Terms of Service
Terms of Service
Please take the time to read these terms and conditions (we will call them the “Terms”) because they govern your use of LockAwayFullService.com and your use of all of the services provided by Lock Away Full Service, LLC, a Texas limited liability company (“Lock Away”, “our” or “we”). You (and we) are bound by the terms of this Agreement.
When you store stuff with us, you will enter into one or more “Orders” with Lock Away, which may be submitted online or in hard copy. Orders are not binding on Lock Away until you received a signed copy back from us (the signature may be electronic). Your Orders will include details on pricing and specify what you are storing with us. Your Orders along with these Terms will be your warehouse receipt.
Finally, throughout this Agreement, we will be referring a lot to all your stuff that you store with Lock Away (“Your Stuff”). To keep things short, sweet and clear, when we need refer to any individual box, bin, oversized item, or piece of furniture (i.e., not all Your Stuff, but one individual container or item) that we are storing for you, we’ll call each of those a “Box”.
YOUR USE OF LOCK AWAY
While corporate accounts for Lock Away are available, individual users must be real live natural persons over the age of eighteen (18) years and you can’t be using Lock Away for someone else. If you are interested in a corporate account, please contact us immediately because you will need to sign additional or amended terms. You must be the owner of all property that you store with us. No one else can have an ownership interest in the property. In executing this Agreement, you represent (or “warrant”) that you are the sole owner of the property to be stored with us.
MILITARY SERVICE STATUS
It’s very important that we have a record if you are in the Military, because there are special procedures applicable to storage for active duty service personnel. Here, “Military” means (i) a member of the US Army, US Navy, US Air Force, US Marine Corps, or US Coast Guard who is on active duty status (including reservists who are called on active duty) or who is absent from duty as a result of being wounded or being granted leave, (ii) a member of the National Guard who has received a specific type of activation orders, or (iii) an active service commissioned officer of the Public Health Service or the National Oceanic and Atmospheric Administration.
If you are in the Military, you must also immediately notify Lock Away of changes in your Military status or assignment resulting in changes to your email address, mailing address, phone number or other contact information you previously provided to Lock Away. If you are not currently in the Military, but become a member of the Military after executing this Agreement, you must notify Lock Away in writing within thirty (30) days of becoming a member of the Military and provide your new/updated contact information. Of course, we do not expect you to provide us with information about confidential or classified field locations.
Lock Away is a local service, and the way that we pick up, store, and deliver Your Stuff will depend on the locations where we pick up Your Stuff (your “Local Service Area”) and the locations where we deliver it back. Your Local Service Area is determined by the US Postal code of the address where we pick up your stuff.
The services offered and operating hours may vary by Local Service Area at the sole discretion of Lock Away. In addition, Lock Away may contract with a 3rd party to offer some of its services on the behalf of Lock Away in certain Local Service Areas. Your Local Service Area will impact the prices Lock Away charges for its services. You may request delivery of Your Stuff to a location that is not in your Local Service Area, but this may affect your pricing and delivery options. We will communicate these changes to you before we deliver Your Stuff. You understand and agree that Lock Away is under no obligation to store Your Stuff in a specific location.
All content included on Lock Away (and the software that runs it) is the property of Lock Away or Lock Away’s licensors or other content suppliers. There are copyright and trademark and other laws that apply to protect that content.
We own or license all content on our website (everything) including any trademarks, service marks, or logos. We reserve all our rights (so your rights are those expressly named for you). You may not use (in any fashion, where use is interpreted as broadly as possible) content on Lock Away without the express prior written consent of the respective owners.
We grant you a limited nonexclusive, non-transferable, non-sublicensable right solely to display and view content on Lock Away for personal, non-commercial use. Other than fair use, other uses are prohibited without express consent.
THINGS YOU CAN’T DO TO/WITH LOCK AWAY
No page-scraping, spidering, or other automated access (or equivalent manual process) is allowed. This means you can’t copy or monitor Lock Away, or bypass or circumvent Lock Away’s navigation or structural presentation. No poking around looking for stuff we didn’t expressly make available.
You agree you won’t try to hack our systems, like by trying to gain unauthorized access to any part of Lock Away, or to any other systems or networks connected to Lock Away or to any Lock Away server. This includes hacking, phishing, cracking, or any other illegitimate means.
You agree you won’t try to scan or test the vulnerability of Lock Away, try to breach our security or authentication measures, or generally try to bypass our security.
You also agree to leave other users alone: no attempts at cross-site scripting, IP tracing, reverse look-up, or other mechanism to obtain information on any other user of or visitor to Lock Away.
You agree not to do anything that could impose an unreasonable or disproportionately large load on Lock Away or the systems it is connected to and runs on.
Lastly, no manipulation of raw TCP/UDP streams or similar manipulation at the bit level. No forging headers. No attempts to disguise the origins of messages or packets. No calling our headquarters and pretending to be someone else.
Lock Away reserves the right to bar any of the activities we have listed here.
WHAT HAPPENS WHEN YOU BREAK THE RULES
You are responsible for everything you do involving Lock Away. To the fullest extent permitted by law, you agree to indemnify, defend, and hold us harmless (and all of our employees, affiliates, directors, officers, or anyone else we promise to similarly hold harmless) from all liabilities, losses, damages, claims, and expenses, including reasonable attorneys’ fees, that arise from: (i) violation of our Terms, Storage Rules, or Privacy Principles, or (ii) the items you store with us.
Lock Away may terminate your account at any time, with or without cause. If we terminate your account without cause, such termination will be subject to 15 days advance written notice (unless you waive your rights to such notice). In these circumstances, we will refund the applicable pre-paid monthly fees and arrange for delivery of your items back to you at our expense.
If we terminate your account for cause (such as violation of our Terms, Storage Rules, or Privacy Principles), we will notify you of the termination, and you will have 30 days to arrange for transport of your items at your cost via Lock Away, subject to our then current pricing. Notwithstanding our lien law rights, in the event that we reasonably believe there is an exigent circumstance or other risk to Lock Away or the property of other customers of Lock Away, we may terminate your account immediately and return Your Stuff to you at your expense, including potentially placing Your Stuff in quarantine at your cost.
CANCELLING YOUR ACCOUNT
You can terminate your account at any time by calling us at (210) 876-2777 or sending written notice to [email protected] (Any fees for delivery or a minimum storage term will still apply). You must arrange for and pay the costs (as set out in this Agreement) of getting Your Stuff back to you. (Due to the nature of the full-service storage solution, you can’t just come down and pick stuff up.) You must continue to pay us your full storage charge each month until all of Your Stuff has been returned to you. We hope you don’t cancel, but if you do, cancel within 10 days of the end of your monthly Billing Cycle and make sure all your items are gone by the last day of your monthly Billing Cycle (i.e., the day before your monthly anniversary storing with Lock Away).
If you owe us money, we retain the right to hold onto Your Stuff until you are paid in full, even after cancelation or termination of your account.
YOUR RESPONSIBILITIES, OUR RIGHTS, AND LIMITATIONS ON LIABILITY
We have rules about what you may or may not store as part of Your Stuff. Those Storage Rules are part of the Agreement. If you are found to be in violation of the Storage Rules, you will be in breach of this Agreement. Lock Away may refuse to store any Box at the sole discretion of Lock Away, even if that Box is not expressly forbidden by the Storage Rules.
While not prohibited, we strongly advise that you should not place into a Box any official personal documents (such as passports, driver licenses, green cards, visas, birth or marriage certificates, etc.) or anything that contains personally identifiable information, such as date of birth, social security number, mortgage number, or a bank account number. This is not an exclusive list of personally identifiable information. Basically, do not put anything into the Box that contains information that can be used to steal someone’s identity or a document that you may urgently need at a moment’s notice. By executing this Agreement, you understand and agree that if you go ahead and store official documents or items containing personally identifiable information in a Box, to the fullest extent permitted by law, you waive all rights and claims against Lock Away arising in any way from storing these things with Your Stuff.
Our Storage Rules specifically mention the storage of fragile items. Regardless of how well you pack a Box, it will be moved around. It might be jostled at times. As such, you should not store fragile items in the Box. However, we will not consider the storage of fragile items to be a breach of this agreement, but you understand and agree that if you store fragile items in a Box, you waive all rights and claims against Lock Away should your fragile stuff break or otherwise be damaged.
PACKING YOUR STUFF
You are responsible for safely and securely packing your items into each Box (or otherwise protecting it with packing supplies and moving blankets). This includes packing your items so that they will not be damaged during transit and storage. You understand that the Box will be moved from time to time in connection with deliveries or as may be needed for its storage. By having us pick up (or by sending us) a Box, you are making the statement (i.e., you “represent and warrant”) that the Box has been packed appropriately. You agree that Lock Away is not responsible for any damage caused by or arising from your failure to properly pack the Box.
We will provide bins for you to use to pack Your Stuff, free of charge. When your account is terminated or cancelled, you will have 30 days to return the bins. If the bins are not returned within that time, we will charge you $25 per bin.
PICK UP AND DELIVERY APPOINTMENTS
It is your responsibility to be home (or at the designated location of your appointment) to give us or receive Your Stuff when you request a Lock Away appointment (in any form). Fees for late appointment cancellations and no shows will be assessed at our then current rates.
One pick-up or delivery fee is included in your monthly fee. This does not include deliveries of large furniture or deliveries that require more than one individual with one vehicle to complete. For these large-scale deliveries and any additional pick-ups or deliveries in a month, you will be charged at our then current rates. In certain locations, you may deliver Your Stuff to our storage facilities during our normal business hours instead of scheduling a pick-up. Please contact us at (210) 876-2777 for a current list of locations accepting customer deliveries.
You can request a delivery of any or all of Your Stuff by logging into your account at mystuff.lockaway.wpengine.com and following the prompts to request a delivery or by calling us at (210) 876-2777.
Lock Away may use subcontractors and/or third parties to help perform any Lock Away obligations or services under these Terms. This means we may use third party moving companies to help with pick-ups and deliveries and or various other vendors to assist with logistics with respect to Your Stuff. You may be required to sign a separate agreement with a third party moving company and in such case, your agreement with that company will control for any damages incurred while Your Stuff is with them or caused by their actions.
CHANGE OF ADDRESS
In the event your e-mail address or residence address changes, you must promptly notify us. We are not responsible if you don’t receive a notice from us because your address changed and you did not notify us.
RIGHT TO ENTER, INSPECT AND MOVE YOUR STUFF
Lock Away will take photos of Your Stuff unless you ask us not to. To do this, we will open your Box(es), but we will not remove any items from the Box(es) to take the photo. Other than providing that service, Lock Away does not intend on accessing any of your Boxes. However, Lock Away reserves the right to open and inspect any Box in the event of an emergency, suspected criminal activity, suspected storage of prohibited goods, or upon your default under this Agreement. Should Lock Away receive a search warrant from a governmental agency, we may, without incurring any liability to you, immediately open the relevant Box(es), allow your Box(es) to be searched, and, if applicable, the contents to be seized. Should Lock Away receive a subpoena, or a law officer or governmental agency requests documents or information about Your Stuff, you agree that we may provide such information or documents without incurring liability to you.
After picking up Your Stuff, we will store Your Stuff at a Lock Away facility; however, you acknowledge and agree that at any time while you are storing Your Stuff with Lock Away, we shall have the right, at our sole discretion, to move Your Stuff to another one of our facilities in the continental United States. Any decision by Lock Away to move Your Stuff will not affect your financial obligations to us during the course of your time storing with Lock Away.
TEMPERATURE & CLIMATE CONTROL
We will use commercially reasonable efforts to maintain “Climate Control” in the facility where Your Stuff is stored, but Your Stuff may be stored for up to one week in an environment that is not climate controlled to coordinate a pick up or delivery. “Climate Control” means that in an effort to avoid temperature extremes, the facility will be warmer than the outside temperature in cold weather and cooler than the outside temperature in hot weather. We will take all commercially reasonable steps to protect your items from the growth of mold or similar microorganisms. However, we do not make any promises about the humidity in the facilities and cannot guarantee that mold or similar microorganisms may not develop on your property. We are not liable for the natural growth of mold, or mildew or similar microorganisms on your property. You assume the risk that mold or similar microorganisms could develop under these circumstances.
Absent a court order or binding arbitration ruling, Lock Away will not release any of Your Stuff to someone else that claims they own it. However, Lock Away will not “take sides” in a property dispute. If anyone approaches Lock Away directly with a claim that they are the true owner of some or all of Your Stuff, we will provide them with a form to fill out under penalty of perjury that sets out their claim. As part submitting that form, the person claiming ownership of some or all of Your Stuff must agree to indemnify Lock Away and you for all costs that result from their claim if it is wrong, and they must agree to offer you the option to arbitrate (without Lock Away as a party) to resolve the claim, with the loser to pay the winner’s attorney’s fees and costs.
If they agree to these terms, we will provide you a copy of their summary of their claim, along with a form for you to respond to dispute their claims. If you dispute the claims, Lock Away will take no further action — the matter is yours to resolve (although you will now have the option of a loser-pays arbitration). You have 30 days to dispute the claim of ownership. If you do not respond, we will return the disputed property to you, and notify the person claiming ownership that we have done so. By executing this Agreement, you are agreeing that we can bill you for the costs (including internal staff costs) of returning the disputed property.
WHAT HAPPENS WHEN STUFF BREAKS
By executing this Agreement and using Lock Away, you are agreeing that in the event that Your Stuff breaks or go missing, Lock Away’s liability for each Box will be limited to $250, and Lock Away’s total liability will be limited in the aggregate to $2,000 for all Boxes stored with Lock Away (the “Aggregate Limit”). If you wish to increase the limitation of liability on Your Stuff, please contact us at (210) 876-2777 for availability and pricing.
If you store stuff in Lock Away worth more than the per-Box and Aggregate Limit, you do so at your own risk. (You are free to buy your own insurance, and should check because your existing homeowner’s or renter’s insurance may cover the damage. If you pay for Lock Away using certain credit cards, you may also be entitled to supplemental benefits from insurance or other protection programs from your credit card company, and so you should call them to check as well).
In the unfortunate event that something breaks or goes missing, Lock Away has a claims process. You need to submit any claims for broken or missing items within 30 days from the date the Box was delivered to you in the event of a broken item, the date you requested the missing item, or the termination of this Agreement; whichever is earlier. If a claim is submitted after this 30 day period, Lock Away is not liable for such claim or any related damages. In the case of a damaged item, Lock Away will work with you (and you have to help Lock Away) to collect information about the damage. The process generally takes about five business days from the time we’ve collected all the information (and can add an additional 5-10 business days if the damage occurred while Your Stuff was in the care of a third-party). Once we’ve been able to assess on our end (or in conjunction with a third-party), we will notify you, and make arrangements to credit your account, refund you, or replace the item (depending on the circumstances).
In the case of a missing item, Lock Away first undergoes an extensive search of our records to see if we can locate Your Stuff, and often will need your cooperation to do so. This process can take much longer if Your Stuff was shipped rather than locally delivered, and so our Customer Success Agents will be available to you to provide estimated timelines and status updates as our investigation progresses. If we cannot find Your Stuff, we will engage a similar process to what happens if Your Stuff breaks or is damaged.
LIMITATION OF LOCK AWAY’S LIABILITY; INDEMNITY
To the fullest extent permitted by law, Lock Away and its affiliates, suppliers, employees, managers, representatives, and agents (the “Lock Away Parties”) will have no responsibility to you or to any other person for any loss, liability, claim, expense, damage to property or injury to persons from any cause, including without limitation, Lock Away’s and/or its agent’s active or passive acts, omissions, negligence or conversion, unless the loss is directly caused by Lock Away’s fault. Further, no Lock Away Party will have any liability to you for damages caused by an act of god, including a hurricane.
LOCK AWAY’S LIABILITY FOR A WRONGFUL SALE
Our relationship is one of owner and occupant. If, as a result of your actions or inaction, Lock Away believes it is entitled to enforce its lien on Your Stuff and does so, Lock Away’s liability for wrongful sale as a result of enforcing that lien is limited to the same per-Box and Aggregate Limit as would apply if Your Stuff had broken or gone missing.
To the fullest extent permitted by law, you shall indemnify and hold Lock Away and its agents harmless from any loss incurred by Lock Away and its agents in any way arising out of Your Stuff and your use of Lock Away.
We do not maintain any insurance on your personal property that you can make a claim under. Insurance that applies above the limit of Lock Away’s liability (or when Lock Away is not liable) is your sole responsibility. You have the option of obtaining your own personal coverage for your items stored in Lock Away, and if you do not do so, you understand that Lock Away will not be liable beyond the amounts and conditions in these Terms.
WAIVER OF SUBROGATION
Any insurance carried by us or you is for the sole benefit of the party carrying the insurance. Each party waives its right to make any claim against the other for loss or damage in the event of casualty and will cause its respective insurance policies to be endorsed so as to waive that right of their respective insurers. You expressly agree that the carrier of any insurance obtained by you shall not be subrogated to any claim of you against us. This clause is a specific bargained for condition of this Agreement and we would not have entered into this Agreement without it.
THE SERVICE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF SUITABILITY, MERCHANTABILITY, SECURITY, SAFETY, OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF WARRANTIES SHALL BE VOID TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IN NO EVENT SHALL LOCK AWAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY LICENSORS, OR THIRD PARTY SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY: (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF FORESEEABLE, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF THE GREATER OF (IN THE AGGREGATE) (A) $100.00 OR (B) THE CURRENT VALUE (COST) OF ITEMS DAMAGED OR LOST, CAPPED AT OUR PER-BOX LIABILITY MULTIPLIED BY THE NUMBER OF YOUR BOXES INVOLVED. THESE LIMITATIONS SHALL BE VOID TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
PAYING FOR OUR SERVICES
TERM AND RENT
The period of time that this Agreement is in effect is called the “term.” The term begins when you sign or accept this Agreement and will continue on a month-to-month basis until terminated.
You will pay rent monthly to Lock Away. Monthly rent must be paid in advance on the first day we pick up Your Stuff, and monthly thereafter, or you’ll be subject to a late fee of 1.5%. Monthly rent must be paid in full, without any deductions, without prior notice or prompting from us. (This means we aren’t required to send you an invoice or a billing statement – our job is to worry about Your Stuff; your job is to keep your credit card valid). The monthly rent amount you must pay is the amount stated on your Order, as amended from time to time, plus any applicable sales and other taxes imposed by any taxing authority.
Your monthly “Billing Cycle” is based on the date we (or a third party partner) pick up Your Stuff. So for example, if we pick up Your Stuff on the 5th of the month, your “second month” begins on the 5th of the next month. Each Billing Cycle after that would likewise begins on the monthly “anniversary” of your first pickup. If make changes to Your Stuff during any Billing Cycle, we will adjust your monthly rent for that Billing Cycle on a pro rata basis for the day(s) your Box was in our possession. This means, for example, if you add a Box halfway through the monthly Billing Cycle, you would pay one half the current monthly rent for that Box in the next Billing Cycle.
Conversely, when you remove any Box part-way through a Billing Cycle, you will no longer be charged monthly rent for that Box from the next Billing Cycle onward. However, it also means that you will not get a credit or partial refund of prepaid monthly rent when removing a Box part way through that Billing Cycle.
Your account has a 3-month minimum commitment, and your first 3 months of rent are non-refundable. Or stated in a lawyerly way: Under no circumstances will you be entitled to a refund of the first 3 months’ rent, which will be paid in 3 monthly installments starting upon the initial pick up of Your Stuff.
The monthly rent, amounts and type of other fees and/or charges, may be adjusted by Lock Away effective the month following notice by Lock Away to you specifying the adjustment. Such notice will be given to you at least thirty (30) days prior to the first day on which the adjustment will be effective. (This basically means we can make changes if we give you a 30 day heads up.) Any such adjustment will not otherwise affect other terms of this Agreement and all other terms of this Agreement shall remain in full force and effect.
Lock Away, or another company that we rely on, will save your credit card, debit card, or ACH information and will use it for any future charges. If you want us to stop billing that card or account, you need to notify us through your settings by providing us with details of a replacement card or account. However, we reserve the right to require payment by cash, bank check, or certified check should your account balance go past due.
If we are unable to bill your card, we’ll send you a notice and try again in a few days. Late fees will be charged as soon as the event of late payment or delinquency occurs.
You are required to make all rental payments and other payments in a timely manner. Rent is due on or before the first day of your Billing Cycle, according to this Agreement. If you end up late on your payments, we may accept a partial payment of the rent or other outstanding fee. However, our acceptance of a partial payment does not make up for you being late (legally it does not “cure your default or waive or estop us from pursuing our remedies discussed in this Agreement and at law.”) A partial payment will not release your Boxes from any failure to pay (“default”) under this Agreement. Remember: You will not be able to access your Boxes when you are in default.
DEFAULT; DENIAL OF ACCESS
If you fail to pay rent or other fees on time, it means you are in “default” under this Agreement. You may (at our sole discretion) be denied access to the Box if you fail to pay rent by the due date.
LOCK AWAY’S LIEN; DEFAULT
LOCK AWAY HAS A LIEN UPON ALL PERSONAL PROPERTY STORED BY YOU IN THE BOX FOR OUTSTANDING RENT, TRANSPORTATION, LABOR, OR OTHER CHARGES, PRESENT OR FUTURE, IN RELATION TO THE PERSONAL PROPERTY, AND FOR EXPENSES NECESSARY FOR ITS PRESERVATION, OR EXPENSES REASONABLY INCURRED IN ITS SALE OR OTHER DISPOSITION AS PERMITTED BY APPLICABLE LAW. LOCK AWAY MAY ENFORCE THE LIEN BY SELLING THE PERSONAL PROPERTY STORED BY YOU IN THE BOX AT A LIEN SALE IN ACCORDANCE WITH APPLICABLE LAW. LOCK AWAY WILL PROVIDE YOU WITH DUE AND PROPER NOTICE OF THE LIEN SALE PRIOR TO ITS OCCURRENCE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT SUCH NOTICES MAY BE SENT TO THE EMAIL ADDRESS YOU HAVE PROVIDED TO LOCK AWAY.
CHANGES TO OUR POLICIES
TERMS THAT SURVIVE
Some parts of these Terms will continue to operate even after your account is terminated. All provisions of these Terms that by their nature could reasonably survive termination, shall survive termination, including but not limited to, ownership provisions, warranty disclaimers indemnification obligations ,and limitations of liability.
The failure by you or Lock Away to exercise any right under the Terms shall not form the basis for a waiver of that right.
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remainder shall otherwise remain in full force and effect and enforceable.
Your rights under our Policies are not assignable, transferable or sublicensable without Lock Away’s prior written consent. Lock Away may transfer, assign or delegate its rights and obligations under our Terms without your consent.
CHOICE OF LAW; JURISDICTION
This Agreement and our relationship will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its conflict of laws provisions or your actual state or country of residence. Subject to the arbitration clause immediately below, any claims, legal proceeding or litigation arising in connection with this Agreement, our relationship, or our services must be brought in a court of competent jurisdiction located in Bexar County and you consent to the jurisdiction of such courts. By executing this Agreement, you agree to the choice of law and jurisdiction discussed above.
For all relief other than equitable or injunctive relief, any dispute arising with respect to your use of Lock Away shall be settled by arbitration in accordance with the rules and procedures of JAMS arbitration and mediation service.
The arbitrator shall be selected by joint Agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties and enforceable in any court. The arbitration proceeding shall take place in New York, New York, using the English language.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000 the party requesting relief may elect non-appearance-based arbitration with JAMS. In such event, the arbitration shall be conducted by telephone or by videoconference; the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties; and any judgment on the award rendered by the arbitrator must be entered in a court of competent jurisdiction located in the State of New York.
This clause is a very important part of this Agreement. By executing this Agreement, you agree to the arbitration requirement. If you do not wish to be bound by this clause, do not execute this Agreement.