In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, in any, is based. During the arbitration, the amount of any settlement offer made by us or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or us is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.
• Arbitration Fees. The arbitration fees are governed by AAA’s Commercial Arbitration Rules and Mediation Procedures Administrative Fee Schedule (“Commercial Fee Schedule”) or Consumer Arbitration Rules Costs of Arbitration (“Consumer Fee Schedule”), as applicable, and as modified by these Terms and Conditions. AAA’s Commercial Fee Schedule and Consumer Fee Schedule are available at adr.org. You agree that if you initiate the arbitration, you will pay your filing fee. You shall not be required to pay a filing fee that exceeds any amounts you would otherwise be required to pay by applicable law when filing a claim in a court of relevant jurisdiction. You are responsible for all additional costs that you incur in the arbitration, including without limitation, fees for attorneys or expert witnesses.
• Arbitrator’s Authority. All issues of arbitrability shall be reserved to the arbitrator. The arbitrator may award relief, including but not limited to monetary, declaratory, injunctive or other equitable relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief. The decision of the arbitrator shall be in writing and shall briefly set forth the essential findings of fact and legal analysis. A judgment to enforce the award may be entered by a court of competent jurisdiction, however, any award that has been satisfied may not be filed or entered into court.
• Binding Authority / Confidentiality. The parties agree that that they are each waiving their right to a trial by jury to the maximum extent permitted by law, and that the arbitrator’s award shall be final and binding unless the parties otherwise agree in writing. All arbitration proceedings will be confidential and closed to the public and any parties other than you and us.
• Amendments to this Section. Notwithstanding any provision in these Terms and Conditions to the contrary, you and us agree that if we make any material amendments to the dispute resolution procedure and class action waiver provisions in these Terms and Conditions, we will notify you and you will have thirty (30) calendar days from the date of notice to affirmatively opt-out of any such amendments by sending a written letter to the Notice Address that specifies: (1) your name; (2) your mailing address; and (3) your request to opt-out of such amendments. If you affirmatively opt-out of any future amendments, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Section as stated in these Terms and Conditions, without any of the proposed amendments governing. If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to any such future amendments.
• Severability. If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of these Terms and Conditions remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of these Terms and Conditions.
• Exclusive Venue For Other Controversies. You and us agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Section (other than an individual action filed in small claims court) shall be filed only in the courts located within the State of Pennsylvania and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts.