please read the following section carefully because it requires you to arbitrate certain disputes and claims with Rocket Focus and limits the manner in which you can seek relief from us.
I. Binding Arbitration.
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Claims”) arising out of or related to a violation of Section 4: “User Conduct” or Lawsuits in which any party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Rocket Focus agree to (1) waive your and Rocket Focus’s respective rights to have any and all Claims arising from or related to these Terms, or the websites, Content or Products, resolved in a court, and (2) to waive your and Rocket Focus’s respective rights to a jury trial. As an alternative, you and Rocket Focus agree to arbitrate Lawsuits through binding arbitration (which is the referral of a Claim to one or more persons charged with reviewing the Claim and making a final and binding determination to resolve it instead of having the Claim decided by a judge or jury in court).
II. No Class Arbitrations, Class Action Suits, or Representative Actions of Any Kind.
You and Rocket Focus agree that any Claim arising out of or related to these Terms or Content or Products is personal to you and Rocket Focus and that such Claim will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Rocket Focus agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Claim as a representative of another individual or group of individuals. Further, you and Rocket Focus agree that a Claim cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
III. Federal Arbitration Act.
You and Rocket Focus agree that these Terms affect interstate commerce and that the enforceability of this Section shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
IV. Informal Dispute Resolution Notice Requirement.
You and Rocket Focus agree that each party will notify the other party in writing of any arbitratable or small claims Claim within forty (40) days of the date it arises, so that the parties can attempt in good faith to resolve the Claim informally. Notice to Rocket Focus shall be sent by certified mail or courier to Rocket Focus Attn: Hancock Research Group LLC, 110 E Houston St. 7th Floor, San Antonio, Texas 78205. Your notice must include (1) your name, postal address, telephone number, the email address you use or used for your Rocket Focus account and, if different, an email address at which you can be contacted, (2) a full description in reasonable detail of the nature or basis of the Claim, and facts that make up the bases of your Claim; and (3) the specific relief which you are seeking. Our notice to you will be sent electronically and will include (1) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Claim (2) a description in reasonable detail of the nature or basis of the Claim, and (3) the specific relief that we are seeking. If you and Rocket Focus cannot agree how to resolve the Claim within thirty (30) days after the date notice is received by the applicable party, then either you or Rocket Focus may, as appropriate and in accordance with this Section, commence an arbitration proceeding or, to the extent specifically provided for in Section 9(I), file a claim in court.
V. Arbitration Process.
Except for Claims arising out of or related to a violation of User Conduct or Claims in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Rocket Focus agree that any Claims must be commenced or filed by you or Rocket Focus within one (1) year of the date the Claim arose, otherwise the underlying claim is permanently barred (which means that you and Rocket Focus will no longer have the right to assert such claim regarding the Claim). You and Rocket Focus agree that: (1) any arbitration will occur in the State of Texas County of Harris; (2) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference; and (3) that the state or federal courts of the State of Texas and the United States, respectively, sitting in the State of Texas, County of Harris, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Claim in the small claims court located in the county of your billing address if the Claim meets the requirements to be heard in small claims court.
VI. Arbitrator Authority.
As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have: (1) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Claim, including the determination of whether a Claim is arbitratable; and (2) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
VII. Judicial Arbitration and Mediation Services (“JAMS”).
The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
VIII. Opt Out of Arbitration.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section by writing via certified mail or courier to: Rocket Focus Hancock Research Group LLC, 110 E Houston St. 7th Floor, San Antonio, Texas 78205. In order to be effective, the opt out notice must include your full name, email address you use or used through your Rocket Focus account and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 10 below.