PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
15.1 Agreement to Arbitrate. You and 4th Move agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, Generated Content, Virtual Items, or your relationship with 4th Move (collectively, "Disputes") shall be resolved exclusively through final and binding individual arbitration, rather than in court, except that: (a) either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights; and (b) claims that qualify may be brought in small claims court.
15.2 Arbitration Rules. Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, as modified by this Section. The AAA Rules are available at www.adr.org. If the AAA is unavailable, the parties shall agree on an alternative arbitration forum, or a court of competent jurisdiction shall appoint one.
15.3 Arbitration Procedures. The arbitration shall be conducted by a single arbitrator. The arbitrator shall have exclusive authority to resolve all Disputes, including the scope, enforceability, and arbitrability of this arbitration agreement. The arbitration shall be held in Maricopa County, Arizona, or at another mutually agreed location, or by videoconference. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
15.4 Arbitration Fees. If your claim does not exceed $10,000, 4th Move will pay all arbitration filing, administration, and arbitrator fees. If your claim exceeds $10,000, the payment of such fees shall be governed by the AAA Rules. Each party shall bear its own attorneys' fees and costs unless the arbitrator determines that a claim or defense was frivolous or brought for an improper purpose, in which case the arbitrator may award reasonable fees to the prevailing party.
15.5 CLASS ACTION WAIVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND 4TH MOVE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU AND 4TH MOVE EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void, but the remainder of these Terms shall remain in effect.
15.6 Mass Arbitration. If 25 or more similar claims are filed against 4th Move, the parties agree to coordinate through the AAA's procedures for mass arbitration, including the selection of bellwether cases for initial resolution.
15.7 Opt-Out Right. You may opt out of this arbitration agreement and class action waiver by sending a written notice to [email protected] with the subject line "Arbitration Opt-Out" within 30 days of first accepting these Terms. Your notice must include your name, email address associated with your account, and a clear statement that you wish to opt out. If you opt out, you and 4th Move may litigate Disputes in court, subject to the governing law and jurisdiction provisions in Section 16. Opting out does not affect any other provisions of these Terms.
15.8 Pre-Arbitration Dispute Resolution. Before initiating arbitration, you agree to first contact 4th Move at [email protected] and attempt to resolve the Dispute informally for at least 30 days. If the Dispute is not resolved within 30 days, either party may proceed to arbitration.
15.9 Statute of Limitations. Any claim arising out of or relating to these Terms or the Service must be filed within one (1) year after the cause of action accrues. Claims filed after this period are permanently barred.