PROLIX MUSIC DISPUTE RESOLUTION POLICY
Published: 20 December 2019
Read this Dispute Resolution Policy (“Agreement”) carefully. This Agreement explains how you and Prolix Music will resolve any Dispute (as defined below). This Agreement explains the only way such Disputes will be resolved. As explained further below, under this Agreement:
- ALL DISPUTES WILL BE RESOLVED BY INDIVIDUAL, BINDING, NON-CLASS ARBITRATION
- DISPUTES WILL NOT BE RESOLVED IN COURT
- DISPUTES WILL NOT BE RESOLVED BY JUDGE OR JURY
- THERE WILL BE NO CLASS ACTIONS OR CLASS ARBITRATIONS
This is an agreement between you and Prolix Music LLC (“Prolix Music,” “we,” “our,” and “us”).
The Agreement also benefits Prolix Music’s agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing products or services to you in connection with or related to your purchase of a product or service from Prolix Music. These are called “Related Parties”.
The Agreement applies to any dispute between you and Prolix Music and/or Related Parties. A Dispute is a disagreement that could be the subject of a civil lawsuit or administrative complaint.
Disputes include, for example, claims that you, Prolix Music, or Related Parties:
- Violated a federal or state law;
- Breached a contract;
- Were reckless or negligent, and caused harm;
- Committed some intentional harm (a tort); or
- As a matter of equity, owe something not yet paid.
These are just examples. Disputes also include:
- demands for money;
- demands that a party takes some action, or refrains from taking action (injunctive relief); and
- demands for a court or administrative body to say who is right and who is wrong (declaratory relief)
You and Prolix Music agree to first attempt to negotiate the resolution of any Dispute informally for at least thirty (30) days before either party initiates any arbitration or court proceeding.
Negotiations will begin upon receipt of written notice by the party raising the Dispute. Prolix Music will send its notice using available information – for example, if available, it will mail a copy to you at your billing address and will e-mail a copy to you at the e-mail address you have provided to us.
You will send your notice to:
1014 W 36th Street,
Attn: General Counsel
- Binding Arbitration
If a Dispute cannot be resolved through negotiations within thirty (30) days, either you or Prolix Music may elect to have the Dispute resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other.
- In arbitration, a private organization (“the Arbitrator”) decides the Dispute. This is not a judge, and there is no jury.
- The Arbitrator follows the procedural rules that the parties agreed to beforehand, as well as the Arbitrator’s own rules.
- The Arbitrator’s decision is binding and cannot be appealed, except in limited circumstances like fraud or collusion.
- Scope of Arbitration
The Arbitrator will determine the scope and enforceability of this Agreement, including whether a Dispute is subject to arbitration. The Arbitrator has authority to decide all issues of what can and cannot be arbitrated.
Where any action includes claims that are arbitrable and claims that are not, the entire action shall be stayed, absent a showing of prejudice to the complaining party, pending the completion of the arbitration of the arbitrable issues. You or Prolix Music can request the stay be lifted upon a showing of prejudice.
- Selection of Arbitrator
Any arbitration under this Agreement will be conducted by a designated arbitrator of the choice of Prolix Music LLC.
- Selection of Rules
Any arbitration under this Agreement will be conducted by a designated Arbitrator of the choice of Prolix Music LLC, the Arbitrator will apply the set of rules.
- Conduct of Arbitration
The arbitration may be conducted in person, through the submission of documents, by phone, or online. The Arbitrator will decide the fairest way to proceed.
The parties understand that the right to discovery may be more limited in arbitration than in court. However, each side will be permitted discovery sufficient to allow that side a fair opportunity to present or defend their claims.
The Arbitrator will make a decision in writing. If you or Prolix Music asks for it, the Arbitrator will provide a statement of the reasons on which the decision was based. The arbitrator must follow the applicable law.
The decision of the Arbitrator shall be final and binding on you and Prolix Music, and any award of the Arbitrator may be entered in any court of competent jurisdiction.
- Costs and Discovery
In some instances, the costs of arbitration could exceed the costs of litigation. You and Prolix Music agree that you shall each bear your own costs of arbitration, including, without limitation, attorneys’ fees.
- Class and Collective Action Waiver
You and Prolix Music agree that any arbitration or court proceeding shall be limited to the Dispute between Prolix Music and you individually. YOU ACKNOWLEDGE AND AGREE THAT:
- A CLAIM BY, OR ON BEHALF OF, OTHER PERSONS, WILL NOT BE CONSIDERED IN, JOINED WITH, OR CONSOLIDATED WITH, THE ARBITRATION PROCEEDINGS OR ANY COURT PROCEEDINGS BETWEEN YOU AND PROLIX MUSIC;
- THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED, ADJUDICATED, OR RESOLVED THROUGH COURT PROCEEDINGS ON A CLASS-ACTION BASIS OR TO USE CLASS ACTION PROCEDURES; AND
- YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS FOR ANY DISPUTE SUBJECT TO ARBITRATION OR ANY DISPUTE BROUGHT IN COURT.
Any Dispute regarding the prohibitions in the prior sections will be resolved by the Arbitrator in accordance with this Agreement.
If, for any reason, this class or collective action waiver is deemed unenforceable by a court or arbitrator, you agree that the parties’ contract to Arbitrate is then void, and any ongoing or future Dispute will be submitted to a court of competent jurisdiction within Baltimore, State of Maryland, United States of America, to the exclusion of arbitration. Any Dispute at that time in arbitration will be dismissed without prejudice and refiled in a court. Under no circumstances do you or Prolix Music agree to class or collective procedures in arbitration or court proceedings or the joinder of claims in arbitration or court proceedings.
There is a federal law that applies here, the Federal Arbitration Act, 9 U.S. Code § 1, et seq. The Federal Arbitration Act will apply to any Disputes.
You or Prolix Music can seek provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
You and Prolix Music agree to submit to the jurisdiction of the state and federal court in Baltimore, Maryland for such provisional remedies or to enforce this Agreement, and we both irrevocably submit to the exclusive jurisdiction and venue of such courts.