Please read this carefully. It requires you and NomaticX to resolve most disputes through individual arbitration, not in court, and waives the right to a jury trial and to class actions.
Talk to us first. Before starting a formal claim, send a written description of your dispute and the relief you want to support@nomaticx.com with the subject "Dispute Notice." We'll do the same if we have a dispute with you. Both sides will try in good faith to resolve it for 60 days. Statutes of limitation are paused during this period.
Arbitration. If we can't resolve it, any dispute arising from or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, before a single arbitrator. The arbitration may be conducted by video, by phone, or on written submissions. Any in-person hearing will be in your county of residence or in Salt Lake County, Utah, as you choose. Payment of AAA filing, administration, and arbitrator fees is governed by the AAA's rules, and we'll pay any portion that would make arbitration cost-prohibitive for you compared with going to court. The arbitrator can award any individual relief a court could, and questions of arbitrability are for the arbitrator, except as stated below.
Exceptions. Either of us may bring an individual claim in small-claims court if it qualifies. Either of us may seek an injunction in court for infringement or misuse of intellectual property. Nothing here stops you from reporting issues to a government agency.
Class-action and jury waiver. You and NomaticX each may bring claims only individually, not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims or award class-wide relief. You and NomaticX both waive the right to a jury trial. If a court finds this waiver unenforceable for any claim or type of relief, that claim or relief must be decided in court after any individual arbitration is complete, and the rest of this section still applies.
Mass filings. If 25 or more similar demands are filed by or with the help of the same counsel or coordinated group, they will be administered in batches of up to 50 under AAA's Mass Arbitration Supplementary Rules, and the parties will cooperate so fees are assessed per batch rather than per claim.
Opting out. You can reject this arbitration agreement by emailing support@nomaticx.com with the subject "Arbitration Opt-Out" within 30 days of first accepting these Terms. Include your name and the phone number or email on your account. Opting out does not affect any other part of these Terms.
Changes. If we change this section, the change will not apply to any dispute that you gave us notice of before the change took effect.
If this section doesn't apply, or you opt out, disputes will be resolved exclusively in the state or federal courts located in Salt Lake County, Utah, and you and NomaticX consent to personal jurisdiction there.