18. Disputes & Arbitration Agreement
18a. Disputes between Users
Any issues, concerns or disputes arising between any Users such as a Care Seeker and Care Provider or a Care Business and Care Provider including but not limited to: the quality of Care Services provided or not provided or the amount of payment due to the Care Provider, must be resolved directly by and between those parties. eCaregivers will not intervene in disputes between Users, who, as a condition of having access and using the Site agree to indemnify and hold eCaregivers harmless for any claim, issue, controversy or dispute that may arise between them related to use of the Site or related links and third party vendors.
18b. Agreement to Arbitrate
ALL VISITORS AND USERS AGREE THAT, UNLESS THEY OPT OUT IN ACCORDANCE WITH SECTION 18C, ANY AND ALL DISPUTES OR CLAIMS THAT HAVE ARISEN OR MAY ARISE BETWEEN YOU AND ECAREGIVERS.COM OR A ECAREGIVERS.COM AFFILIATE, WHETHER RELATING TO THESE TERMS (INCLUDING ANY ALLEGED BREACH THEREOF), THE SERVICES, THE SITE, OR OTHERWISE, SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN A COURT IN ACCORDANCE WITH THE TERMS OF THIS ARBITRATION AGREEMENT, EXCEPT YOU MAY ASSERT INDIVIDUAL CLAIMS IN SMALL CLAIMS COURT, IF YOUR CLAIMS QUALIFY. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION AGREEMENT.
UNLESS YOU OPT OUT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST ECAREGIVERS ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. ALL USERS AGREE TO NOT ENGAGE IN ANY PUBLIC RELATIONS, SOCIAL MEDIA OR ANY MEDIA OF ANY TYPE TO INCLUDE ANNOUNCEMENTS OF ANY TYPE WHILE IN ARBITRATION.
18c. Opt-Out Procedure
You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice (“Opt-Out Notice”) in accordance with the terms of this Section. The Opt-Out Notice must be postmarked no later than 30 Days after the date you accept these Terms. You must mail the Opt-Out Notice to Best Solutions Company, LLC at 152 Speedwell Avenue Morristown NJ 07960 with a copy to support@eCaregivers.com.
The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and your email address(es) used to log in to the eCaregivers account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, all other eCaregivers Terms will apply.
18d. Scope of Arbitration
The scope of arbitration shall be construed broadly to include any and all claims that a Visitor or User has or might have regarding the Site or any action taken by eCaregivers regarding the User’s account. The scope of arbitration shall apply to all claims now existing, known or unknown, and all future claims.
YOU AND ECAREGIVERS AGREE THAT EACH OF US 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. UNLESS BOTH YOU AND ECAREGIVERS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER ECAREGIVERS USERS.
18e. Arbitration Process
eCaregivers is always interested in resolving disputes amicably and efficiently. So before you commence 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 via email at support@eCaregivers.com
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. 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. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. Decisions by the arbitrator are enforceable in a court and may be overturned by a court only for very limited reasons.
To commence arbitration against eCaregivers, you must complete a short form, submit it to the AAA, and send a written copy U.S. Postal Services mailed with received receipt deliver to Best Solutions Company, LLC at 152 Speedwell Avenue, Morristown NJ 07960 with a copy to support@eCaregivers.com.
For more information, see the AAA’s claim filing page, http://www.adr.org/fileacase
You may represent yourself in the arbitration or be represented by an attorney or another representative. Once we receive your arbitration claim, we may assert any counterclaims we may have against you.
The arbitration will be held in Morris County, NJ if allowed by the process and eCaregivers retains the sole and exclusive right to agree to hold elsewhere should this option be available to eCaregivers by this clause or other procedural process to include the possibility of in a location where you reside or at another mutually agreed location.
If the value of the relief sought is $10,000 or less you or eCaregivers may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and eCaregivers subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or eCaregivers, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of New Jersey, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different eCaregivers Users, but is bound by rulings in prior arbitrations involving the same eCaregivers User to the extent required by applicable law.
18f. Cost of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA’s Rules, unless otherwise provided in this Agreement to Arbitrate. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, eCaregivers will discuss with Arbitrator the possibility of paying some or all or as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous or does not rule in your favor, you agree to reimburse eCaregivers for all fees of all types associated with the arbitration paid by eCaregivers on your behalf that you otherwise would be obligated to pay under the AAA’s rules.
18g. Confidentiality of Arbitration
Both parties agree that all aspects of the arbitration proceeding, and any ruling, decision, outcome, and/or award will be strictly confidential and proprietary to both parties, who agree to treat such information as confidential and proprietary in perpetuity, for the benefit of all parties.
18h. Survivability of the Arbitration Agreement
If a court decides that any term or provision of this Arbitration Agreement other than is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. The remainder of all remaining Terms will continue to apply.
18i. Future Changes to Arbitration Agreement
Notwithstanding any provision in these Terms to the contrary, eCaregivers and Users agree that if we make any changes to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against eCaregivers prior to the effective date of the change. Moreover, if we seek to terminate this Arbitration Agreement from these Terms, such termination shall not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Site, and shall not be effective as to any claim that was filed in a legal proceeding against eCaregivers prior to the effective date of removal.
18j. Governing Law and Jurisdiction
These Terms, and any dispute between you and eCaregivers, shall be governed by the laws of the State of New Jersey without regard to principles of conflicts of law, provided that the New Jersey Arbitration Act shall govern the interpretation and enforcement, the Arbitration Agreement.
