Arbitration Agreement

ARBITRATION AGREEMENT

By accessing the alumshares, Inc. website and any pages thereof (collectively, the “Website”) owned and operated by alumshares, Inc. (together with its affiliates, “Alumshares”, “we”, “our” or “us”), using the services thereon, or using the other services and/or products provided by Alumshares (collectively, the “Services”), you agree to be bound by the following arbitration terms:

Any action, claim, dispute, or proceeding arising from, relating to, or otherwise connected with the Terms of Use, the Privacy Policy or any other policies and procedures posted on the Website, the Website, the Services or any transactions arising out or in connection with the Services (each a “Claim”) shall be exclusively and definitively resolved through final and binding arbitration, it being the intention of Alumshares that this is a broad form arbitration agreement designed to include any and all disputes involving you and Alumshares of any type.  

“Claim” has the broadest possible meaning, and includes initial claims, counterclaims, cross-claims and third-party claims.  It includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity (including claims for injunctive or declaratory relief).  Any dispute concerning the validity, enforceability, coverage or scope of this Arbitration Agreement or any part thereof must be decided by a court. 

Any such arbitration shall be commenced and conducted as follows:  

Subject to terms set forth in the Terms of Use and except as otherwise expressly set forth herein, the Rules of the American Arbitration Association (the "AAA") in effect on the date of the commencement of the subject arbitral proceeding shall govern and control, but the subject arbitration shall not be administered by the AAA.  Unless you and Alumshares agree in writing otherwise, the arbitral tribunal shall consist of three (3) individuals, each of whom shall:  (i) be qualified with the AAA to serve as an arbitrator in an arbitral proceeding administered by the AAA; and (ii) be a lawyer.  Alumshares, as the first party, and you, as the second party, each shall select one (1) arbitrator who meets the qualifications set forth herein to serve on the arbitral tribunal, and the two (2) persons so selected shall select a third individual who meets the qualifications set forth herein to serve on the arbitral tribunal.  In the event that the three (3) members of the arbitral tribunal for any reason shall not have been selected within thirty (30) days of the commencement of the subject arbitral proceeding, then the Clerk of Superior Court of the county in which Alumshares’ principal office is located shall have the authority to select the arbitrator(s) who have not been so selected, with such Clerk of Superior Court being bound by the terms of this Arbitration Agreement.  The venue for any such arbitral proceeding shall be the county in which Alumshares’ principal office is then-located, unless you and Alumshares agree in writing otherwise.  The arbitral tribunal may employ professionals and other persons to be of assistance in the arbitration.  The decision of any two (2) members of the arbitral tribunal shall be the decision of the tribunal.  The decision of the arbitral tribunal shall be in writing and signed by each member of the arbitral tribunal.  Judgment with respect to any such determination and award may be entered and enforced by any court of competent jurisdiction.  The expenses of the arbitral tribunal and any other arbitration-related expenses shall be borne by Alumshares and you in the proportions determined by the arbitral tribunal.

In addition, the arbitral tribunal may award declaratory or injunctive relief but only in favor of the party seeking relief and only to the extent necessary to provide relief warranted in that party’s individual Claim.  Upon the timely request of either party, the arbitral tribunal shall write a brief explanation of the basis of their award.  Any court with jurisdiction may enter judgment upon the arbitral tribunal’s award. If the arbitral tribunal determines that any Claim or defense is frivolous or wrongfully intended to oppress the other party, the arbitral tribunal may award sanctions in the form of fees and expenses reasonably incurred by the other party (including arbitration administration fees, arbitral tribunal fees, and attorney, expert and witness fees), to the extent such fees and expenses could be imposed under Rule 11 of the Federal Rules of Civil Procedure.

NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL, TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE APPLICABLE ARBITRATION RULES, OR OTHERWISE TO LITIGATE THE DISPUTE OR CLAIM IN ANY COURT (OTHER THAN IN AN ACTION TO ENFORCE THIS ARBITRATION AGREEMENT OR THE ARBITRAL TRIBUNAL’S AWARD).  FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. 

If any part or parts of this Arbitration Agreement are found to be invalid or unenforceable by a decision of the arbitral tribunal, then such specific part or parts shall be of no force and effect and shall be severed, but the remainder of this Arbitration Agreement shall continue in full force and effect.