General Terms of Service

13 Waiver of Class Action; Arbitration Agreement

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND CONTRACTSCOPE/INSURESCOPE AGREE TO RESOLVE ANY CLAIM, DISPUTE OR CONTROVERSY ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING YOUR SUBSCRIPTION TO THE SERVICES, EXCLUDING ANY CLAIM, DISPUTE OR CONTROVERSY THAT QUALIFIES FOR SMALL CLAIMS COURT, EXCLUSIVELY AND FINALLY BY BINDING, BILATERAL ARBITRATION BEFORE A NEUTRAL ARBITRATOR RATHER THAN IN COURT BY A JUDGE OR A JURY. This agreement to arbitrate is intended to be broadly interpreted and expressly includes claims brought under any statute, regulation, or legal or equitable theory. Arbitration Rules.  Before a party initiate arbitration, the parties agree to attempt to resolve any dispute amongst themselves by the party seeking to initiate arbitration providing notice of the dispute to the other party and the parties meeting to discuss a possible resolution before proceeding to filing arbitration. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this section. The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. Exceptions to Agreement to Arbitrate: You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so. The small-claims court proceeding will be limited solely to your individual dispute or controversy. InsureScope may bring a lawsuit for injunctive relief or other legal action to stop unauthorized use or abuse of the Site or infringement of intellectual property rights without first engaging in the arbitration process described above. Class Action Waiver. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR INSURESCOPE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. Time Limitation. Any claim or dispute arising under these Terms must be initiated for arbitration within two (2) years from its accrual date. Any claim or dispute initiated two (2) years or longer from its accrual date shall be time-barred and dismissed.