This Class Action Waiver & Arbitration Agreement (the "Agreement") applies to any dispute, claim, or controversy arising out of or relating to your use of the services, products, or platforms provided by That Is A Q ("Company", "we", "us", or "our"), and between you and the Company ("Dispute"). By accessing or using our services, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
Important Notice: This Agreement requires disputes to be resolved through binding individual arbitration and waives your right to participate in class action lawsuits or representative proceedings. Please read carefully.
1. Agreement to Arbitrate
Except as expressly stated in Section 5 (Exceptions), you and the Company agree that any and all Disputes shall be resolved exclusively through final and binding arbitration. Arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes, as modified by this Agreement. The arbitration shall be conducted by a single arbitrator, and all proceedings shall be held in the county where you first purchased or used our services, or if none, in Wilmington, Delaware.
2. Class Action & Representative Action Waiver
You expressly waive your right to bring or participate in any class action, consolidated action, representative action, or proceeding in which any party seeks to represent the interests of others. The arbitration shall be conducted on an individual basis only. No arbitrator shall have authority to consolidate more than one individual's claims, to hear claims on a representative, class-wide, or generalized basis, or to join or aggregate claims involving multiple parties.
3. Discovery & Arbitration Procedure
- Discovery shall be limited to the exchange of relevant, non-privileged documents and information directly related to the Dispute.
- The arbitrator may hold hearings via video conference or teleconference to reduce costs and delay.
- The Company shall not seek an award exceeding what could be obtained in a court of law on an individual basis.
- The arbitrator's decision shall be in writing and may be enforced in any court having jurisdiction.
4. Exceptions to Arbitration
The obligations to arbitrate and the class action waiver in this Agreement shall not apply to:
- Individual actions brought in small claims court, provided they remain within the jurisdictional limits of such courts.
- Actions brought to enforce federal, state, or local employment or anti-discrimination laws.
- Actions involving intellectual property infringement, misappropriation, or trade secret claims.
- Actions to enforce this Arbitration Agreement itself.
5. Contact Information & Pre-Dispute Notice
Before initiating arbitration, you must provide the Company with written notice of your intent to arbitrate, including a description of the nature of the claim and the relief sought. The notice should be sent to:
That Is A Q – Legal Disputes Department
100 Innovation Drive, Suite 200
Wilmington, DE 19801
Email: legal@thatisaq.com
The Company shall respond within thirty (30) days. If a resolution is not reached, arbitration may be initiated.
6. Severability & Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. The Federal Arbitration Act shall govern all matters relating to arbitration. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, such provision shall be severed, and the remaining provisions shall remain in full force and effect.
7. Acknowledgment & Acceptance
By proceeding to use our services or by electronically signing below, you acknowledge that you have read this Agreement, understand its terms, and voluntarily agree to arbitrate all Disputes on an individual basis, waiving your right to participate in class actions.