Any controversy or claim arising out of or relating to the member agreement, or the breach thereof, shall be settled by arbitration:
- The arbitration will be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules including the Supplementary Procedures for Online Arbitration, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
- The arbitrator shall be a United States national and conversant with the norms of online media and discussion communities.
- This user agreement shall be governed by the laws of the state of New York and any in-person proceedings must occur in New York City.
- If more than one arbitration is begun in connection with this agreement and any party contends that two or more arbitrations are substantially related and that the issues should be heard in one proceeding, the arbitrator selected in the first-filed of such proceedings shall determine whether, in the interests of justice and efficiency, the proceedings should be consolidated before that that arbitrator.
- The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute.
- Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration, unless the initiation of an arbitration is deemed to be frivolous or in bad faith, in which case fees and costs may be awarded.
- If the arbitration is initiated in an attempt to challenge an Society policy or administrative decision, this will be considered by definition a frivolous action and grounds for immediate dismissal of the action, in which case all costs will be borne by the complainant.
- Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
- These guidelines apply regardless of the time the controversy or claim arose or the membership status of the complainant.