Arbitration and Dispute Resolution Terms Applicable to MOBO Members
If you are a MOBO member residing in the United States, then these dispute resolution terms form part of your MOBO Member Agreement and apply to you. Please read these terms carefully
Arbitration or Small Claims Court. Any disputes or claims between you and MOBO shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.
Individual Actions Only. EITHER 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 MOBO 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 MOBO MEMBERS.
Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this agreement. You can find the AAA’s rules, and a form for initiating arbitration proceedings, at ADR.
Location. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or MOBO may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and MOBO (subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant). Attendance at an in-person hearing may be made by telephone unless the arbitrator requires otherwise.
Decisions. The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator is not bound by rulings in prior arbitrations involving different MOBO users but is bound by rulings in prior arbitrations involving the same MOBO user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Fees. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules except as expressly stated otherwise. If the value of the relief sought is $10,000 or less, at your request, MOBO will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by MOBO should be submitted by mail to the AAA along with your Demand for Arbitration, and MOBO will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you can demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, MOBO will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If the arbitrator determines that your claims are frivolous, you agree to reimburse MOBO for all fees associated with the arbitration paid by MOBO on your behalf that you otherwise would be obligated to pay under the AAA’s rules.
Severability. Except with respect to the paragraph headed “Individual Actions Only”, if a court decides that any part of these dispute resolution terms are invalid or unenforceable, the other parts of the dispute resolution terms shall still apply. If a court decides that any provision in the paragraph headed “Individual Actions Only” is invalid or unenforceable, then these dispute resolution terms shall be null and void; even in that case, the section of the member agreement titled “Governing Law; Dispute Resolution” shall remain in effect.
Opting Out. You can reject the arbitration provision by mailing or emailing us a written opt-out notice. Your opt-out notice must be postmarked or emailed no later than 30 days after the date you accept the member agreement for the first time.. You must mail the opt-out notice to IWIA, LLC, _____________________________________, attn: Legal, or by email to legal@MOBO.com. The opt-out notice must state that you do not agree to arbitration and must include your name, address, phone number, and the email address(es) used to log in to the MOBO account(s) to which the opt-out applies. You must sign the opt-out notice for it to be effective, which means that if you send it by email, you must send it as an attached document that includes your signature. This procedure is the only way you can opt out of arbitration. If you opt out of arbitration, all other provisions of the member agreement apply.