Pre-Dispute Resolution Procedure. Before asserting a claim in any proceeding (including in an individual arbitration or in a small claims proceeding), you and Edgewood Car Rental agree that we shall give the other party written notice of the claim to be asserted 30 days before initiating a proceeding and make a reasonable good faith effort to resolve the claim. If you are intending to assert a claim against Edgewood Car Rental, you must send the written notice of the claim to Edgewood Car Rental c/o Smith and Shapiro Attorneys at Law 3333 E. Serene Ave Suite 130 Henderson, NV 89074 attention Gregory Smith, If Edgewood Car Rental is intending to assert a claim against you, we will send the written notice of the claim to you at your address appearing in our records. NO SETTLEMENT DEMAND OR SETTLEMENT OFFER — USED IN THIS PRE-DISPUTE RESOLUTION PROCESS MAY BE — USED IN ANY PROCEEDING, INCLUDING AS EVIDENCE OR AS AN ADMISSION OF ANY LIABILITY OR DAMAGES (OR LACK THEREOF).
Agreement to Arbitrate. Except as otherwise provided in this dispute resolution provision, in the event of a dispute that cannot be resolved informally through the pre-dispute resolution procedure, you and Edgewood Car Rental agree to arbitrate all disputes and claims, including the interpretation and scope of this provision, and the arbitrability of the dispute or claim.BY AGREEING TO RESOLVE DISPUTES THROUGH ARBITRATION, YOU AND EDGEWOOD CAR RENTAL AGREE TO EACH UNCONDITIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY OR COURT.
Class Action Waiver. YOU AND EDGEWOOD CAR RENTAL AGREE THAT ANY CLAIMS BROUGHT BY YOU OR Edgewood Car Rental WILL BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND WILL NOT BE BROUGHT AS A CLASS, REPRESENTATIVE, COLLECTIVE OR PRIVATE ATTORNEY GENERAL ACTION. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class, representative, or private attorney general proceeding. You and Edgewood Car Rental agree to seek only such relief-whether in the form of damages, an injunction, or other non-monetary relief-as is necessary to resolve any individual injury that either you or Edgewood Car Rental have suffered or may suffer. In particular, if either you or Edgewood Car Rental seek non-monetary relief, such relief must be individualized and may not affect individuals or entities other than you or Edgewood Car Rental. This requirement that claims be brought in binding arbitration only in an individual capacity and not as a representative, private attorney general, or class Customer (“Class Action Waiver”) is non-severable. If the Class Action Waiver is found to be unenforceable, then the entirety of this dispute resolution provision shall be null and void.
Applicable Law and Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial disputes from the American Arbitration Association (“AAA”). As modified by this Contract, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes. For more information on AAA, its rules and procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
Hearings and Decisions. If you are an individual, arbitrations will proceed at a location that the arbitrator selects in the county of your primary residence unless you and Edgewood Car Rental agree otherwise. If you are not an individual person (but are instead, for instance, a partnership, corporation, or other form of entity or non-natural person) (hereafter “Entity Customer”), arbitrations shall proceed at a location that the arbitrator selects unless you and Edgewood Car Rental agree otherwise.
Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction. Further, an arbitrator’s award and any judgment confirming it shall apply only to that specific case and cannot be used in any other case except to enforce the award itself.
Fees and Costs. If you are an individual (and not an entity Customer), in the event that (1) your claim is less than $10,000, and (2) you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Edgewood Car Rental will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation. Edgewood Car Rental also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration. However, Edgewood Car Rental will not pay your share of the arbitration fees if the arbitrator finds that either your claim or the relief sought is frivolous or brought for an improper purpose, as measured by the standards of Federal Rule of Civil Procedure 11(b).
Small Claims, Personal Injury Claims and Vehicle Damage or Loss Claims. The following disputes and claims are exempt from Sections 9.2-9.7: (a) disputes and claims that are within the scope of a small claims court’s authority; (b) disputes and claims regarding personal injury and/or damage to or loss of a vehicle related to your Edgewood Car Rental reservation; and (c) if you are an Entity Customer, disputes over the validity of any party’s intellectual property rights.
Conflicts. In the event of any conflict between this dispute resolution provision and any other dispute resolution provision in any other agreement between you and Edgewood Car Rental, the dispute resolution provision in this Contract shall govern.
Modification of this Provision. Notwithstanding any provision in these this Contract to the contrary, we agree that if Edgewood Car Rental makes any material change to this arbitration provision, including the deletion of this provision, that change will not apply to any dispute that you had already provided Edgewood Car Rental notice of in writing.