Any dispute or claim relating in any way to any products or services rented, sold or distributed by or through TextbookRush will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Participation Agreement as a court would.
The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1 800 778 7879. A form for initiating arbitration proceedings is available on the AAA's site at http://www.adr.org In addition to filing this form with the AAA in accordance with its rules and procedures, you must send a copy of the completed form to TextbookRush at the following address to initiate arbitration proceedings: BDB Industries, Inc. c/o Neil B. Mooney, Esq., 1911 Capital Circle NE, Tallahassee, Florida 32308.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this agreement. If the value of the relief sought is $2,500 or less, at your request, TextbookRush will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by TextbookRush should be submitted by mail to the AAA along with your Demand for Arbitration and TextbookRush will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $2,500 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, TextbookRush will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse TextbookRush for all fees associated with the arbitration paid by TextbookRush on your behalf, which you otherwise would be obligated to pay under the AAA's rules. Likewise, TextbookRush will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.
If for any reason a claim proceeds in court rather than in arbitration WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.