This Section 6.0 shall apply to the maximum extent permitted by applicable law. Most user concerns can be resolved by use of our Bigscreen Support Site. If Bigscreen is unable to resolve your concerns and a dispute remains between you and Bigscreen, this Section explains how the parties have agreed to resolve it.
A. Must Arbitrate All Claims Except IP, Unauthorized Use, Piracy, or Theft
YOU AND BIGSCREEN AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN US IN INDIVIDUAL BINDING ARBITRATION. THAT INCLUDES, BUT IS NOT LIMITED TO, ANY CLAIMS ARISING OUT OF OR RELATING TO: (i) ANY ASPECT OF THE RELATIONSHIP BETWEEN US; (ii) THIS WARRANTY; OR (iii) THE HARDWARE, ITS PRICE, THE PURCHASE TRANSACTION, OR ANYTHING ELSE RELATING TO THE HARDWARE. IT APPLIES REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, STATUTE, FRAUD, UNFAIR COMPETITION, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, AND INCLUDES ALL CLAIMS BROUGHT ON BEHALF OF ANOTHER PARTY.
However, this Section 6.0 does not apply to the following types of claims or disputes, which you or Bigscreen may bring in any court with jurisdiction: (i) claims of infringement or other misuse of intellectual property rights, including such claims seeking injunctive relief; and (ii) claims related to or arising from any alleged unauthorized use, piracy, or theft.
This Section 6.0 does not prevent you from bringing your dispute to the attention of any federal, state, or local government agencies that can, if the law allows, seek relief from us for you.
An arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court and provides more limited discovery. It follows different rules than court proceedings and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. YOU UNDERSTAND THAT YOU AND BIGSCREEN ARE GIVING UP THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY.
B. Try to Resolve Dispute Informally First
You and Bigscreen agree to make reasonable, good faith efforts to informally resolve any dispute before initiating arbitration. A party who intends to seek arbitration must first send the other a written notice that describes the nature and basis of the claim or dispute and sets forth the relief sought. If you and Bigscreen do not reach an agreement to resolve that claim or dispute within 30 days after the notice is received, you or Bigscreen may commence an arbitration. Written notice to Bigscreen must be sent via postal mail to: ATTN: Arbitration Notice, Bigscreen Inc. 440 N. Barranca Ave. #9667, Covina, CA 91789
C. Arbitration Rules and Fees
The U.S. Federal Arbitration Act applies to this Section 6.0 as far as your country’s laws permit. The arbitration will be governed by the Consumer Arbitration Rules (or the Commercial Arbitration Rules if the Consumer Arbitration rules are inapplicable) of the American Arbitration Association (“AAA”) as modified by this Agreement. Rules are available at http://www.adr.org. The AAA will administer the arbitration. Outside the U.S., Bigscreen will select a neutral arbitration provider that uses these or similar rules. It may be conducted through the submission of documents, by phone, or in person in the country where you live or at another mutually agreed location.
If you seek $10,000 or less, Bigscreen agrees to promptly reimburse your filing fee and your share, if any, of AAA’s arbitration costs, including arbitrator compensation, unless the arbitrator determines your claims are frivolous or were filed for harassment. Bigscreen agrees not to seek its attorneys’ fees or costs unless the arbitrator determines your claims are frivolous or were filed for harassment. If you seek more than $10,000 and the AAA Consumer Arbitration Rules do not apply, the AAA’s arbitration costs, including arbitrator compensation, will be split between you and Bigscreen according to the AAA Commercial Arbitration Rules.
D. Individual Binding Arbitration Only
YOU AND BIGSCREEN AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, WHISTLEBLOWER ACTION, OR CLASS, COLLECTIVE, OR REPRESENTATIVE ARBITRATION, EVEN IF AAA’s RULES WOULD OTHERWISE ALLOW ONE. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT OF THAT PARTY’S INDIVIDUAL CLAIM—NOT A PUBLIC INJUNCTION THAT WOULD AFFECT OTHERS. You and Bigscreen also agree not to seek to combine any action or arbitration with any other action or arbitration without the consent of all parties to this Agreement and all other actions or arbitrations.
This Agreement does not permit class, collective, or representative arbitration. A court has exclusive authority to rule on any assertion that it does.
E. What Happens if Part of Section 6.0 Is Found Illegal or Unenforceable
If any part of Section 6.0 (Dispute Resolution/Binding Arbitration/Class Action Waiver) is found to be illegal or unenforceable, the rest will remain in effect (with an arbitration award issued before any court proceeding begins), except that if a finding of partial illegality or unenforceability would allow class, collective, or representative arbitration, all of Section 6.0 will be unenforceable, and the claim or dispute will be resolved in court.