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:
“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:
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.