18. Dispute Resolution – Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY

This section affects the Customer's legal rights and governs how disputes between the Customer and eSIM Station are resolved. Except for certain exceptions, both the Customer and eSIM Station agree to resolve disputes through binding arbitration on an individual basis, rather than in court.

Initial Dispute Resolution

  • The Customer agrees to contact eSIM Station at info@esimstation.com to resolve any disputes or claims arising from or related to the use of the Services in good faith through direct written negotiation.
  • The Customer and eSIM Station will attempt to resolve the issue within 30 days of written notice.
  • If unresolved after 30 days, the issue will be deemed a "Dispute" as outlined below.

The Customer acknowledges that if they file for arbitration or initiate legal action without first attempting to resolve the matter through mediation, they forfeit the right to recover attorney's fees, even if otherwise entitled.

Binding Arbitration

The Customer and eSIM Station agree to resolve any disputes, claims, or controversies (collectively "Disputes") through binding arbitration, except where either party seeks injunctive or equitable relief in a court of law to prevent or address actual or threatened infringement or misuse of intellectual property rights.

No Jury Trial:

By agreeing to arbitration, both parties waive the right to a jury trial.

Small Claims Court Option:

The Customer may bring claims in small claims court instead of arbitration if the claim meets the court's rules and is brought on an individual, non-class, and non-representative basis.

Class Action Waiver

The Customer and eSIM Station agree:

  • All Dispute resolution proceedings must be conducted on an individual basis.
  • Class actions, consolidated actions, or representative proceedings are not allowed.
  • The Customer and eSIM Station waive the right to participate in or pursue any class, collective, or representative action.

The arbitrator may not consolidate claims from more than one individual or preside over any form of class or representative proceeding without explicit written consent from both parties.

The Customer and eSIM Station expressly waive any right to pursue disputes on a class or consolidated basis or to have a class action or consolidated proceeding brought on their behalf. Any claim must be brought in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding.

Arbitration Rules and Administration

Arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes, as modified by this Agreement.

The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.

Arbitration Process

Filing Arbitration:

The party initiating arbitration must submit a written demand for arbitration per the AAA Rules.

Selection of Arbitrator:

The arbitrator will be a retired judge or a licensed attorney from California, selected by mutual agreement from AAA's roster of qualified arbitrators.

If no agreement is reached within seven days of the arbitration demand, the AAA will appoint an arbitrator per its rules.

Location and Procedure:

Arbitration will take place in San Francisco, California, unless otherwise agreed by the parties.

For claims under $10,000, arbitration will be conducted based on written submissions unless a hearing is requested by the Customer or deemed necessary by the arbitrator.

For claims over $10,000, the Customer's right to a hearing will be determined by AAA Rules.

Discovery and Hearings:

Discovery is limited to ensure the arbitration remains streamlined and efficient.

Hearings may be conducted via telephone or video conferencing if mutually agreed upon.

Arbitrator's Decision and Applicable Law

The arbitrator will apply the Federal Arbitration Act and California law, including statutes of limitations and privilege claims.

Decisions will be issued per AAA timelines and must adhere to the liability limitations outlined in this Agreement.

Any relief granted by the arbitrator must be specific to the claimant's individual claims.

Enforcement

Arbitration awards may be entered in any court of competent jurisdiction. Injunctive or declaratory relief may only be awarded to the extent necessary to resolve the claimant's individual claims.

This arbitration agreement and class action waiver survive the termination of this Agreement and remain binding on both parties.