PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND ECO HAVE AGAINST EACH OTHER ARE RESOLVED. This Section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and ECo agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.
ECo believes that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms and Conditions, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the ECo Site, (ii) any purchases or other transactions or relationships with ECo, or (iii) any data or information you may provide to ECo or that ECo may gather in connection with such use, interaction or transaction (collectively, “ECo Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the ECo Site, or engaging in any other ECo Transactions or Relationships with us, you agree to binding arbitration as provided below.
(a) Single Arbitrator. The Arbitration shall be conducted before a single arbitrator selected in accordance with the JAMS Rules, or by mutual agreement between you and ECo (the “Arbitrator”);
(b) Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms and Conditions and/or these arbitration provisions in this Section hereof, including but not limited to any claim that all or any part of these Terms and Conditions is void or voidable;
(c) Location of Arbitration. You or ECo may initiate arbitration in (i) the State of Texas; or (ii) at such other location as may be mutually agreed upon by you and ECo; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.
(d) Governing Law. The Arbitrator (i) shall apply internal laws of the State of Texas consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Texas or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
(e) No Class Relief. The Arbitration can resolve only your and/or ECo’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
(f) Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
(g) Arbitration Costs. To the extent permitted by law, each party shall bear one-half of the arbitration fees and costs incurred through JAMS, and each party shall bear its own attorneys’ fees, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
(h) Interpretation and Enforcement of Arbitration Clause. With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the JAMS Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor ECo shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.
(i) Modification of Arbitration Clause with Notice. ECo may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after ECo has given notice of such modifications and only on a prospective basis for claims arising from ECo Transactions and Relationships occurring after the effective date of such notification.
Domestic Use; Export Restriction:
ECo controls the ECo Site from its offices within the United States of America. ECo makes no representation that the ECo Site or its content (including, without limitation, any products or services available on or through the ECo Site) are appropriate or available for use in other locations. Users who access the ECo Site from outside the U.S. do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the U.S. export control laws prohibit the export of certain technical data and software to certain territories. No content from the ECo Site may be downloaded in violation of United States law.
Right to Take Down Content:
ECo shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the ECo Site at any time without notice. Without limiting the foregoing, ECo shall have the right to remove any material that it finds to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any user who fails to conform to any provision of these Terms and Conditions access to the ECo Site or any part thereof.
You or ECo may suspend or terminate your account or your use of the ECo Site at any time, for any reason, or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. ECo reserves the right to change, suspend, or discontinue all or any aspect of the ECo Site at any time without notice.
ECo’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by ECo. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of our Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the ECo Site or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms and Conditions, and any other documents and policies referenced herein, constitute the complete and exclusive understanding between ECo and you relating to the subject matter hereof and supersedes any prior versions of these Terms and Conditions as well as all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter.
Revisions to these Terms and Conditions: ECo reserves the right to revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this ECo Site.