By agreeing to our Terms and Conditions, you agreed that any disputes arising between you and StarStuded, Inc. (â€œCompanyâ€) would be resolved exclusively via the Arbitration Procedures detailed below.
Arbitration is a legally-binding alternative to litigation where a neutral party hears and decides the partiesâ€™ dispute. It is designed to provide parties with a fair hearing in a manner that is faster and less formal (and less costly) than court proceedings.
Please note that we are always interested in resolving disputes amicably and efficiently. We suggest that before initiating arbitration proceedings, you contact us to explain your complaint. You can always contact us through the information on our Contact Page at starstuded.com/contact .
The administrator for any arbitration proceeding between you and Company is JAMS, an organization that is not affiliated with Company. JAMS facilitates, but does not itself conduct, the arbitration. The arbitrator who will hear and decide your dispute (â€œArbitratorâ€) will be chosen from the JAMS’s roster of neutral arbitrators. For information on JAMS, please visit its website, https://www.jamsadr.com. Information about JAMS’s rules and fees for resolving disputes can be found at JAMSâ€™s Streamlined Arbitration Rules & Procedures page, https://www.jamsadr.com/rules-streamlined-arbitration/.
The arbitration will be governed by JAMSâ€™s Streamlined Arbitration Rules & Procedures (â€œJAMS Rulesâ€), as modified by these Arbitration Procedures. If there is any inconsistency between the JAMS Rules and these Arbitration Procedures, the Arbitration Procedures will control. However, if the Arbitrator determines that strict application of any term of the Arbitration Procedures would result in a fundamentally unfair arbitration (the “Unfair Term”), then the Arbitrator shall have authority to modify the Unfair Term to the extent necessary to ensure a fundamentally fair arbitration that is consistent with these Arbitration Procedures (the â€œModified Termâ€). In determining the substance of a Modified Term, the Arbitrator shall select a term that comes closest to expressing the intention of the Unfair Term.
To commence an arbitration, you must complete a short form provided by JAMS and submit it to the JAMS website and send a paper copy to Company at the following address: 2929 Arch Street Suite,1700 Philadelphia, Pennsylvania, 19104. To view and download the necessary form, please visit the JAMS website at: https://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf. You may represent yourself in the arbitration or have a lawyer (or some other representative) act on your behalf. Upon receipt of an arbitration claim, Company may assert any counterclaims it may have against the complaining party.
You are responsible for paying your portion of the fees as set forth in the JAMS fee schedule for consumer disputes, available at: https://www.jamsadr.com/arbitration-fees. Company will pay all remaining fees, except to the extent that fees paid by either party may be re-allocated upon order of the Arbitrator following a determination that (a) the other partyâ€™s claim or counterclaim was filed for purposes of harassment or was frivolous, (b) the other party engaged in activities during the course of the arbitration for the purposes of harassment or to cause unnecessary costs or delay, or (c) re-allocation is permitted by applicable law.
If your claim against Company is for less than $1,000 and your claim succeeds on its merits, we will pay all fees, subject to the potential re-allocation discussed in the prior sentence. If you are a California resident and you believe that you cannot afford the JAMS fee, you have the opportunity to request a JAMS fee waiver as part of your demand for arbitration form.
Each party may request relevant, non-privileged documents from the other party. Further, each party may request that the other party provide the particulars of its claims or responses to up to five (5) relevant interrogatories, including subparts.
Any such discovery requests must be served on the other party within ten (10) days after the Arbitratorâ€™s appointment. The responding party shall provide the requesting party with all responsive, non-privileged documents, responses to the requested interrogatories, and/or any objections to the requests within thirty (30) days after receipt of the requests.
In the event of an objection to any discovery request, the objecting party shall not be required to provide any documents or interrogatory responses within the scope of the objection until the later of (a) thirty (30) days after the Arbitrator resolves the dispute or (b) a deadline for production determined by the Arbitrator.
In the event either party requests that the Arbitrator consider a dispositive motion prior to the expiration of a response deadline set forth in this paragraph, such response deadline shall be extended up to thirty (30) days following (a) the Arbitratorâ€™s decision on the request to hear the dispositive motion, or (b) if the Arbitrator grants the request to hear the dispositive motion, the Arbitratorâ€™s final decision on such dispositive motion.
Depositions shall not be permitted unless agreed to by both parties. Any disputes about discovery or requests for extensions shall be submitted promptly to the Arbitrator for prompt resolution. In ruling on any discovery dispute or extension request, the Arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort that would be involved in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defense.
Communications with the Arbitrator
Whenever communicating with the Arbitrator, the parties must include each other â€“ for example, by including the other party on a telephone conference call and copying the other party on any written submissions, such as letters or emails. To the extent practicable, conferences with the Arbitrator will take place by telephone conference call or email. Ex parte communications with the Arbitrator are not permitted.
Requests for Confidentiality
Upon either partyâ€™s request, the Arbitrator shall issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted filing of confidential information must be done under seal.
Generally, the parties will submit the dispute to an Arbitrator for an award based on written submission and other evidence. Either party may request an oral hearing only if it makes a written request for such a hearing within ten (10) days of the appointment of an Arbitrator. Failure to make a written request within that time period constitutes a waiver to an oral hearing.
The Arbitrator has the authority to consider dispositive motions without an oral hearing if it determines that such a motion is likely to succeed and will dispose of or narrow the issues in the case. Dispositive motions may only be requested under the following circumstances: (a) within thirty (30) days after appointment of an Arbitrator, and (b) no later than thirty (30) days before an oral hearing, a party may request to file a dispositive motion for summary judgment based on the pleadings and evidence submitted.
The Arbitrator will render a written decision within thirty (30) days after any rebuttal or supplemental statements are due. If an oral hearing was held, the Arbitrator will render a written decision within thirty (30) days after the hearing. The written decision must clearly specify the relief awarded, if any, and contain a brief statement of the reasons for the award.