Terms and Conditions of Use
Agreement to Arbitrate
Airo Marketing, Inc DBA “Cost Guide” and you agree to arbitrate any and all disputes and claims between us arising out of or relating to these Terms of Use, our Privacy Policy, or use of the sites, via the sites or through a mobile application, except any disputes or claims which under governing law are not subject to arbitration, to the maximum extent permitted by applicable law.
These terms to arbitrate are intended to be broadly interpreted and to make all disputes and claims between us subject to arbitration to the fullest extent permitted by law.
However, any dispute you or we may have relating to copyrights or other intellectual property shall not be governed by this agreement to arbitrate.
For the avoidance of doubt, this means that any claims you or we may have relating to intellectual property rights against the other, including seeking injunctive and other equitable relief, may be brought in a court of competent jurisdiction.
This agreement to arbitrate otherwise includes, but is not limited to claims based in contract, tort, warranty, statute, fraud, misrepresentation, or any other legal theory; claims that arose before this or any prior Terms of Use (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; claims relating to our websites; claims arising out of or relating to the Telephone Consumer Protection Act; claims relating to your data privacy or information security; and claims that may arise after the termination of these Terms of Use.
For purposes of this arbitration provision, references to ” Airo Marketing, Inc,” “Cost Guide,” “you,” and “us” shall include our respective parent entities, subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, websites of the foregoing, as well as all authorized or unauthorized users or beneficiaries of services, products or information provided or made available under this or prior agreements between us relating to or arising from any aspect of your use or access of the sites.
Notwithstanding the foregoing, either party may bring an individual action in small claims court.
You agree that, by entering into these Terms of Use, including this agreement to arbitrate, you and Cost Guide are each waiving the right to a trial by jury or to participate in a class or representative action to the maximum extent permitted by law.
These Terms evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.
This arbitration provision shall survive termination of these Terms of Use or your relationship with Cost Guide for any reason.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Dispute Notice”).
The Notice to Cost Guide should be addressed to the following address (“Dispute Notice Address”): Cost Guide Street 310 1/2 S Main St, Stillwater, MN 55082 Attention: Legal Department The Dispute Notice must describe the nature and basis of the claim or dispute and set forth the specific relief you seek from Cost Guide (“Demand”).
If Cost Guide and you do not reach an agreement to resolve the claim within 30 days after the Dispute Notice is received, you or Cost Guide may commence an arbitration proceeding.
After Cost Guide receives notice at the Dispute Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee.
The arbitration will be governed by the Consumer Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms Of Use, and will be administered by the AAA.
The AAA Rules are available online at www.adr.org , by calling the AAA at 1-800-778-7879, or by writing to the Notice Address.
The AAA Rules may change from time to time, and you should review them periodically.
All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as well as other terms and conditions of these Terms of Use, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or any other term of these Terms of Use, including, but not limited to any claim that all or any part of this arbitration provision or these Terms of Use are void or voidable.
However, if putative class or representative claims are initially brought by either party in a court of law, and a motion to compel arbitration is brought by any party, then the court shall decide whether these Terms of Use permit class or representative proceeding.
For the avoidance of doubt, the court and arbitrator shall be bound by these Terms of Use, including with regard to the class and representative waiver provision.
In any arbitration, the arbitrator shall follow the applicable law.
The arbitrator shall not have the power to commit manifest errors of law or legal reasoning, and any award rendered by the arbitrator that employs a manifest error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error.
Unless cost Guide and you agree otherwise, any arbitration will be governed by the substantive laws of your state, and hearings will take place in the county (or parish) of your permanent residence. Case management and other hearings shall be heard via telephone unless agreed to otherwise.
Except as otherwise provided for herein, Cost Guide will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above.
If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules.
In such case, you agree to reimburse Cost Guide for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.
Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.
YOU AND Cost Guide AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING TO THE MAXIMUM EXTENT PERMITTED BY LAW.
If this specific subparagraph (e) is found to be unenforceable in its entirety, then the entirety of this arbitration provision shall be null and void.
However, if only a portion of this subparagraph (e) is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of subparagraph (e) enforced.
Any claims or causes of action seeking relief not subject to individual arbitration under applicable law shall be stayed in a court of competent jurisdiction pending completion of individual arbitration to the maximum extent permitted by law.
Notwithstanding any provision in these Terms of Use to the contrary, we agree that if Cost Guide makes any change to this arbitration provision (other than a change to the Dispute Notice Address) after your enrollment in a service or program or your use of the Cost Guide Sites, you may reject any such change and require Cost Guide to adhere to the language in this arbitration provision as written at the time you initially requested or received any services from us if a dispute between us arises, by providing Notice to Cost Guide at the Dispute Notice Address in subsection (b) above.
Last Updated: November, 2024
