PLEASE READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE PROVISIONS REQUIRING YOU TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION.
Arbitration. V7 ISP Network and you agree to arbitrate all disputes and claims that arise from or relate to these Terms or the Services, except for claims arising from bodily injury. This agreement to arbitrate is intended to be broadly interpreted, including, for example:
• claims arising under any legal theory;
• claims for mental or emotional distress or other emotional/mental injury arising from the
relationship between us;
• claims that arose before you accepted these Terms (such as claims related to disclosures or the marketing of the Services);
• claims that may arise after the termination of your use of the Services or any agreement between us; and
• claims brought by or against our respective subsidiaries, parent companies (including Ventra7, LLC whether or not it is a parent company at the time of the dispute), members, as well as the respective officers, directors, employees, agents, predecessors, successors, and assigns of these entities, you, and V7 ISP Network.
This arbitration agreement does not preclude either you or V7 ISP Network from bringing an individualized action in small claims court. It also does not preclude either of us from seeking an individualized preliminary injunction or temporary restraining order, pending arbitration, in any court that has jurisdiction. Nor does this arbitration agreement bar you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against V7 ISP Network on your behalf.
You agree that, by entering into this agreement, we are each waiving the right to a trial in a court or to participate in a class or representative action. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.
Notice of disputes. If either of us intends to seek arbitration of a dispute, that party must provide the other with notice in writing. The notice to V7 ISP Network should be sent to V7 ISP Network’s agent for service of process, Corporation Service Company (“CSC”), at the following address (“V7 ISP Network Notice Address”):
V7 ISP Network Inc. c/o Thompson Lossada 1055 W 7th St, Suite 3300, Los Angeles, CA 90017 (If you instead would like to provide notice to V7 ISP Network through TL outside of California,
you may be able to find other addresses for TL by searching for “V7 ISP Network” on the website of the Secretary of State for other states.) V7 ISP Network will send notice to you at the e-mail and mailing addresses associated with your account. Your notice to V7 ISP Network must (a) provide your name, mailing address, email address, and your V7 ISP Network account number; (b) describe the dispute; and (c) state the relief you are requesting. If we are unable to reach an agreement to resolve the dispute within 60 days after the notice is received, you or we may commence arbitration. Unless we agree otherwise, your demand for arbitration should be sent to V7 ISP Network at the V7 ISP Network Notice Address above (or through the alternative TL address as indicated above).
Arbitration procedures. The arbitration will be governed by your choice between the Commercial Arbitration Rules or the Consumer Arbitration Rules (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org. If the AAA is unavailable, the parties shall agree to another arbitration provider or the court shall appoint a substitute. Unless we agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence (or principal place of business if you are a small business). If the value of your claim is $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by telephone, or by an in-person hearing. If the value of
your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of this arbitration provision or the arbitrability of disputes are for the court to decide. The arbitrator may consider but is not bound by rulings in other arbitrations between V7 ISP Network and V7 ISP Network residential subscribers. The arbitrator can award the same individualized damages and relief that a court can award. Judgment on the award may be entered by any court having jurisdiction.
Costs of arbitration. The AAA’s fee schedule is subject to change and may be found in the AAA Rules (available online at www.adr.org). V7 ISP Network will pay all AAA filing, administrative, and arbitrator fees for any arbitration that Ventra7 commences. If you provided V7 ISP Network with 30 days’ notice of your intent to arbitrate before commencing arbitration and the value of your claim is $75,000 or less, V7 ISP Network will pay your share of any such AAA fees. If the value of your claim is between $75,000 and $300,000, your share of any such fees will be capped at $200 (unless the law of your state requires V7 ISP Network to pay all such fees). And if the value of your claim exceeds $300,000, the allocation of AAA fees will be governed by the AAA Rules (unless the law of your state requires V7 ISP Network to pay all such fees). If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA fees shall be governed by the AAA Rules. In such cases, the arbitrator may direct you to reimburse V7 ISP Network for amounts that V7 ISP Network paid on your behalf.
No class arbitration. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND V7 ISP Network AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless all affected parties agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this subsection’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
Future changes to arbitration provision. If V7 ISP Network makes any changes to this Disputes section of these Terms (other than a change to the address at which V7 ISP Network will receive notices of dispute), you may reject any such change by completing this online change rejection form. It is not necessary to reject a future change to this arbitration provision if you had properly opted out of this arbitration provision within the first 30 days after you accepted these Terms. By rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this arbitration provision, as modified by any changes you did not reject.