Informal Dispute Resolution Procedure. There might be instances when a Dispute (as defined below) arises between you and EYES. In those instances, EYES is committed to working with you to reach a reasonable resolution; however, we can only do this if we know about and understand each other’s concerns. Therefore, for any Dispute that arises between you and EYES, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise. This includes first sending a written description of the Dispute to the other party. For any Dispute you initiate, you agree to send the written description of the Dispute along with the email address associated with your account to the following email address: ▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇ . Your written description must be on an individual basis and also provide at least the following information: your name; a detailed description of the nature and basis of the Dispute, including any transaction details; and the specific relief sought and how it was calculated. Your written description must be personally signed by you. For any Dispute that EYES raises, we will send our written description of the Dispute to the email address associated with your account. You and EYES then agree to negotiate in good faith about the Dispute. This might include an informal telephonic dispute resolution conference between you and EYES if such a conference is requested by EYES. If such an informal telephonic dispute resolution conference takes place, it shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference. If either party is represented by counsel, that party's counsel may participate in the informal telephonic dispute resolution conference, but the party also must appear at and participate in the conference. This should lead to resolution, but if for some reason the Dispute is not resolved satisfactorily within sixty (60) days after receipt of the complete written description of the Dispute, you and EYES agree to the further dispute resolution provisions below. To reiterate, this informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fee or other deadlines will be tolled while the parties engage in this informal dispute resolution process. A court shall have the authority to enjoin the filing or prosecution of arbitrations based on a failure to comply with this Informal Dispute Resolution Procedure. A party may raise non-compliance with this Informal Dispute Resolution Procedure in court and/or in connection with the arbitration.
Appears in 1 contract
Sources: Terms and Conditions Agreement
Informal Dispute Resolution Procedure. There might be instances when a Dispute (as defined below) dispute arises between you and EYESGifted Eats. In those instances, EYES Gifted Eats is committed to working with you to reach a reasonable resolution; however, we can only do this if we know about and understand each other’s concerns. Therefore, for any Dispute issue or dispute that arises between you and EYESGifted Eats, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or suit or otherwise. This includes first sending a written description of the Dispute dispute to the other party. For any Dispute dispute you initiate, you agree to send the written description of the Dispute dispute along with the email address associated with your account to the following email address: ▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇ . Your For any dispute that Gifted Eats initiates, we will send our written description of the dispute to the email address associated with your account. The written description must be on an individual basis and also provide at least the following information: your name; a detailed description of the nature and or basis of the Dispute, including any transaction detailsclaim or dispute; and the specific relief sought and how it was calculated. Your written description must be personally signed by you. For any Dispute that EYES raises, we will send our written description of the Dispute to the email address associated with your accountsought. You and EYES Gifted Eats then agree to negotiate in good faith about the Dispute. This might include dispute through an informal telephonic dispute resolution conference between you and EYES if such a conference is requested by EYESGifted Eats. If such an The informal telephonic dispute resolution conference takes place, it conferences shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference. If either party is represented by counsel, that party's counsel may participate in the informal telephonic dispute resolution conference, but the party also must appear at and participate in the conference. This should lead to resolution, but if for some reason the Dispute dispute is not resolved satisfactorily within sixty (60) days after receipt of the complete written description of the Disputedispute, you and EYES Gifted Eats agree to the further dispute resolution provisions below. To reiterate, this informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fee or other deadlines will be tolled while the parties engage in this informal dispute resolution process. A court shall have the authority to enjoin the filing or prosecution of arbitrations based on a failure to comply with this Informal Dispute Resolution Procedure. A party may raise non-compliance with this Informal Dispute Resolution Procedure in court and/or in connection with the arbitration.
Appears in 1 contract
Sources: Terms of Use