Messaging Terms & Conditions

General

General. In the interest of resolving disputes between you and eCommerceMD in the most convenient and cost-effective manner, you and eCommerceMD agree that any existing dispute or issue arising out of or related to our messaging terms and conditions, or your receipt of text messages from eCommerceMD or its service providers will be resolved by binding arbitration only. In comparison, Arbitration is less formal than a lawsuit in court. In its process and conduct, Arbitration uses a neutral arbitrator instead of a judge or jury, and it may allow for more limited discovery than in court. In addition to that, arbitrators have the absolute authority to award the same damages and reliefs that are awarded by a court. This categorical agreement to arbitrate disputes includes all issues, claims, and arguments arising out of or in any way related to these Messaging Terms, or your receipts of SMS from eCommerceMD or its trusted service providers whether based in contract, tort, statute, unlawful act, misinformation, or any other legal theory and regardless of when a claim arises. As a user of our messaging service and by agreeing to these messaging terms, you and eCommerceMD are each abandoning every right to a trial by jury or to participate in a class action and that these messaging terms shall be governed by the federal arbitration act only in every situation.

Exceptions

Notwithstanding subsection (1) above, nothing in these detailed Messaging Terms and Conditions will be deemed to waive the right of you or eCommerceMD to (i) submit an individual action in small claims court; (ii) proceed with specific enforcement action through the applicable federal, state, or local agency if that action is available; (iii) look for injunctive relief in aid of arbitration from a court of competent jurisdiction, and lastly (iv) file suit in a law court to address the claim of intellectual property infringement.

Arbitrator

Arbitration between you and eCommerceMD will be governed by the Federal Arbitration Act, Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting ECommerceMD. The arbitrator has absolute authority to resolve disputes relating to the interpretation, and applicability of this compulsory arbitration agreement.

Notice Process

Under any circumstances, if you or ECommerceMD decides to seek arbitration, then it is the foremost responsibility of the party seeking arbitration, that they must send a formally drafted notice of the dispute to the other party by U.S. Mail (termed as “Notice”). ECommerceMD address for Notice is 3030 N Rocky Point Dr. STE 150, Tampa, FL, 33607. The formal Notice must explain in detail: (i) nature and the reasons of the claim or dispute; and (ii) the specific relief sought (“Demand”). If you and eCommerceMD fail to resolve the registered claim directly within the span of 30 days after the Notice is received, then it is required from you and eCommerceMD to proceed with an arbitration process. During the proceedings of arbitration, the settlement offer made by you and or eCommerceMD must not be revealed in any situation to the governing arbitrator, until they make a final decision and settles the award amount.

Fees

If you start off with arbitration according to Messaging Terms, eCommerceMD will compensate you for the filing fee, unless your claim is for more than $100 or as set forth below, in which case the payment of any fees will be decided by the Rules of AAA. If the claim is for $100 or less, you may choose whether the arbitration will be proceeded: (i) only on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) and by in-person hearing as established by the AAA Rules. If from the confirmed resources, the arbitrator finds out that either the substance of your submitted claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as set by the standards of Federal Rule of Civil Procedure 11(b)), then the total payment of all fees will be governed only by the AAA Rules. In this situation, you agree to refund eCommerceMD for all money previously donated by it that is otherwise your responsibility to pay following AAA Rules. Despite the way arbitration is conducted, it is the official responsibility of the governing arbitrator to issue a written decision with all the essential findings, necessary details, and explanations contained therein. You and ECommerceMD collectively agree that the contents of the written decision and all the information perceived during the arbitration process will be kept confidential, excerpt if there is a need to carry out judicial review of the award. It should be noted that the governing arbitrator may resolve disputes concerning the payment, refund, or the relevant expenses during the proceedings, upon any submitted request from your end or eCommerceMD made within the time span of the fourteen days of the arbitrator’s decision.

No Class Actions

It is categorically agreed by you and eCommerceMD that each may register the claim against the other party only in an individual capacity. You are not supposed to bring any claims as a plaintiff or a class member in any representative proceedings. In addition to it – unless you and eCommerceMD agree in a form of a signed document – the governing arbitrator will not integrate more than a single person’s forwarded claim, and therefore will not govern any other class proceeding in any case.

Modifications to Arbitration Provision

If any future changes are made by eCommerceMD except the address for Notice, you have the option to reject such changes by sending us a formally drafted notice within 30 days of the change registered. However, in such a situation, this particular arbitration provision will continue to govern the disputed matter between and ECommerceMD whatsoever.

Enforceability

If the governing arbitrator decided that imposed law prohibits the enforcement of any of the limitations of section (7) mentioned above (representative, combined proceedings, and the addressing class) must be detached from the arbitration proceeding and brought to a court instead. If any other clause of messaging terms is found to be unenforceable, the particular clause will be considered stricken, and the remaining clauses of the messaging terms will function completely.