Governing Law and Jurisdiction
MANDATORY ARBITRATION AND CLASS-ACTION AND JURY WAIVER
You agree to arbitrate all disputes or claims arising out of or relating in any manner to the Agreement, Fullstack Academy, your enrollment, the program, the content, and courseware (individually any “Claim” and collectively any “Claims”). This agreement to arbitrate (hereinafter “Arbitration Agreement”) is intended to be broadly interpreted. Claims include, but are not limited to: (a) Claims arising out of or relating in any manner to the Agreement, the program, the content, and courseware, including without limitation alleged violations of disclosure or privacy duties under statutory or common law; (b) Claims that arose before the effective date of the Agreement or any prior agreement and (c) Claims that may arise after the termination of the Agreement.
This Arbitration Agreement evidences a transaction in interstate commerce, and the Federal Arbitration Act, 9 U.S.C.A. §§ 1 et seq., governs the interpretation and enforcement of this Agreement. This Arbitration Agreement survives after termination of the Agreement, as set forth above.
A. Notice of Dispute and Pre-Arbitration Procedures.
Notice. A party who intends to pursue a Claim must first send to the other a letter describing the Claim. Any notice of dispute sent to us should be addressed to:
records@fullstackacademy.com. Any notice of dispute sent to You by us shall be sent to the address in our records that is associated with your account at the time the notice of dispute is sent.
The notice of dispute must: (a) describe the nature and basis of the Claim; (b) propose the specific relief sought; (c) state the name and address of the claimant; and (d) include the account number to which the Claim relates. If Fullstack and You do not reach an agreement to resolve the Claim described in the notice of dispute within forty-five (45) days after the notice of dispute is received, You or Fullstack may commence a binding arbitration proceeding by filing a demand for arbitration with the American Arbitration Association or any successor of that organization (“AAA”). A form for initiating arbitration proceedings is available on the AAA's website at adr.org. If the AAA is unwilling or unable to serve as the provider of arbitration or enforce any provision of this Agreement, Fullstack may designate another arbitration organization with similar procedures to serve as the provider of arbitration.
If You or Fullstack attempt to commence arbitration proceedings before providing the requisite notice of dispute, you or Fullstack hereby agree to withdraw the demand for arbitration without prejudice to re-filing it forty-five (45) days after the date on which the premature arbitration demand was first filed. Neither You nor Fullstack shall disclose to the arbitrator the existence, amount, or terms of any settlement offers made by either party until after the arbitrator issues a final award resolving the Claim.
You shall be responsible for paying any and all fees and costs associated with any arbitration You initiate, including without limitation your own attorneys’ fees.
B. Arbitration Procedures.
Rules. The arbitration will be administered by the AAA and governed by the Commercial Arbitration Rules of the AAA (in the case of commercial accounts) and by the Consumer Arbitration Rules of the AAA (in the case of consumer accounts), as modified by this Agreement. The AAA Rules are available online at adr.org or by calling the AAA at 800-778-7879. In the event of any inconsistency between the AAA’s rules and this Agreement, the terms of this Arbitration Agreement shall control.
Proceedings. All Claims shall be determined by one arbitrator. Any Claims and defenses that can be asserted in court can be asserted in the arbitration. The arbitrator shall be entitled to award the same remedies that a court can award, and the arbitrator’s award can be entered as a judgement in a court of competent jurisdiction and enforced as such. Except as provided by applicable law, the arbitrator’s award is not subject to judicial review and cannot be appealed.
Any determination as to whether this Agreement is valid or enforceable in part or in its entirety will be made solely by the arbitrator, including without limitation any issues relating to whether a Claim is subject to arbitration; provided, however, the enforceability of the Class Action Waiver set forth below shall be determined by a court of competent jurisdiction.
If the value of the relief sought (either to You or to Fullstack) is $10,000 or less, Fullstack agree that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the value of the relief sought (either to You or to us) exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Any in-person arbitration hearing will take place in New York City in the State of New York, unless otherwise required by law.
Unless both You and Fullstack agree otherwise, You or Fullstack, as applicable, must bring all related or similar Claims in a single arbitration proceeding. If You or Fullstack later initiate a subsequent arbitration asserting Claims that are related or similar to ones that were raised by such party in a prior arbitration, the AAA or the arbitrator shall either: (i) consolidate the subsequent arbitration with the earlier proceeding if it is ongoing; or (ii) dismiss the subsequent arbitration if it raises Claims that would be barred by applicable law if brought in court. The arbitrator will give effect to statutes of limitation in determining any Claim and may dismiss the arbitration on the basis that the Claim is barred. For purposes of the application of any statutes of limitation, the service on AAA under applicable AAA rules of a notice of Claim is the equivalent of the filing of a lawsuit.
C. CLASS ACTION WAIVER. THE ARBITRATOR MAY AWARD INJUNCTIVE 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. ANY INJUNCTIVE RELIEF MUST BE INDIVIDUALIZED IN NATURE AND CANNOT AFFECT ACCOUNTHOLDERS OTHER THAN THE CLAIMANT. YOU AND FULLSTACK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, OR AS A PRIVATE ATTORNEY GENERAL, OR ON BEHALF OF THE GENERAL PUBLIC. FURTHERMORE, UNLESS BOTH YOU AND FULLSTACK AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
D. WAIVER OF JURY TRIAL. BY AGREEING TO BINDING ARBITRATION, THE PARTIES IRREVOCABLY AND VOLUNTARILY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY AS PERMITTED BY LAW IN RESPECT OF ANY CLAIM. FURTHERMORE, WITHOUT INTENDING IN ANY WAY TO LIMIT THIS ARBITRATION PROVISIONS OF THIS AGREEMENT, TO THE EXTENT THAT ANY CLAIM IS NOT ARBITRATED, THE PARTIES IRREVOCABLY AND VOLUNTARILY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY TO THE EXTENT PERMITTED BY LAW IN RESPECT OF SUCH CLAIM. THIS WAIVER OF JURY TRIAL SHALL REMAIN IN EFFECT EVEN IF THE CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE.
E. Severability. If any provision in this Agreement other than the Class Action Waiver is found to be unenforceable, the remaining provisions shall remain fully enforceable.
F. Right to Opt-Out. You have the right to opt-out of this Arbitration Agreement and it will not affect any other terms and conditions of the Agreement or your relationship with Fullstack. To opt-out, You must notify Fullstack in writing of your intent to do so within thirty (30) days after this Arbitration Agreement was provided to or agreed to by You. Your opt-out will not be effective and You will be deemed to have consented and agreed to this Arbitration Agreement unless your notice of intent to opt-out is received by Fullstack in writing within such thirty (30) day time period. Your notice of intent to opt-out must include the account numbers to which the request applies, must state “I elect to opt-out of the Arbitration Agreement” or words to that effect, and must be sent to the following email address in a timely manner: records@fullstackacademy.com. If You request to opt-out of the Arbitration Agreement, Fullstack will provide a confirmation communication back to You within ten (10) days of receipt of your written notice. If You opt out of this Arbitration Agreement in a timely manner, the following dispute resolution provisions apply:
This Agreement shall be governed by and construed in accordance with the laws of New York and the courts located in New York City shall have the exclusive jurisdiction over any matter relating to, in connection with, or arising out of, this Agreement.
G. Availability of Small Claims Court and Access to Government Agencies.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. This Agreement does not preclude You from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.