PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
1. Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration Section is referred to in these Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Amplify Exchange, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Service, any advertising, any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and Amplify Exchange are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
2. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND AMPLIFY EXCHANGE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND AMPLIFY EXCHANGE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIMS, EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
3. Pre-Arbitration Dispute Resolution
Amplify Exchange is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at firstname.lastname@example.org. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Amplify Exchange should be sent to AmplifyX Holding Limited 6-10 Suffolk St Dublin 2 Ireland D02NY39 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought. If Amplify Exchange and you do not resolve the claim within 60 calendar days after the Notice is received, you or Amplify Exchange may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Amplify Exchange or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Amplify Exchange is entitled.
4. Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with Irish arbitration rules and procedures, including the Irish Arbitration Act 2010 (collectively, the “Arbitration Rules”), as modified by this Arbitration Agreement. For information on the Arbitration Rules, please visit its website, http://www.irishstatutebook.ie/eli/2010/act/1/enacted/en/html . Information about the Arbitration Rules and fees for consumer disputes can be found at the Arbitration Rules’ consumer arbitration page, http://www.irishstatutebook.ie/eli/2010/act/1/enacted/en/html . If there is any inconsistency between any term of the Arbitration Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Amplify Exchange and you agree otherwise, any arbitration hearings will take place in Dublin 2, Ireland. If your claim is for $10,000 or less, Amplify Exchange agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the Arbitration Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the Arbitration Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the Arbitration Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Amplify Exchange will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Amplify Exchange will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Amplify Exchange will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost- prohibitive. Any payment of attorneys’ fees will be governed by the Arbitration Rules.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (2) titled “Prohibition of Class and Representative Actions and Non- Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (2) titled “Prohibition of Class and Representative Actions and Non- Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.
8. Future Changes to Arbitration Agreement
Notwithstanding any provision in these Terms of Service to the contrary, Amplify Exchange agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending Amplify Exchange written notice within 30 calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
Amplify's Chargeback Policy
In the event a transaction is (a) disputed by the sender, (b) reversed for any reason, (c) not authorized or we have any reason to believe that the transaction was not authorized, or (d) allegedly unlawful, suspicious, or in violation of the terms of our service agreement, the amount of the transaction may be charged back or reversed to your Payment Account (a "Chargeback"). Users will pay Amplify the amount of any Chargeback and any associated fees. Users also agree to assist in the investigation of any transactions processed through the service, while Amplify will work with users to contest Chargebacks associated with cards. A failure to assist may result in an irreversible chargeback. During the period of dispute, Amplify reserves the right to temporarily disable withdraws on your account.