As a user of Hicare devices or services, you agree to the binding arbitration agreement set forth below.
Arbitration of Disputes
Any claim or dispute between you and Hicare.net (doing business as Hicare) in any way related to or concerning your customer agreement or the provision of services or products to you shall be submitted to final, binding arbitration before the American Arbitration Association (“AAA”) in the county in which your billing address is located. This agreement to arbitrate also requires you to arbitrate claims against other parties relating to the services or products provided, including suppliers of services and products and our partners and retail dealers, if you also assert claims against us in the same proceeding.
Federal Arbitration Law Applies
You and we acknowledge that the Agreement affects interstate commerce and that the Federal Arbitration Act and Federal Arbitration Law apply to arbitrations under this agreement.
Opportunity to Resolve Disputes
Before instituting arbitration, you agree to provide us with an opportunity to resolve your claim by sending a written description of your claim to us at Hicare.net Inc., 2102 Business Center Drive, Suite 228, Irvine, CA 92612 and negotiating with us in good faith regarding your claim. If we are not able to resolve your claim within thirty (30) days of receipt of your notice, then you or we, instead of suing in court, may initiate arbitration proceedings with the AAA.
The arbitration will be conducted under the AAA’s consumer arbitration rules, which are available by calling the AAA at 800-778-7879 or visiting its website at https://www.adr.org/sites/default/files/consumer_rules_web_0.pdf.
The AAA has a fee schedule for arbitrations. You will pay your share of the arbitrator’s fees and administrative expenses except that your share of the arbitrator’s fees and administrative expenses will not exceed the amount you would have had to pay to file a civil court complaint for your claim. You and we agree to pay our other fees, costs, and expenses, including those for any attorneys, experts, and witnesses.
Limitations on Award
An arbitrator may only award as much and the type of relief as a court with jurisdiction in the place of arbitration that is consistent with the law and this agreement. An arbitrator may issue injunctive or declaratory relief but only apply to you and us and not to any other customer or third party.
As a limited exception to the agreement to arbitrate, you and we agree that you may make claims to small claims court if your claims qualify for hearing by such court.
No Class Actions
You agree that you must assert any claim against Hicare individually and that your claims may not be combined with anyone else’s claims in a class action or any other kind of joint or representative action, whether before a court or an arbitrator. If a court or arbitrator determines that your waiver of any ability to participate in a class or representative actions is unenforceable, the arbitration agreement set forth above will not apply, and you and we agree that such claims will be resolved by a court of appropriate jurisdiction, other than a small claims court.
Limited Time for Bringing Claims
Both you and we agree that no suit, arbitration, or other legal proceeding connected with this agreement or your use of the Hicare product or service may be brought more than one (1) year after the incident giving rise to the claim has occurred.
No Jury Trial
To the maximum extent permitted by law, we and you waive our rights to a jury trial and agree that any claim arising out of or connected with your use of the Hicare devices or service to which the arbitration provisions of this agreement are for any reason held not to apply, will be determined by a judge of the appropriate court.