Psigenics Dispute Resolution Policy

LAST REVISED: November 13, 2018.

1. Disputes.

In an effort to accelerate resolution and reduce the cost of any dispute, controversy or claim related to, or arising out of or relates to, the Psigenics Terms of Use, any Psigenics Subscription Terms of Use or an application End User License Agreement which incorporated this policy (“Dispute”), you and Psigenics agree to first attempt to negotiate any dispute, controversy, or claim, whether based on contract, tort, fraudulent misrepresentation, statute, regulation, constitution, common law, equity, or any other legal basis, (“Dispute”) (except as set forth in Section 4 below) informally for at least thirty (30) days before initiating any arbitration or court proceeding.

  1. (i) Negotiations will begin upon receipt of written notice by the party bringing the Dispute. Psigenics will send its notice to your billing address if one has been provided and email you a copy to the email address you have provided to us.
  2. (ii) You will send your notice to Psigenics Corporation, PO Box 51330, Albuquerque, NM 87181, Attn: Legal Department.

2. Binding Arbitration.

If a Dispute cannot be resolved through negotiations, either you or Psigenics may elect to have the Dispute (except as set forth in Section 4 below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. You should review this provision carefully. This arbitration provision limits your and Psigenics’ ability to litigate claims in court and you and Psigenics each agree to waive our respective rights to a jury trial.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (the “AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the “FAA”) shall apply to the construction, interpretation, and enforceability of this Agreement notwithstanding any other choice of law provision contained in this Agreement. The arbitrator shall determine the scope and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Commercial Arbitration Rules and, where appropriate, limited by the AAA Consumer Rules. If the arbitrator determines such fees and share of arbitrator compensation to be excessive, Psigenics will pay all arbitration fees and arbitrator compensation. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law. The decision of the arbitrator shall be final and binding on you and Psigenics, and any award of the arbitrator may be entered in any court of competent jurisdiction.

3. Restrictions.

You and Psigenics agree that any arbitration shall be limited to the Dispute between Psigenics and you individually. YOU ACKNOWLEDGE AND AGREE THAT:

  1. (i) A CLAIM BY, OR ON BEHALF OF, OTHER PERSONS, WILL NOT BE CONSIDERED IN, JOINED WITH, OR CONSOLIDATED WITH, THE ARBITRATION PROCEEDINGS BETWEEN YOU AND PSIGENICS;
  2. (ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES;
  3. (iii) YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS FOR ANY CLAIM SUBJECT TO ARBITRATION.

Any dispute regarding the prohibitions in the prior sections shall be resolved by the arbitrator in accordance with this Agreement.

4. Exceptions to Negotiations and Arbitration.

You and Psigenics agree that the following Disputes are not subject to the above provisions concerning negotiations and binding arbitration:

  1. (i) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Psigenics’ intellectual property rights;
  2. (ii) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use;
  3. (iii) any claim for injunctive relief;
  4. (iv) any claim within the jurisdictional limits of the small claims courts.

5. Location of Arbitration.

If you are a resident of the United States, any arbitration will take place at any reasonable location within the United States convenient for you. For residents outside the United States, any arbitration shall be initiated in the County of Bernalillo, State of New Mexico, United States of America. Any Dispute not subject to, shall be decided by a court of competent jurisdiction within the County of Bernalillo, State of New Mexico, United States of America, and you and Psigenics agree to submit to the personal jurisdiction of that court.

6. Governing Law.

  1. (i) Except as expressly provided otherwise, all Disputes shall be governed by and construed under the laws of the United States of America and the law of the State of New Mexico, without regard to choice of law principles.
  2. (ii) The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

7. Severability.

You and Psigenics agree that if any portion of this Dispute Policy is found illegal or unenforceable, such portion shall be severed and the remainder of this Dispute Policy shall be given full force and effect. Any Dispute subject to any such portion of this Dispute Policy shall be decided by the arbitrator.