PLEASE READ CAREFULLY
EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
11.1 You agree that any disputes will be resolved through binding arbitration rather than in court. You waive the right to a jury trial. Rights available in court, such as discovery or appeal, may be limited or unavailable in arbitration.
11.2 You may only bring claims in your individual capacity, not as a plaintiff or class member in any class or representative proceeding. The arbitrator may not consolidate claims or preside over class proceedings.
11.3 You and the Company agree to arbitration as the exclusive form of dispute resolution for all disputes arising from these Terms, the Service, or the Privacy Policy, unless you are in a jurisdiction that prohibits mandatory arbitration.
11.4 Arbitration is a less formal alternative to litigation. A neutral arbitrator (not a judge or jury) resolves the dispute, with more limited discovery and very limited court review.
11.5 A party seeking arbitration must first send a written Notice of Intent to Arbitrate to the other party. The Notice to the Company must be sent to: 10316 Sepulveda Blvd 104 Mission Hills CA 91345 (the "Arbitration Notice Address"). The Notice shall describe the claim and set forth the specific relief sought. If the parties cannot reach agreement within 30 days, either party may commence arbitration or file in small claims court.
11.6 The American Arbitration Association ("AAA") will exclusively administer the arbitration in accordance with its Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes, as modified by these Terms.
11.7 If you commence arbitration, you must provide a second Notice to the Company within seven (7) days. Unless your demand is $1,000 or more or was filed in bad faith, we will reimburse your filing fee upon receipt of the second Notice with proof of payment.
11.8 The arbitration shall be conducted in English. The process will be conducted online or based on written submissions. No personal appearance is required unless mutually agreed in writing. Any judgment on the award may be entered in any court of competent jurisdiction.
11.9 YOU AND THE COMPANY MAY ONLY BRING CLAIMS IN YOUR INDIVIDUAL CAPACITY. THE ARBITRATOR MAY NOT CONSOLIDATE MULTIPLE PERSONS' CLAIMS OR PRESIDE OVER ANY CLASS PROCEEDING. IF THIS PROVISION IS FOUND UNENFORCEABLE, THE ENTIRE ARBITRATION SECTION SHALL BE NULL AND VOID.
11.10 The arbitrator has exclusive authority to resolve disputes regarding interpretation, validity, or enforceability of these Terms and this arbitration provision.
11.11 The arbitrator will issue a final confidential decision within 120 days of appointment, extendable by 30 days for good cause. All proceedings are confidential. The award will be in writing with stated reasons. The U.S. Federal Arbitration Act governs this Section.
11.12 This Section does not apply to claims seeking equitable relief to protect copyrights, trademarks, patents, or other intellectual property.
11.13 Any claim must be initiated with the AAA within one (1) year after accrual. Otherwise, it is permanently barred. This period includes the 30-day pre-dispute procedure.
11.14 All claims must be resolved per this Section. Claims filed contrary to it are improperly filed. The Company may recover attorneys' fees for improperly filed claims after written notice.
11.15 If we materially change this arbitration provision, you may reject the change by written notice to our Arbitration Notice Address within 30 days, in which case your account and license terminate immediately.
11.16 If this Section is found unenforceable, the exclusive jurisdiction described in Section 12 shall govern.
11.17 YOU UNDERSTAND THAT YOU WOULD HAVE HAD THE RIGHT TO LITIGATE IN COURT WITH A JUDGE OR JURY. HOWEVER, YOU AGREE TO HAVE CLAIMS DECIDED INDIVIDUALLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION.
11.18 YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS OF FIRST USE BY WRITING TO support@blastvpn.org OR TO THE ARBITRATION NOTICE ADDRESS. YOUR OPT-OUT MUST BE SIGNED AND CONTAIN SUFFICIENT IDENTIFYING DETAILS.