TERMS OF SERVICE

BY ACCEPTING THIS AGREEMENT; EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE, BY CLICKING THE ACCEPT BUTTON, OR BY DOWNLOADING THE MOBILE APPLICATION (“APP”) THAT REFERENCES THESE TERMS, YOU AGREE TO THESE TERMS OF SERVICE (“TERMS”). IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCEPT THESE TERMS AND MUST NOT USE THE APP OR THIS WEBSITE.
Effective Date August 15, 2021
1. Definitions.
1.1 “App” means the Dash In mobile application which can be downloaded via the Apple or Google app store, which provides access to Dash In Services and the Dash In Loyalty Program.
1.2 “Content” means any information, data, images, videos, photos, data, text, listings interactive media, profile data, contact particulars, or other property listing information or related information which a Subscriber uploads into the Service via the App or Site.
1.3 “Dash In,” “We,” “Us” or “Our” means Dash In Food Stores Inc., including any affiliated companies, providing Services to you, as applicable.
1.4 “Loyalty Program” or “Program” means the Services provided by Dash In where patrons can receive various benefits and discounts as a result of their purchases of goods or services from Dash In.
1.5 “Members” means individuals who have signed up for, and created an account in, the Program.
1.6 “Service” means the Site or App, any and all content, software, data, information and materials contained therein, and all transactions completed thereon.
1.7 “Third Party Content” means certain third party reviews, content, tools, features, materials, websites, services or advertisements which Dash In makes available on or through this Service, or to which we link on the Site or App.
2. Binding Agreement.
2.1 All other terms and conditions on this Site that govern particular features of the Site (the “Additional Terms”) are incorporated into the Terms by this reference. The Terms and any Additional Terms (collectively, the “Agreement”) sets forth the terms and conditions which govern your access to and use of the Site or App. The Agreement sets forth the entire, final and exclusive agreement between Dash In and you with respect to your use of, and access to, the Service, and supersedes all previous oral and written terms, representations, or understandings concerning your use of, and access to, this Service. This Agreement is effective between you and Dash In as of the date of your acceptance of this Agreement.
2.2 By using the Service, you agree to transact electronically through the Site or App. You agree that your electronic signature is the legal equivalent of your manual signature. You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature.
2.3 By providing your telephone number, you are providing express written consent to receive communications from Dash In (including its affiliates, agents, service providers, and affiliates for the purposes of defined above), for any purpose, including but not limited to marketing various services from both Dash In and companies Dash In has joint marketing agreements with. Additionally, you agree to receive communications from Dash In regarding any service, and any information you may have obtained via your use of a website. You agree that these communications include, but are not limited to, the use of an Automated Telephone Dialing System, prerecorded and/or artificial voice, SMS, MMS, text, fax, email or other similar means. Note, regardless of whether your phone number is registered on a state or federal Do Not Call list. You agree that Dash In is not responsible for any charges to you regarding these communications. Standard voice and data rates may apply. Further, you understand that you do not need to provide this consent to call as a condition to receive any good or service, in which case you will not provide your phone number.
3. Proprietary Rights.
3.1 As between Dash In and you, and subject to your right, title and interest in data you submit through this Service or otherwise provide or submit to Dash In, Dash In owns all right, title and interest in and to the Service, including all related intellectual property rights subsisting therein. Subject to the limited rights expressly granted hereunder, Dash In reserves all rights, title and interest in and to the Service, including all related intellectual property rights subsisting therein. We grant no rights to you hereunder other than as expressly set forth herein. This Service and all materials and information published thereon are protected by U.S. and foreign copyright and other intellectual property laws. You agree to protect the proprietary rights of Dash In and to comply with all reasonable written requests made by Dash In or its third party licensors to protect their and others’ rights in the Site and materials and content made available on or through the Service.
3.2 Our trademarks and service marks are the property of Wills Group, Inc., Dash In Food Stores, Inc., or our affiliated companies or licensors. Dash In’s trademarks and trade dress may not be used in any form without the prior written consent of Dash In, and any use shall be subject to Dash In’s then-current policies and requirements. All other trademarks, services marks, logos, designs and trade dress not owned by Dash In that appear on this Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Dash In.
4. Terms Applicable to the Service
4.1 Generally.
4.1.1 The Service allows users to manage their experience at a Dash In Food Store as well as give Members the opportunity to earn benefits in the Loyalty Program and link purchasing events to other loyalty programs, such as the ones offered by the various gasoline companies (e.g. Shell, Mobile, Exxon etc.). While you do not have to be a Member to use the App or Services, not all functionality of the App or Services may be available to you if you are not a Member.
4.1.2 In order to use all of the Services, you will need to sign up as a Member to the Dash In Loyalty Program. We may verify your identity. You authorize us to make any inquiries we consider necessary to validate the contact details that you provide to us including email your identity . These inquiries may include asking you for further information, requiring you to provide your full address, your date of birth, your social security number and/or requiring you to take steps to confirm ownership of your email address, or verifying information you provide against third party databases or through other sources, including your mobile device and/or device operating environment. If you do not provide this information or we cannot verify your identity, we can refuse to allow you to use the Services.
4.1.3 You may register for or log-in to your account via a third-party network, such as Facebook or Apple Google. If you do so, you hereby authorize Dash In to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party.
4.1.4 Members can change or update their membership subscription at any time. You may also cancel your Membership at any time. Members may make such changes by writing to customer service on customerservice@dashin.com or using the App or the Help Center on the Site at DashIn.com/contactus
4.1.5 While the Services are free, purchases of goods or services can be made from either the Site or the App. Prior to the purchase of any goods or services, Members must provide a valid credit card number and associated payment information, including all of the following: (i) the name as it appears on the credit card; (ii) the credit card number; (iii) the credit card type; (iv) the date of expiration; and (v) any activation numbers or codes needed to charge the credit card.
4.2 Methods of Payment, Credit Card Terms and Taxes.
4.2.1 By submitting your credit card information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization.
4.2.2 We or our payment processer will automatically bill your credit card or other form of payment submitted as part of the order process for such price.
4.2.3 All payments must be made by Visa, MasterCard, Discover, or American Express. The App and the Site currently do not accept cash, personal or business checks or any other payment form, although in the future we may change this through the acceptance of additional forms of payment on our checkout functionality. You agree that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Dash In of any discrepancies within forty-five (45) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If Dash In does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Dash In or its agents. Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the products. You are responsible for paying any such taxes or charges imposed on your purchases, including sales, use or value-added taxes.
4.3 Termination
4.3.1 You can cancel your Membership Via the App or Site; or Send an email to customerservice@dashin.com. In the email, you must write that you wish to cancel your Membership and from which date the termination should take effect. Remember to enter your full name, email address you signed up with and your phone number and we will take care of the rest.
4.3.2 We may terminate access to and use of the Service (a) at any time with or without cause, upon notice to you or (b) upon termination of your relationship with Dash In for any reason. Sections 3 (Proprietary Rights), 7 (User Generated Content), 8 (Links and Third Party Content), 9 (Disclaimers and Limits of Liability), 10 (Indemnification), 12 (Governing Law), 14 (Arbitration; Venue), and 16 (Miscellaneous) shall survive any termination or expiration of this Agreement.
5. Restrictions on Use.
5.1 Except as otherwise expressly provided in these Terms, or on the App or Site, you may not download, modify, copy, reproduce, republish, post, resell, upload, transmit or distribute any materials or content, including without limitation any feedback generated through the Site or App, or any portion thereof from or linked to the Service, except with the express written consent of Dash In or its third party licensors.
5.2 You agree not to:
(a) Use or access the Site or App for any purpose that is unlawful or prohibited by the Agreement or display, transmit or otherwise make available on or through the Service material that is infringing, threatening, harassing, libelous, hateful, racially or ethnically objectionable, unlawful, tortious, harmful to children, invasive of another’s privacy or violative of third party privacy rights;
(b) Reproduce, publicly display, or otherwise make accessible on or through any other website, application, or service any reviews, ratings, and/or profile information about real estate or other professionals, underlying images of or information about real estate listings, or other data or content available through the Services, except as explicitly permitted by the Services;
(c) Reverse engineer, decompile, modify, or create derivative works from any software or materials accessible by or on the Service;
(d) Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Dash In without express written consent;
(e) Make any commercial or non-fair use of the copyrights, trademarks, logos, symbols, or any other mark, device, or commercial identifier of Dash In or any of our third party licensors without the express written consent of Dash In;
(f) Use or access the Site or App in a manner that could damage, disable, overburden, or impair any Dash In server or the networks connected to any Dash In server;
(g) Interfere with any third party’s use and enjoyment of the Service;
(h) Attempt to gain unauthorized access to the Service, accounts, computer systems, or networks connected to any Dash In server through hacking, password mining, or any other means;
(i) Sublicense any license granted in or to materials on the Service (whether or not any of such acts are for commercial gain or advantage); or
(j) Access the Service in order to build a competitive product or service, or copy any features, functions or graphics of the Services.
6. Your Responsibilities.
You shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Content and data submitted to or published via the Service by you; (ii) comply with all applicable laws (including but not limited to export laws) in using the Service; and (iii) use the Service solely in accordance with any online user guides or instructions made available on or through the Site; and (iv) have all necessary rights to use your Accounts with the Service, including having the right to purchase, sell, or negotiate on behalf of the individual with a right to purchase or sell, a listed property. You shall not disclose or share any ID(s) and password(s) used to access this Service. You are responsible for all activity that occurs under your ID(s) and password(s). You agree to notify Dash In in writing promptly upon becoming aware of any unauthorized access or use of the Site by any party.
6.1 You agree that Dash In is not responsible for, and does not endorse, Content posted by Members or other Third Parties on the Services. If your Content violates these Terms, you may bear legal responsibility for that Content. As between you and Dash In, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Dash In is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Dash In in a position that is any different from the position held by members of the general public, including with regard to your Content. Dash In will not be liable for any use or disclosure of any Content you publish on the Site or App.
6.2 The Services may provide you with the ability to mark certain Content that you submit to the Services as private, public, or available only to select users of the Services. Dash In will maintain the accessibility of such Content in accordance with your elections. However, if you do not elect to mark your Content as private or available for a limited group of members, or later change such designation to allow such Content to be made available to anyone, you are responsible for the public nature of the content.
7. Membership Related Terms
7.1 Membership
The Dash In Loyalty Program (“Program”) is available to legal residents of the US States where Dash In has made the Program available. For any legal resident of the US States who is between 16 and 18 years of age, a parent or guardian must review, agree, and be responsible for compliance with these Terms. The Program currently provides one tier of membership for its customers. This only requires completion of the registration process on the Site or via the App. In the future, Dash In expects to add additional tiers, and you will be given the opportunity to become eligible for any additional Program benefits when Dash In adds these benefits to the Program. All tiers, present and future, are subject to these Terms. A description of the additional eligibility requirements, benefits, and restrictions for each tier of the Program will be available on the Program webpage available at www.dashin.com/rewards.?? Those requirements, benefits, and restrictions are incorporated by reference to these Terms upon their publication on the Dash In website.
7.2 Reward Points
7.2.1 Members will receive 5 points for every $1 in Net Purchases at Dash In centers, 3 points for every $1 in Net Purchases at Splash In centers, 2 points per gallon of premium or mid-grade fuel and 1 point per gallon of regular fuel purchased. You will be able to redeem $1 worth of cash with Dash In for every 100 points you earn. There is no maximum number of points that you can accumulate in the Program, however, points will expire 12 months from the date of purchase . We will update your points balance generally every 24 hours and you will be able to redeem your points once you reach 50 points earned. Point accrual will begin on your first purchase following enrollment. Net Purchases means purchases of goods and services made by you minus any returns or refunds, and less any applicable fees and charges. From time to time Dash In may provide Members the opportunity to earn additional points as defined by the terms of the specific promotion. All purchases are subject to verification by Dash In before being credited to your Member account.
7.3 Reward Point Restrictions
7.3.1 Reward Points may only be used for products and services provided in our Dash In Food Store locations and Splash In. Reward Points are not replaceable or transferable for cash (unless required by law), credit, or other rewards under any circumstances, and cannot be used as payment of any outstanding obligation owed to Dash In. Reward Points are not “gift certificates” under applicable law. Redeemed Rewards Points are not refundable. Certain rewards are available only during the time periods described in the Program communications. We may substitute rewards of equal or greater value as necessary at our discretion. Reward points cannot be used on products where you have to be over a certain age to purchase (“age restricted products”). Reward Points are valid for 12 calendar months after they are earned. Points from separate enrolled Membership accounts may not be combined onto one account. Rewards Points which are not used after twelve months from issue date expire and are no longer redeemable.
7.4 Marketing Authorization
By enrolling in the Program, you acknowledge and agree (i) that you may be asked to provide personal information about yourself, such as name, billing and shipping address, email address, phone number, date of birth, and shopping preferences, and that the information you provide will be used by Dash In, its subsidiaries, affiliates and third party partners as necessary to operate the Program and provide you the benefits and rewards described herein, and (ii) that we may use your personal information to send you marketing information, which may include marketing emails, text messages, direct mail pieces, and special communications about upcoming offers, promotions or decorating ideas that we feel may be of interest to you.
7.5 Membership Information Updates and Cancellation
You may update or correct your Membership information, as well as cancel your Membership via the App or our Membership portal at www.dashin.com/rewards. Your Membership information must be correct in order to receive the benefits and rewards of the Program. Upon cancellation, all membership rewards, offers and benefits will be cancelled and deactivated.
7.6 Program Abuse
We may terminate or suspend your Membership and right to participate in the Program, in the event we determine, in our sole and absolute discretion, that (i) you are ineligible to participate pursuant to these terms and conditions, (ii) you have violated any terms or conditions of the Program or any applicable laws, or (iii) you committed any other fraud, abuse or circumvention of the Program and its policies and procedures. If we terminate or suspend your Membership we reserve the right to void any rewards not already issued. If your points are forfeited for any reason, we will not reinstate these points to your Membership account.
7.7 Right to Change Loyalty Program
Dash In reserves the right in its sole discretion to amend, modify, limit, restrict and/or terminate the Program or any aspects or features of the Program at any time without prior notice to Members. Any changes or modifications to these terms and conditions and/or the Program will be effective immediately and posted on www.dashin.com/rewards or in the App.
7.8 Miscellaneous
You are responsible for any personal tax liability related to participating in the Program. The Program is void where prohibited by federal, state or local law. We reserve the right to approve, deny or revoke participation in the Program to any individual for any reason whatsoever. These terms and conditions set forth all the terms of the Program; we have no other obligation with respect to the Program beyond those described in these terms and conditions.
8. Links And Third Party Information.
8.1 Third Party Content, which is Content not provided by Members, is not maintained or controlled by Dash In, and as a matter of policy, Dash In does not independently verify, prescreen or monitor any such Third Party Content. While we believe the Third Party Content is from reliable third party sources, we are not responsible for the availability, content, completeness, adequacy, utility or accuracy of such Third Party Content. Dash In does not make any endorsement, express or implied, of any Third Party Content.
8.2 Certain Third Party Content is subject to additional specific terms and conditions which can be found in Additional Terms and in applicable areas of the Site and websites linked to this Site. You acknowledge and agree that your use of such Third Party Content is subject to all these terms.
8.3 Service features that interoperate with Third Party Content depend on the continuing availability of such third party services and materials for use with the Service. If the third party providers of such services or materials cease to make the services or materials available on reasonable terms for the Services, we may cease providing such Service features.
9. Disclaimers and Limits of Liability.
9.1 THE SERVICE AND THE INFORMATION AND DATA ON THE SITE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
9.2 NEITHER DASH IN, NOR ANY OF ITS AFFILIATED COMPANIES, SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUES OR LOST PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSSES AND BASED ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, SERVICES, APP OR ANY INFORMATION OR SERVICE ON A LINKED WEBSITE. Some jurisdictions do not allow the limitation or exclusion of certain implied warranties, liability, incidental or consequential damages, so certain provisions of this Agreement may not apply to you.
10. Indemnification.
You shall defend us against any claim made or brought against us by a third party alleging that your use of the Services in violation of this Agreement, or the data or information you submit through the Service, infringes or violates applicable law, and shall indemnify us for any damages finally awarded against, and for reasonable attorney’s fees incurred by, us in connection with any such Claim; provided, that we: (a) promptly give you written notice of the Claim; (b) give you sole control of the defense and settlement of the Claim (provided that you may not settle any Claim unless the settlement unconditionally release us of all liability); and (c) provide to you all reasonable assistance, at our expense.
11. Changes to Agreement.
Dash In reserves the right to make changes, modifications, amendments, and/or updates to this Service and the Agreement. When these changes are made, we will make a new copy of the Agreement available on this Site or via the App. Changes to the Agreement shall be effective when posted. You understand and agree that continued use of the Site after the Agreement has changed will be treated as your acceptance of the updated Agreement.
12. Governing Law.
This Agreement shall be governed by the laws of the State of Maryland, without reference to the principles of conflicts of laws thereof. You agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) and Uniform Computer Information Transactions Act (UCITA), as adopted by any state, are specifically excluded from application to this Agreement.
13. Injunctive Relief.
You acknowledge and agree that any violation of the Agreement relating to the disclosure, use, copying, distribution, display or publishing of the content made available through the Service by us or by third party licensors, including any software licensed hereunder, may result in irreparable injury and damage to Dash In or its licensors that may not be adequately compensable in money damages, and for which Dash In will have no adequate remedy at law. You, therefore, consent and agree that Dash In may obtain injunctions, orders, or decrees as may be reasonably necessary to ensure compliance with this Agreement. You hereby waive any requirement of the posting of a bond that may apply for issuance of any injunctions, orders, or decrees.
14. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY – IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND Dash In CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND Dash In TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. THIS MEANS THAT YOU WILL NOT BE ABLE TO BRING A CLASS, COLLECTIVE, OR REPRESENTATIVE LAWSUIT IN A COURT OF LAW BEFORE A JUDGE OR JURY CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THE ARBITRATION AGREEMENT AND ARE INSTEAD AGREEING TO SUBMIT ANY SUCH DISPUTE SOLELY ON YOUR OWN BEHALF TO AN IMPARTIAL ARBITRATOR.
14.1 Agreement to Arbitrate
You and Dash In mutually agree to forego the delay and expense of using a court of law and choose instead to benefit from the speedy, economical, and impartial dispute resolution procedure of using binding arbitration for any “Covered Claims” (as defined below) that arise between You and Dash In, its related and affiliated companies, and/or any current or former employee, officer, or director of Dash In or any related or affiliated company. You and Dash In agree that this Arbitration and Class Action Waiver is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and will survive even after these Terms terminate. Any revision to or termination of the Terms that modify or terminate this Arbitration and Class Action Waiver shall not apply to a pending arbitration, to any claim that accrued prior to the modification or termination, or to any claim that the asserting party knew about prior to the modification or termination, except as may be required by applicable law.
14.2 Claims Subject to Arbitration
Other than the exceptions in the “Excluded Claims” Section below, the “Covered Claims” include any and all controversies, disputes, disagreements, and claims arising out of, or relating to, these Terms (including its enforcement, breach, performance, interpretation, validity, or termination), or Your access to and/or use of the Services, or the provision of content, services, and/or technology on or through the Site to the fullest extent allowed by law.
14.3 Excluded Claims, Jurisdiction, and Venue
14.3.1 The Covered Claims do not include (and thus shall not require arbitration of) the following types of claims that will hereafter be referred to as “Excluded Claims”: (a) any claims that cannot be required to be arbitrated as a matter of law; (b) applications for provisional remedies, preliminary injunctions, and temporary restraining orders, including but not limited to those relating to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and (c) small claims actions demanding $10,000 or less brought on an individual basis and within a small claims court’s jurisdiction.
14.3.2 Any Excluded Claims arising out of, or related to, these Terms shall be instituted exclusively in the in the state and federal courts located in the City of Plano, Texas, which shall be the exclusive forum for such claims. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
14.3.3 In the event You or Dash In choose to pursue arbitration of both Covered Claims and Excluded Claims and the other party objects, the Covered Claims must be arbitrated. In no event will Covered Claims be joined with Excluded Claims and litigated in court unless both parties agree to waive arbitration.
14.4 Class Action Waiver
Except as otherwise required under applicable law, You and Dash In agree to arbitrate any Covered Claims only on an individual basis and hereby waive any right to bring, participate in, or receive money or any other relief from any representative, class, or collective proceeding (“Class Action Waiver”). No party may bring a claim on behalf of other individuals, and no arbitrator hearing any claim under these Terms may: (a) without the consent of all parties, combine more than one individual’s claim or claims into a single case; (b) order, require, participate in, or facilitate production of class-wide contact information or notification of others of potential claims; or (c) arbitrate any form of a class, collective, or representative proceeding.
14.5 Arbitrability Determinations
If a party violates the agreement to arbitrate by commencing an action asserting a Covered Claim in a court of law, then the court (and not an arbitrator) shall have the authority to resolve any disputes about the interpretation, formation, existence, enforceability, validity, and scope of the this Arbitration and Class Action Waiver. If a party complies with the agreement to arbitrate and files for arbitration without filing a complaint in a court of law, then the arbitrator shall have the authority to resolve any disputes about the interpretation of this Arbitration and Class Action Waiver for purposes of discovery or the merits of the underlying claim, but shall have no authority to resolve any disputes about the formation, existence, enforceability, or validity of this Arbitration and Class Action Waiver, including the Class Action Waiver.
14.6 Arbitration Rules, Procedures, and Costs
14.6.1 To initiate arbitration, the party desiring to pursue a legal dispute must prepare a written demand setting forth the claim(s) and deliver the written demand within the applicable statute of limitations period by hand or first class mail to Dash In representatives at 102 Centennial Street, La Plata, MD 20646. You and Dash In agree that the arbitration shall be administered by the American Arbitration Association (“AAA”) before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within thirty (30) days after names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by AAA. Except to the extent that they are modified by the rules below, if You are an individual person, the AAA Consumer Arbitration Rules that are in effect at the time of the filing of the demand (and that are available at https://www.adr.org/sites/default/files/Consumer_Rules_Web_0.pdf) will apply.
14.6.2 The parties agree that the applicable AAA rules are modified as follows:
(a) Any arbitrator must be neutral as to all parties. Standards for the recusal of an arbitrator shall be the same standards under which trial judges are recused under Texas law.
(b) No party is entitled to its attorneys’ fees, except as may be awarded in a matter authorized by and consistent with applicable law.
(c) All discovery shall be subject to any and all objections available under FRCP 26(b). Each party shall avoid broad or widespread collection, search, and production of documents, including electronically stored information (“ESI”). If a compelling need is demonstrated by the requesting party, the production shall: (i) be narrowly tailored in scope; (ii) only come from sources that are reasonably accessible without undue burden or cost; and (iii) be produced in a searchable format, if possible without undue burden or cost, and which is usable by the receiving party and convenient and economical for the producing party. Where the costs and burdens of the requested discovery outweigh its likely benefit, considering the needs of the case, the amount in controversy, and the importance of the discovery in resolving the issues, the arbitrator shall deny such requests or order production on condition that the requesting party advance to the producing party the reasonable costs involved in making the production, subject to the allocation of costs in the final award.
(d) The arbitrator shall have the authority to award the same damages and other relief that would have been available in court pursuant to the law governing the Covered Claim(s).
(e) Either party shall have the right to file motions to dismiss and motions for summary judgment/adjudication.
(f) The arbitrator shall have the authority to issue an award or partial award without conducting a hearing on the grounds that there is no claim on which relief can be granted or that there is no genuine issue of material fact to resolve at a hearing.
(g) The Federal Rules of Evidence shall apply to all arbitration proceedings.
(h) For discovery purposes only, an arbitrator may consolidate claims filed by multiple individuals, each on their own behalf, in a single arbitration proceeding, or may conduct a joint hearing for efficiency purposes, so long as the arbitrator does not (a) certify (conditionally or otherwise) a collective, class, or representative action that includes individuals who have not themselves already submitted their own individual claims, or (b) authorize the issuance of notice of the arbitration to individuals on the grounds that the arbitrator or any party believes there are other individuals who are similarly situated to or share commonality with a party to the arbitration.
(i) The arbitrator must issue a decision in writing, setting forth in summary form the reasons for the arbitrator’s determination and the legal basis therefor.
(j) The arbitrator’s authority shall be limited to deciding the case submitted by the parties to the arbitration. Therefore, no decision by any arbitrator shall serve as precedent in other arbitrations except to preclude the same claim from being re-arbitrated between the same parties.
(k) The parties may settle any dispute on a mutual basis without involvement of the arbitrator.
(l) If You initiate arbitration, You will pay the first $250, and Dash In will pay all other filing, administrative, or hearing fees. If the Dash In initiates arbitration, Dash In will pay all filing, administrative, and hearing fees. Regardless of which party initiates arbitration, You will remain responsible for Your attorneys’ fees and costs unless the law governing the Covered Claim provides for an award of attorneys’ fees and costs and the arbitrator determines as part of the arbitration award that You may recover a certain amount of attorneys’ fees and costs.
14.6.3 If any term or condition in this Arbitration and Class Action Waiver is determined to be unenforceable or in conflict with a mandatory provision of applicable law, it shall be construed to incorporate any mandatory provision , or the unenforceable or conflicting term or condition shall be automatically severed and the remainder of this Arbitration and Class Action Waiver shall not be affected. Provided, however, that if the Class Action Waiver is found to be unenforceable, then any claim brought on a class, collective, or representative action basis shall be adjudicated exclusively in the state and federal courts located in the City of Plano, Texas, which shall be the exclusive forum for such claims. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
14.6.4 If any portion of the above arbitration provision, other than the Class Action Waiver, is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. If a determination is made that the Class Action Waiver is unenforceable, only this sentence of the Arbitration Agreement will remain in force and the remaining provisions shall be null and void, provided that the determination concerning the Class Action Waiver shall be subject to appeal.