C. Initiating an Arbitration and the Arbitration Process:
Either you or LaserAway may initiate arbitration proceedings. To begin an arbitration proceeding, you must request an arbitration in writing to be sent to LaserAway describing the nature of your claim, and remedies sought. The written request must be sent via email to [email protected] with "Arbitration Request" in the subject line.
You may also contact us by mail at:
10100 Santa Monica Blvd., Suite 430
Los Angeles, CA 90067
An arbitration action must be initiated and/or demanded within the applicable statute of limitations. The arbitration will be conducted before a single arbitrator. The arbitrator shall have the power to rule on their own jurisdiction, including any
objection with respect to the existence, scope or validity of the arbitration
agreement or to the arbitrability of any claim or counterclaim. The arbitration will be an individual arbitration, and shall in no event be commenced as a representative or class arbitration. Each party to the arbitration shall pay such party's pro rata share of the expenses and fees of the arbitrator, together with expenses of the arbitration incurred, not including counsel fees or witness fees, or any other expenses incurred by such party for such party's own benefit.
Arbitration shall be before either (1) JAMS (formerly known as Judicial Arbitration and Mediation Services), www.jamsadr.com; or (2) the American Arbitration Association ("AAA"), www.adr.org. If you initiate arbitration, you shall have the choice as between these two arbitration forums. If LaserAway initiates arbitration, it shall have the choice as between these two arbitration forums. The rules for each of these two forums are available on their respective websites or by calling their phone numbers noted below. Payment of all filing, administration and arbitrator fees will be governed by the rules of forum selected.
* For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267.
* The AAA rules are available at www.adr.org or by calling 1-800-778-7879.
You and LaserAway agree this Agreement shall be governed by the
laws of the State of California. You can bring an arbitration action in either
California or in the state where you live if JAMS and/or AAA are
available in that state. In the event that LaserAway initiates an arbitration, it
will only do so in the state where you live before either JAMS or AAA, unless
there is no JAMS or AAA in your state, in which case LaserAway may initiate the
arbitration in California.
If required for the enforceability of this Agreement under the Federal Arbitration Act, LaserAway will pay all arbitrator's costs and expenses. If not, those costs will be paid as specified in the above-referenced rules.
You can bring the arbitration in either California or in the state where you live if there is a JAMS or AAA in that state. In the event that LaserAway initiates an arbitration, it will only do so in the state where you live before either JAMS or AAA, unless there is no JAMS or AAA in your state, in which case LaserAway may initiate the arbitration in California.