Please read this section carefully
It requires arbitration of certain disputes and waives the right to a jury trial or class action.
This section forms part of PoolSpace's Terms of Service.
Before initiating arbitration or court proceedings, you and PoolSpace agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to the Services or these Terms (Dispute) through good-faith informal negotiations.
To initiate informal resolution, send written notice describing the Dispute to:
The parties agree to attempt to resolve the Dispute within thirty (30) days of written notice before initiating formal proceedings.
If the Dispute is not resolved informally, it shall be resolved exclusively through final and binding arbitration.
- The arbitration shall be administered by the American Arbitration Association (AAA).
- It shall be conducted under the AAA Consumer Arbitration Rules.
- It shall be conducted in English.
- It shall take place in Delaware, United States, unless otherwise agreed.
Arbitration may be conducted in person, by video conference, or based solely on written submissions where appropriate.
The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this arbitration agreement. Judgment on the award may be entered in any court of competent jurisdiction.
To the fullest extent permitted by law, all Disputes must be brought in an individual capacity. You waive any right to participate in a class action, collective action, consolidated action, or representative proceeding.
The arbitrator may not consolidate claims or preside over any form of representative proceeding. If this class action waiver is found unenforceable, the entire arbitration provision shall be void.
To the fullest extent permitted by law, you and PoolSpace waive the right to a trial by jury in any proceeding arising out of or relating to these Terms or the Services.
Nothing in this section prevents either party from bringing an individual claim in small claims court if eligible, or PoolSpace from seeking injunctive or equitable relief in a court of competent jurisdiction to prevent fraud, platform misuse, intellectual property infringement, or unlawful activity.
You may opt out of this arbitration agreement by sending written notice within thirty (30) days of first accepting these Terms to:
Your notice must include your full name and email address associated with your account. If you opt out, neither party will be required to arbitrate disputes.
Any claim arising out of or relating to the Services must be filed within one (1) year after the cause of action arises, unless a longer period is required by applicable law.
This Dispute Resolution section and any arbitration shall be governed by the Federal Arbitration Act (FAA) and the laws of the State of Delaware, without regard to conflict-of-law principles.
This Dispute Resolution provision survives termination of your account and continued use of the Services.