THIS SECTION OUTLINES YOUR RIGHTS AND OBLIGATIONS REGARDING DISPUTE RESOLUTION. PLEASE READ IT CAREFULLY, AS IT INCLUDES MANDATORY BINDING ARBITRATION. THIS SECTION SHALL BE REFERRED TO AS THE "ARBITRATION AGREEMENT"
For Users in the European Union, United Kingdom, Liechtenstein, Switzerland, Norway, or Iceland. If you reside in the European Union, United Kingdom, Liechtenstein, Switzerland, Norway, or Iceland, any Disputes arising out of or relating to these Terms, including their interpretation, enforcement, or validity, shall be governed by and construed in accordance with the laws of your country of residence. The courts of your usual place of residence shall have exclusive jurisdiction over any Disputes (as defined herein) that are not resolved through the Arbitration Agreement outlined in these Terms.
CALIFORNIA CONSUMER ARBITRATION NOTICE
For Residents of the State of California Only:
Notwithstanding any provision to the contrary in this Arbitration Agreement or the Terms, if you are a consumer residing in California, the following terms shall apply with respect to any Disputes arising out of or relating to your access to or use of the Service, or to these Terms:
Venue:
All disputes between you and us will be resolved exclusively through binding arbitration conducted in the State of California and administered by the American Arbitration Association (AAA) in accordance with its applicable rules. The arbitration shall be held at the AAA offices in San Francisco, California, or at another location in California mutually agreed upon by the parties, or as determined by the AAA to be reasonably convenient for you. Where permitted, the arbitration may also be conducted remotely by video, telephone, or other means in accordance with the AAA Rules and applicable law.
Governing Law:
All arbitration proceedings shall be governed by the substantive laws of the State of California, regardless of any conflicting choice of law provision elsewhere in these Terms.
Right to Void Certain Provisions:
Pursuant to California Civil Code Section 1670.11 (SB 940), any clause that requires arbitration to be held outside California or applies another state’s law to disputes arising within California is voidable at the consumer’s request. If such a provision is voided, the dispute must be adjudicated in California and governed by California law.
Applicability of Arbitration Agreement (California Residents).
Except as expressly modified by this California Consumer Arbitration Notice, all other provisions of the Arbitration Agreement contained in these Terms shall continue to apply in full force and effect. In the event of any conflict between the Arbitration Agreement and applicable California law, the provisions required by California law shall prevail solely for California residents. All remaining provisions of the Arbitration Agreement shall be interpreted and enforced consistent with California law to the maximum extent permissible.
For Users in the United States or Other Jurisdictions.
If you reside in the United States or any other jurisdiction not specifically covered above, any Disputes arising out of or relating to these Terms shall be resolved exclusively through the Arbitration Agreement set forth herein, subject to applicable law. The governing law and venue for arbitration shall be as specified in the Arbitration Agreement, except for California residents, for whom the arbitration will be conducted in accordance with California law and in a venue within California, as outlined in the “California Consumer Arbitration Notice” section of these Terms. All other provisions of the Arbitration Agreement remain fully applicable to California residents to the extent permitted by law.
Notwithstanding the above, the following exceptions apply:
Small Claims Court:
Either party retains the right to bring an individual claim in small claims court for disputes or claims within the jurisdictional limits of such a court.
Injunctive or Equitable Relief:
Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect or enforce intellectual property rights, including copyrights, trademarks, trade secrets, patents, or similar proprietary rights.
AGREEMENT TO WAIVE JURY TRIAL AND CLASS ACTION
BY ACCEPTING THESE TERMS, YOU EXPRESSLY AGREE, AND WE AGREE, TO WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF IS A FUNDAMENTAL COMPONENT OF THIS ARBITRATION AGREEMENT. ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS. YOU ACKNOWLEDGE AND AGREE THAT THIS ARBITRATION AGREEMENT LIMITS YOUR RIGHT TO APPEAL AND OTHER RESOLUTION PROCESSES.
Arbitration Procedure and Applicable Rules
You further agree that all disputes between you and us will be resolved exclusively through binding arbitration before a single, neutral arbitrator, administered by the American Arbitration Association (“
AAA”) under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “
AAA Rules”) then in effect, except as modified herein.
Place of Arbitration. The arbitration proceedings shall be held in Delaware, United States unless the parties agree to an alternative location.
Governing Law. The arbitration shall be conducted in accordance with the laws of the State of Delaware, consistent with the Federal Arbitration Act, including any applicable statutes of limitations and recognized legal privileges.
Language of Arbitration. The arbitration will be conducted in the English language.
Commencing Arbitration. To initiate arbitration, you must adhere to the procedures outlined by the AAA Rules, which are accessible on this
page.
Filing Deadline. By accessing or using our Service, you agree that any Dispute (as defined herein) must be initiated by filing a demand for arbitration or commencing an individual legal action within one (1) year from the date the party asserting the Dispute first becomes aware, or reasonably should have become aware, of the act, omission, or event giving rise to the Dispute. Except where prohibited by applicable law, any Dispute not initiated within this one-year period will be permanently barred, and no remedy shall be available for such untimely Disputes.
Selection of the Arbitrator. The arbitrator responsible for adjudicating the dispute will be selected in accordance with the procedures specified in the AAA Rules.
Hearing Requirements. For claims of $10,000 or less, the arbitration will generally proceed on the basis of written submissions from the parties, unless a hearing is requested by you or deemed necessary by the arbitrator. For claims exceeding $10,000, the need for a hearing will be determined by the AAA Rules. The arbitrator shall have the discretion to oversee and regulate the exchange of information between the parties. No party or representative shall engage in ex-parte communications with the arbitrator. All communications must be made in the presence of, or with notice to, all parties involved in the arbitration.
Judgment and Finality of Award. The arbitrator shall deliver the award within the timeline prescribed by the AAA Rules. The award may be enforced in any court with appropriate jurisdiction. The arbitration award shall be final and binding, and there shall be no appeal. Any damages awarded by the arbitrator must conform to the limitations specified in the applicable “
Limitation of Liability” section, including restrictions on the types and amounts of damages recoverable.
Remedies. The arbitrator shall have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute.
Individual Relief Only. The arbitrator may award relief solely in favor of the individual party seeking relief and only to the extent necessary to resolve that party's individual claim. The arbitrator shall have no authority to award relief to or against anyone who is not a party to the arbitration. Furthermore, the arbitrator may not consolidate multiple parties' claims or preside over any form of class, joint, or representative proceeding.
Fees. Your obligation to cover any filing, administrative, or arbitrator fees shall be governed exclusively by the fee schedule outlined in the AAA Rules.
Assessment of Fees. The prevailing party shall be entitled to an award of reasonable attorney fees. The allocation of forum fees and expenses shall be determined by the arbitrator.
Confidentiality. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
Opt-Out Option. You may opt out of this Arbitration Agreement within 30 days of accepting these Terms by submitting your notice via
support@testora.space stating your intention to opt out. Opting out will not affect other provisions of these Terms.
Severability. If any portion of this Arbitration Agreement is deemed invalid or unenforceable, that portion shall be severed, and the remaining provisions shall remain in full force and effect. However, if the waiver of class actions and collective relief is found unenforceable, the arbitration shall proceed on an individual basis only to the fullest extent permitted by law.
Survival. Except stated otherwise, this Arbitration Agreement shall survive termination of these Terms.