Please read this section carefully. It affects how disputes are resolved.
In plain terms: if we have a dispute we can't settle informally, it goes to a neutral private arbitrator instead of a judge or jury. Each of us brings claims only individually, not as part of a class action. Tripool pays the arbitration fees for claims under US$75,000. You can still use small-claims court. You can opt out of arbitration by emailing us within 30 days.
Informal resolution first. Before starting a formal proceeding, email legal@morrio.ai with your name, the email on your account, and a description of the dispute and what you want. We'll do the same by emailing you. If the dispute isn't resolved within 30 days after the notice is received, either of us may start arbitration or, where allowed below, go to court.
Binding arbitration. Except as set out below, any dispute, claim or controversy between you and Tripool arising out of or relating to these Terms or the Service (a “Dispute”) will be resolved by binding individual arbitration, not in court. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, before a single arbitrator. The Federal Arbitration Act governs this agreement to arbitrate. The arbitrator decides all questions, including whether a Dispute must be arbitrated, except that a court decides the class action waiver below. Hearings take place in the US county where you live, in San Francisco County, California, or by video or phone if we both agree. For claims under US$10,000, the arbitration may be decided on written submissions alone if you choose.
Fees. For claims under US$75,000, Tripool will pay all AAA filing, administration and arbitrator fees. We won't seek our attorneys' fees from you unless the arbitrator finds your claim frivolous or brought for an improper purpose.
Exceptions. Either of us may bring an individual claim in small-claims court in San Francisco County, California, or the US county where you live, if it qualifies. Either of us may also go to court for injunctive relief to stop unauthorised use or abuse of the Service, or infringement of intellectual-property rights.
Class action and jury trial waiver. You and Tripool may bring Disputes only on an individual basis, and not as a plaintiff or class member in any class, consolidated or representative action. The arbitrator can't combine more than one person's claims or preside over a class proceeding. You and Tripool each waive the right to a jury trial. If this class action waiver is found unenforceable for a claim, that claim must be decided in court, not in arbitration.
Opting out. You can decline this agreement to arbitrate by emailing legal@morrio.ai within 30 days of first accepting these Terms, with your name, the email on your account, and a statement that you decline arbitration. If you were already a member when this section was added, you have 30 days from the date we emailed you about it. Opting out doesn't affect the rest of these Terms.
Governing law and courts. These Terms and any Dispute are governed by the laws of the State of California, without regard to its conflict-of-law rules, and by the Federal Arbitration Act for the agreement to arbitrate. Any Dispute that isn't arbitrated will be brought only in the state or federal courts in San Francisco County, California, and you and Tripool consent to their jurisdiction.