Please read this section carefully. It requires most disputes to be resolved by binding individual arbitration, waives your right to a jury trial, and waives your right to participate in a class action. You may opt out within 30 days.
14.1 Talk to us first. Before starting arbitration or a lawsuit, send a written notice describing the dispute and the relief you want to legal@rankbids.com. Both parties will try in good faith to resolve it for 30 days after that notice. This step is a precondition to filing.
14.2 Binding arbitration. If we cannot resolve it, any dispute arising out of or relating to these terms or the service will be settled by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, before one arbitrator. The Federal Arbitration Act governs the interpretation and enforcement of this section. Arbitration will take place in Travis County, Texas, or by video or telephone at your election, or by written submissions where the rules allow. The arbitrator may award the same individual relief a court could, and the award may be entered as a judgment in any court of competent jurisdiction.
14.3 Class action waiver. You and Rankbids.com agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative proceeding. If this paragraph is found unenforceable as to a particular claim or request for relief, then that claim or request — and only that one — must proceed in court under section 15, and the rest of this section 14 continues to apply to everything else.
14.4 Jury trial waiver. To the extent any dispute proceeds in court rather than arbitration, both parties knowingly and voluntarily waive any right to a trial by jury.
14.5 Exceptions. Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court to protect intellectual property or stop unauthorised access to the service.
14.6 Your right to opt out. You may reject this arbitration and class action waiver by emailing legal@rankbids.com with the email address you paid with and the words “arbitration opt-out” within 30 days of first accepting these terms. Opting out affects nothing else in this agreement, and we will not treat it as a reason to remove your listings.
14.7 Time limit. Any claim must be brought within one year of when it arose, or it is permanently barred, unless a longer period is required by law.