Legal
Arbitration Agreement
Binding arbitration clause and class action waiver for LifeScribe users.
1. Agreement to Arbitrate
You and LifeScribe agree that any dispute, claim, or controversy arising out of or relating to: (a) these Terms; (b) the use of the LifeScribe Platform; (c) any communications, transactions, or relationships resulting from these Terms; or (d) the alleged breach, enforcement, interpretation, or validity of these Terms or this Arbitration Agreement, will be resolved through binding individual arbitration and not in court.
2. Class Action Waiver
YOU AND LIFESCRIBE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.
3. Jury Trial Waiver
YOU AND LIFESCRIBE WAIVE THE RIGHT TO A TRIAL BY JURY for any dispute covered by this Agreement.
4. Arbitration Administration
The arbitration will be administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, available at www.adr.org.
5. Location and Format
Unless otherwise agreed, arbitration will be conducted virtually or in the State of Utah. For claims of $25,000 or less, the arbitration will be conducted by telephone or written submission unless the arbitrator determines an in-person hearing is necessary.
6. Arbitrator's Authority
The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Agreement is void or voidable. The arbitrator shall apply the laws of the State of Utah and the United States.
7. Costs and Fees
For claims of $10,000 or less, LifeScribe will pay all AAA filing, administrative, and arbitrator fees. For larger claims, costs will be allocated according to AAA Consumer Arbitration Rules. Each party is responsible for its own attorney fees, unless the arbitrator determines that a claim was frivolous.
8. Opt-Out Procedure
You may opt out of this Arbitration Agreement within 30 days of creating your LifeScribe account. To opt out, send an email to hello@trylifescribe.com with:
- Subject line: "Arbitration Opt-Out"
- Your full name
- The email address associated with your LifeScribe account
- A clear statement that you wish to opt out of arbitration
Opting out will not affect any other terms of your relationship with LifeScribe.
9. Exceptions
This Arbitration Agreement does not apply to:
- Small claims court actions (provided they remain in small claims court and are individual)
- Claims for injunctive relief related to intellectual property rights
- Disputes that cannot lawfully be subject to arbitration under applicable law
10. Survival
This Arbitration Agreement will survive termination of your LifeScribe account or these Terms.
11. Severability
If any provision of this Arbitration Agreement is found unenforceable, the remaining provisions will remain in full effect, except that if the Class Action Waiver is found unenforceable as to any particular claim, that claim shall be severed and proceed in court while the remaining claims proceed in arbitration.
12. Contact
Questions about arbitration? Email hello@trylifescribe.com.