YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE RESERVE THE SOLE AND ABSOLUTE RIGHT TO ARBITRATE ANY DISPUTE PRIOR TO OR IN LIEU OF OTHER TYPES OF DISPUTE RESOLUTION AS REQUIRED BELOW.

PLEASE READ THESE SECTIONS CAREFULLY BECAUSE: 1. IT ONLY APPLIES TO INDIVIDUALS OR ENTITIES WHO HAVE FORMED LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW, 2. IT MAY REQUIRE YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US AND 3. IF ARBITRATION IS SELECTED BY US, SUCH ARBITRATION SHALL PRECLUDE YOU FROM SUING US IN COURT OR HAVING A JURY TRIAL.

1. DISPUTES
You agree that any Dispute (defined below) or claim between you and us is personal to you and us and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding (“Agreement”). This Agreement applies to all Disputes based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, including but not limited to Disputes asserted against us by those you list as authorized contacts on your order.

2.
By your access and or continued use of the Site and or Services, you agree to waive your rights to a jury trial and to have any dispute or claim arising out of or relating to any product or service purchased from us (collectively, “Dispute(s)”) resolved in the manner as described herein. Disputes include, but are not limited to, (a) those arising out of or related to these Terms or our Services, and (b) those related to advertising, privacy, data security, and the use of our Site. Questions regarding the arbitrability of a dispute or claim between you and us are not included in the definition of a Dispute and are to be adjudicated by a court of law as set forth below. For the purposes of this Agreement, references to “you” and “us” include our respective subsidiaries, affiliates, agents, employees, employers, business partners, shareholders, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us.

3. REQUIRED PROCEDURES
For any Dispute you agree to attempt to resolve the Dispute informally via the following process. If you assert a claim against us, you will first contact us by sending a written notice of your Dispute (“Claimant Notice”) to us by U.S. certified mail addressed to Notice of Dispute, Legal Department, Epik LLC, 30 N Gould St Ste E, Sheridan, WY 82801. The Claimant Notice must (i) include your name, residence address, email address, and telephone number; (ii) describe the nature and basis of the Dispute; (iii) set forth the specific relief sought; (iv) identify whether the party contends the Dispute is within the scope of this Agreement and is arbitrable; and (v) be personally signed (in the case of any digital signature, the digital signature shall comply with the requirements of the federal E-Sign Act).

4.
For a period of sixty (60) days from receipt of a completed notice (which can be extended by agreement of the parties), you agree to negotiate in good faith in an effort to resolve the Dispute. Completion of this mandatory dispute resolution process (“Process”) is a condition precedent to initiating any Dispute against us. If an arbitration has been commenced any arbitration then underway shall be stayed. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. Nothing in this Section limits this the right of a party to seek damages for non-compliance with this Process. All applicable limitations periods (including statutes of limitations) will be tolled from the date of receipt of a completed notice through the conclusion of this Process.

5.
You also agree that the laws of the State of Washington will govern these Terms and any Dispute without regard to conflict of law provisions. You also agree and submit to personal jurisdiction, for the purpose of litigating any such Dispute, to the laws and courts of the State of Washington. Without prejudice to the foregoing, you agree that, in our sole discretion, we may bring any claim, cause of action, or dispute we have against you in any competent court in the country or county in which you reside that may have jurisdiction over the claim.

6.
Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages except that the prevailing party will be entitled to costs and attorneys’ fees.

UPON NOTICE OF ARBITRATION BY US:

1. AGREEMENT TO ARBITRATE DISPUTES
You agree that any Dispute (defined below) or claim between you and us is personal to you and us and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding (“Agreement”). This Agreement applies to all Disputes based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, including but not limited to Disputes asserted against us by those you list as authorized contacts on your order.

(A) ARBITRATION PROCEDURES

i. By your access and or continued use of the Site and or Services, you agree to waive your rights to a jury trial and to have any dispute or claim arising out of or relating to any product or service purchased from us (collectively, “Dispute(s)”) resolved in the manner as described herein. Disputes include, but are not limited to, (a) those arising out of or related to these Terms or our Services, and (b) those related to advertising, privacy, data security, and the use of our Site. Questions regarding the arbitrability of a dispute or claim between you and us are not included in the definition of a Dispute and are to be adjudicated by a court of law as set forth below. For the purposes of this Agreement, references to “you” and “us” include our respective subsidiaries, affiliates, agents, employees, employers, business partners, shareholders, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us.

ii. All Disputes submitted to AAA will be resolved through binding arbitration before one arbitrator.

iii. You agree to use the AAA Commercial Arbitration Rules, including the Expedited Procedures for all Disputes, except for the AAA rules concerning the arbitrability of Disputes, which may be exclusively determined by a court as set forth herein. The most current version of the AAA Commercial Arbitration Rules is available on the AAA’s website at AAA Rules, Forms & Fees, and such rules are hereby incorporated by reference into this Agreement. You either acknowledge and agree that you have read and understand the applicable AAA Arbitration Rules or waive your opportunity to read the AAA Arbitration Rules and waive any claim that such rules are unfair or should not apply for any reason. If AAA is unavailable or unwilling to administer the arbitration consistent with this arbitration agreement, the parties shall agree on an alternative administrator that will do so. If the parties cannot agree, they shall petition the federal court sitting in Spokane County, Washington or, if the federal court in Spokane County to appoint an administrator that will do so. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs, including costs for expert and other witnesses, to the prevailing party.

iv. You acknowledge that the purpose of this Section is to streamline the dispute resolution process and that Coordinated Filings or Mass Arbitration’s are likely to frustrate that purpose. A “Coordinated Filing” or a “Mass Arbitration” is any demand for arbitration where the underlying claim is similar to at least five (5) or more other demands for arbitration regarding the same or substantially similar issues filed by or with the assistance of the same law firm, group of law firms, or organizations. We may, at our option, decline arbitration and instead litigate the claim in a civil court of competent jurisdiction as determined by us. In the event that a Dispute is part of a Coordinated Filing or a Mass Arbitration, our respective Dispute(s) will be arbitrated in a coordinated fashion such that arbitrator shall: (1) administer the arbitration demands together; (2) appoint one arbitrator for the coordinated demands; and (3) issue one set of case management, hearing and administrative fees due per side, one procedural calendar, and one hearing (if any) in a place to be determined by the arbitrator. To the extent the parties disagree on the application of the provisions of this paragraph, the disagreeing party shall advise the arbitrator, and the arbitrator shall stay the arbitration pending a determination of the applicability of this Section and process by a court. In such a proceeding, the prevailing party may recover its reasonable attorneys’ fees and costs in connection therewith.

(B) INDIVIDUALIZED ARBITRATION PROCEEDINGS AND REMEDIES

i. You agree that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the AAA Rules, the arbitrator will have authority to grant any relief that would otherwise be available in court, including but not limited to public injunctive relief, and to make all procedural and substantive decisions regarding any Dispute, including those arising out of or relating to interpretation or application of this Agreement, and including the enforceability, revocability, or validity of the Agreement or any portion thereof. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one claimant, except for Coordinated Filings or Mass Arbitrations.

ii. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Nothing in this Agreement will prevent us from litigating in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator and or seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.

(C) CONFIDENTIALITY
The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. Both parties agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration. The parties agree to seek such protection before any such information, documents, testimony, and/or materials are exchanged or otherwise become the subject of discovery in the arbitration.

(D) PAYMENT OF ARBITRATION FEES
The costs of arbitration shall be governed by the AAA’s fee schedules, available at AAA Rules, Forms & Fees. Both parties agree to pay the its respective shares of the applicable AAA Commercial Case Filing Fee and all other AAA fees and costs. If, however, the arbitrator finds that either the substance of a Dispute is frivolous or was brought by an initiating party for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then the initiating party will be required to pay all AAA fees.

2. Any Dispute between you and us will be governed by the laws of the State of Washington without regard to its conflict of laws provisions. You hereby consent and agree that the exclusive jurisdiction for all suits, actions, or proceedings directly which are not otherwise arbitrable, shall be the federal court sitting in Spokane County, Washington. You waive any and all objections to such courts, including but not limited to, objections based on personal jurisdiction, improper venue, or inconvenient forum, and each party hereby irrevocably submits to the exclusive jurisdiction of such courts in any suits, actions, or proceedings.