NJ VIRTUAL CONNECTION
BINDING ARBITRATION AGREEMENT
Legal Entity: NJVirtualConnection L.L.C.
Effective Date: [DATE]
Last Updated: [DATE]
IMPORTANT NOTICE
THIS AGREEMENT AFFECTS HOW CERTAIN DISPUTES BETWEEN YOU AND NJ VIRTUAL CONNECTION ARE RESOLVED. SUBJECT TO THE EXCEPTIONS BELOW, COVERED DISPUTES WILL BE RESOLVED THROUGH INDIVIDUAL BINDING ARBITRATION INSTEAD OF A COURT TRIAL OR JURY TRIAL.
1. Agreement to Arbitrate
Except for disputes excluded below, you and NJVirtualConnection L.L.C. agree that covered disputes arising out of or relating to your membership, use of the service, these Terms, or the relationship between you and NJ Virtual Connection will be resolved through individual binding arbitration.
New Jersey law generally recognizes written agreements to arbitrate existing or future controversies, subject to applicable legal grounds and statutory limitations.
2. Informal Resolution Before Arbitration
Before initiating arbitration, the party raising a dispute should provide the other party with written notice describing the dispute and the requested resolution.
The parties will have 30 days after receipt of the notice to attempt to resolve the matter informally and in good faith.
The parties may agree to resolve the dispute at any time through negotiation, settlement, mediation, or another mutually agreed resolution.
Nothing requires the parties to proceed to arbitration if they voluntarily reach a settlement resolving the dispute.
If the dispute is not resolved during the informal resolution period, either party may initiate arbitration as permitted by this Agreement.
3. Settlement
The parties are expressly permitted to settle a dispute before arbitration begins.
They may also resolve the dispute after arbitration has been initiated if they mutually agree to settlement.
A settlement may be documented in writing and may provide for dismissal or withdrawal of the arbitration as appropriate.
4. Individual Arbitration
Arbitration shall be conducted on an individual basis.
Neither you nor NJ Virtual Connection may participate in a class action, class-wide arbitration, representative action, or consolidated proceeding involving claims of other persons to the extent such waiver is enforceable under applicable law.
5. No Jury Trial for Covered Disputes
To the extent legally enforceable, the parties waive the right to have a covered dispute decided by a jury.
6. Small Claims Exception
Either party may bring an individual qualifying claim in small claims court instead of arbitration if the claim falls within the jurisdiction of the applicable small claims court and the applicable law permits the claim to proceed there.
7. Government Agencies and Non-Waivable Rights
Nothing in this Agreement prevents a member from communicating with or filing a complaint with a government agency or exercising a right that cannot lawfully be waived.
Nothing in this Agreement requires arbitration of a claim that applicable law prohibits from being subjected to mandatory arbitration.
8. Court Matters Concerning Arbitration
A court may determine whether an arbitration agreement exists and whether a particular controversy is subject to the agreement. New Jersey law expressly provides for judicial determination of those issues.
A court may also be involved where applicable law permits or requires judicial relief relating to arbitration.
9. Arbitration Procedure
The arbitration shall be conducted before a neutral arbitrator under the rules of the arbitration provider selected in accordance with this Agreement.
If the parties have agreed on a method for selecting an arbitrator, that method will generally be followed; New Jersey law also provides a mechanism for appointment when an agreed method fails or no method has been established.
The arbitration may be conducted remotely unless the parties or arbitrator determine that another format is appropriate.
10. Location
Unless otherwise agreed, arbitration shall be conducted remotely or in New Jersey at a reasonably convenient location.
11. Costs and Fees
Arbitration fees, costs, and attorney's fees will be allocated according to applicable law, the applicable arbitration rules, and any enforceable provision of the parties' agreement.
Nothing in this Agreement is intended to require a member to pay costs that applicable law prohibits the member from being required to pay.
12. Remedies
The arbitrator may award remedies available under applicable law and this Agreement.
New Jersey law provides that an arbitrator may award certain remedies and attorney's fees where authorized by law or the parties' agreement.
13. Severability
If any portion of this Arbitration Agreement is determined to be unenforceable, the remaining provisions shall remain effective to the extent permitted by law.
14. Survival
This Arbitration Agreement survives cancellation or termination of membership to the extent necessary to resolve disputes arising from the parties' relationship.
15. Acknowledgment
By accepting this Agreement, you acknowledge that you understand that covered disputes will generally be resolved through individual binding arbitration rather than through a jury trial or class action, subject to the exceptions and limitations stated above.