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Last updated January 29, 2023
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If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website: http://www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Placer, California. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
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If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
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ADA Consultant Services
371 Nevada Street, #5338Auburn, CA 95603United States
Do you think there may be potential ADA (Americans with Disabilties Act) access issues or violations at your business or property? Our Free Exterior Audit is the best way to get started ensuring your business is compliant.
It only takes filling out a simple form to get started.
Our consultation services include reviews of construction plans for both business and residential properties to ensure the plan meets ADA requirements.
Fill out this form to request a quote for an ADA Evaluation or Formal Inspection for both private and publicly funded buildings and facilities in order to verify compliance with provisions of the ADA and CBC. Once you fill out this form, we will promptly contact you to identify your needs. Our team will prepare a quote of our recommended services.
We provide litigation support services and expert witness testimony on public accommodation accessibility required to comply with ADA, California Building Code requirements, UFAS and FHA requirements. Our clients include attorneys, district attorneys, property owners and developers. Please see the About section for information about Cris Vaughan including his CV and Professional History.
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Call us at: +1 888-760-3853
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We help business and property owners with ADA in every county in California. Call us today to learn how we can help you avoid an ADA lawsuit.
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