Overview. Arbitration is an alternative to litigation where a neutral person (the arbitrator) hears and decides the parties’ dispute. Arbitration proceedings are designed to provide parties with a fair hearing in a manner that is faster and less formal than court proceedings. The following procedures (the “Arbitration Procedures”) are applicable to all arbitration proceedings involving you and Affinity Apps.
Pre-Arbitration Dispute Resolution. Affinity Apps is always interested in resolving disputes amicably and efficiently. So before you commence an arbitration, we suggest that you contact us to explain your complaint, as we may be able to resolve it without the need for arbitration. You may Contact Us online or at Affinity Apps Legal, P.O. Box 25458, Dallas, TX 75225
Administrator. The administrator for the arbitration is the American Arbitration Association (“AAA”), a non-profit organization that is not affiliated with Affinity Apps. The AAA facilitates, but does not itself conduct, the arbitration. The arbitrator who will hear and decide your dispute will be chosen from the AAA’s roster of neutral arbitrators. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA’s rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration .
Applicable Rules. The arbitration will be governed by the AAA's Consumer Arbitration Rules (the "AAA Rules"), as modified by these Arbitration Procedures. If there is any inconsistency between the AAA Rules and these Arbitration Procedures, the Arbitration Procedures will control. However, if the arbitrator determines that strict application of the Arbitration Procedures would not result in a fundamentally fair arbitration, the arbitrator may make any order necessary to provide a fundamentally fair arbitration that is consistent with the AAA Rules.
Commencing an Arbitration. To commence an arbitration against Affinity Apps, you must complete a short form, submit it to the AAA, and send a copy to Affinity Apps at Affinity Apps Legal, PO Box 25458, Dallas, TX 75225. To learn more about commencing an arbitration and to obtain a form to institute arbitration, see the AAA's claim filing page, http://www.adr.org/support, and its guide on Representing Yourself in Arbitration, http://info.adr.org/prose/. You may represent yourself in the arbitration or have a lawyer (or some other representative) act on your behalf. Upon receipt of an arbitration claim, Affinity Apps may assert any counterclaims it may have against the complaining party.
Fees. You are responsible for paying your portion of the fees set forth in the AAA’s fee schedule for consumer disputes. Affinity Apps will pay all remaining fees. If your claim against Affinity Apps is for less than $1,000, we will pay all fees. If you believe you cannot afford the AAA’s fee, you may apply to the AAA for a fee waiver.
Selection of the Arbitrator. The parties, using the AAA’s standard procedures, will select a single arbitrator from a roster of neutrals prepared by the AAA.
If you are seeking less than $10,000, the arbitrator will decide the dispute based only upon the parties’ written submissions and, if requested by either party, a telephonic hearing. The parties may submit to the arbitrator written statements setting forth their positions no later than 30 days after the arbitrator’s appointment. Each party may also submit a rebuttal or supplemental statement within 10 days after initial statements are due. If a telephonic hearing is requested, it will occur within 45 days after the arbitrator’s appointment.
If you are seeking at least $10,000 but less than $50,000, any initial written statements will be due within 60 days after the arbitrator’s appointment, and any rebuttal or supplemental statements will be due within 15 days after initial statements are due. A telephonic hearing is required and will occur within 90 days after the arbitrator’s appointment.
If you are seeking $50,000 or more, initial written statements are required and must be submitted to the arbitrator within 90 days after his or her appointment. Any rebuttal or supplemental statements will be due within 30 days after initial statements are due. The hearing before the arbitrator must be in-person, unless both sides agree to a telephonic hearing, and will occur at a location to be determined by the arbitrator within 6 months after his or her appointment.
The above rules also apply to claims or counterclaims brought by Affinity Apps.
Discovery. Each party may (a) request relevant, non-privileged documents from the other party; and (b) request that the other party provide the particulars of its claims or defenses. Any such discovery requests must be served on the other party within 10 days after the arbitrator’s appointment. The responding party shall provide the requesting party with all responsive, non-privileged documents, the requested particulars, and/or any objections to the requests within 15 days after receipt of the requests. Any disputes about discovery or requests for extensions shall be submitted promptly to the arbitrator for prompt resolution. In ruling on any discovery dispute or extension request, the arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort what would be involved in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defense. Unless both sides agree otherwise, no other forms of written discovery (such as interrogatories or requests for admissions) may be utilized. No depositions may be taken, except by agreement of the parties or by order of the arbitrator upon a showing of good cause by the requesting party and a finding by the arbitrator that the deposition is necessary to determination of the matter.
Communications with the Arbitrator. Whenever communicating with the arbitrator, the parties must include each other – for example, by including the other party on a telephone conference call and copying the other party on any written submissions, such as letters or emails. To the extent practicable, conferences with the arbitrator will take place by telephone conference call or email. Ex parte communications are not permitted with any arbitrator.
Confidentiality. Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted filing of confidential information must be done under seal.
Arbitration Award. The arbitrator will render a written decision within 14 days after the hearing or, if no hearing was held, within 30 days after any rebuttal or supplemental statements are due. The decision must clearly specify the relief, if any, awarded and contain a brief statement of the reasons for the award. The decision may not contain an award of attorneys’ fees against a party except upon an express and reasoned finding by the arbitrator that the core position(s) taken by that party in the arbitration clearly lacked a reasonable factual or legal basis. However, Affinity Apps will not seek reimbursement of its attorney fees;
Default. A party shall be held in default if it: (a) fails to respond to a claim or counterclaim within the time prescribed by the AAA Rules; or (b) materially fails to participate in the arbitration process (e.g., by failing to submit information necessary to select an arbitrator, to respond to discovery requests in a timely and complete fashion, or to appear at conferences or the hearing. Upon default, the arbitrator shall enter an award in favor of the non-defaulting party and against the defaulting party.