Terms of Sale Agreement for trade-in or sale of device

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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY INCLUDE A BINDING, INDIVIDUAL ARBITRATION REQUIREMENT AND CLASS-ACTION WAIVER. BY USING THE ifixpros.com WEBSITES (THE "WEBSITES") OR SERVICES (THE "SERVICES"), YOU AGREE TO BE BOUND BY THESE TERMS.

 

1. About These Terms

These terms govern all transactions between you and iFix, including:

• Selling your electronic devices ("Products") to iFix.

• Purchasing electronic devices ("Products") from iFix.

These terms, along with the terms governing your use of the iFix Websites and Services, and any supplemental terms or policies that accompany a specific transaction, feature, or application (collectively, the "Agreement"), make up an agreement between you and iFix. You acknowledge that this Agreement is in electronic form and has the same force and effect as an agreement in writing.

 

2. Requirements for Selling and Trade-In.

To complete a transaction with iFix, you must:

• Be over eighteen (18) years of age and have the legal capacity to enter into agreements and to convey title and interest in any Product.

• Create an account with iFix (for selling Products only).

• Provide true, up-to-date, and accurate information about yourself and any Product you submit to iFix or purchase from iFix.

• In order to process payment, you must provide an accurate email and address.

• Comply with all terms and conditions of this Agreement.

• Comply with all applicable laws and regulations.

• Product cannot be stolen

• Transact on behalf of yourself and not on behalf of others.

iFix reserves the right to suspend or terminate any account and/or any transaction at any time in its sole discretion.

Payment and Return Information

• Selling Products: You will receive payments for Products by check. You must provide accurate contact information for receiving payment. iFix is not responsible for communication errors due to inaccurate information.

• Buying Products: You agree to pay all charges incurred by you or on your behalf through the Websites, at the prices in effect when such charges are incurred. iFix accepts major credit cards and debit cards.

• Returns: iFix offers a 30-day domestic return policy for up to 5 Products per customer, per calendar year. You are responsible for return shipping costs. A restocking fee of $15 per Product may apply.

 

3. Product Availability and Eligibility

iFix determines, in its sole discretion, which Products are eligible for purchase or sale through the Websites and Services. iFix reserves the right to cancel any Purchase and refund any applicable purchase price actually received by iFix at any time prior to delivery of the Product to You.

 

4. Condition Definitions

iFix uses 3 basic Product conditions to grade Products for purchase or sale, ranging from iFix Certified Excellent to iFix Certified Fair. More specific condition definitions specific to the category and/or type of Product may be included on the iFix website and serve as the effective condition definition for that product. Condition definitions are subject to change at iFix's discretion.

 

5. Product Valuation

All offers for selling Products to iFix will be based on iFix's own determination of the Product value in reliance on the accuracy of the information you supply. iFix will use its discretion to determine the Product value, weighing factors that may include the Product's model, functionality, condition, and whether necessary Product accessories have been provided by you.

 

6. Fitness for Sale; Carrier Network and Internet Service

You must have all right, title, and interest in any and all Products you sell to iFix. The Products and the sale and shipment of such items to iFix must comply with all applicable laws and regulations. You represent and warrant that the Products are free of any liens or encumbrances. It is your responsibility to discontinue Carrier, Internet and/or any similar service on your Product prior to selling it to iFix. iFix reserves the right to recycle all stolen devices. 

 

7. Sending Your Product to iFix

When packaging your Product, be sure to include all materials included in your description when iFix calculated your offer. Failure to include any items may impact the final value of your Product.

 

8. Removing Data From Your Product

It is your responsibility to back up and remove any data you wish to keep from your Product before sending it to iFix. iFix is not responsible for any data loss. By sending iFix the product, you agree to release us from any claim as to the Product, the data stored in such Product, or any information on any media used in conjunction with the Product and which you send to iFix, or for such data's security, integrity, confidentiality, disclosure of use. 

 

9. Product Inspection; Offer Recalculation

Your Product must be received by iFix within 30 days after you accept the original offer (the "Delivery Period") or the offer will automatically expire. Follow iFix shipping instructions to avoid any delays in transit. iFix has the option to accept or reject the Product modified in such a way that it no longer conforms to the original factory specifications, any Product no longer complies with applicable laws or regulations and/or any product damaged or lost in transit. If iFix rejects the Product for any of these reasons, the original offer automatically expires and is rescinded. iFixit reserves the right to revoke the original offer and provide a revised offer for the Product if the Product and/or materials are not as described, the Product is received by iFIx after the Delivery Period, and/or iFix receives Product(s) that are different from those identified when your offer was calculated.

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10. Recalculated Product Offers after Inspection

In the event iFix recalculates the offer it provided for the Product after it has been received and inspected for Trade-In, as described above, you shall have the option of accepting or rejecting the new offer. If you accept the new offer, you will be paid in normal course and in accordance with these service terms. If you reject the new offer, iFix will return the Product to you at the address from which it was originally sent. iFix will give you a period of fifteen (15) days after iFix presents you with a recalculated offer via email at the address you provided to accept or reject the new offer (the “New Offer Period”). iFix will also remind you of the outstanding new offer two more times during the New Offer Period. However, if the new offer is neither affirmatively accepted nor rejected by you during the New Offer Period, the new offer will be deemed to have been accepted by you and you will be paid the new offer price in the normal course and in accordance with these service terms. For the avoidance of doubt, your acceptance of the original offer and/or any new offer is final and you may not change your mind later about accepting such offer.
 

11. Releasing Rights to Product

Once you send iFix your Product, iFix cannot and does not guarantee that it will be able to honor any request for return of the Product and/or any data or information contained in such Product. 

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12. Risk-Of-Loss

You remain responsible for the risk-of-loss for the Product sent to iFix until delivery. You are responsible for any damages that may occur to your Product while in transit. iFix is responsible for risk-of-loss when it opens the packaging containing your Product and ceases in the event iFix returns your product to you for any reason. For the avoidance of doubt, in such an event, risk of loss will be transferred to you once iFix delivers the package to the carrier for return to you and you will bear the risk-of-loss while the Product is in transit. If you return a Product to iFix that you Purchased, you are responsible for the risk-of-loss for the Product until iFix receives the Product. You are responsible for any damages that may occur to the Product while in transit back to iFix.

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13. Passing of Title

Title to the applicable Product sent to iFix for Trade-In passes to iFix upon iFix ’s acceptance of the Product for the original offer or the new offer, as applicable. If there is a Return Circumstance, title shall not pass and shall remain with you.

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14. Promotions.

From time to time, and at iFix’s sole discretion, iFix may offer promotional programs as an incentive to customers. Promotions applicable to payments are applied as an increment to the final value of a customer’s Product, but they are not considered a change in that final value. Promotional programs have explicitly defined terms, including but not limited to, expiration, usage per person and per transaction, and other limitations and restrictions. Unless otherwise stated, promotions must be applied by you before checkout. For the avoidance of doubt, once checkout is completed, promotions cannot be applied to the same transaction. iFix reserves the right, in its sole discretion, to cancel or refuse promotions.

18. Accuracy of all Information.

iFix makes every effort to ensure the accuracy of all information you receive in relation to your Product. From time to time, however, there may be typographical errors, technical inaccuracies, pricing or other errors or omissions. As such, iFix reserves the right, at any time prior to payment, to: a) Correct an error. (b) Change the offer or cancel the Purchase prior to your receipt of the Product. In the event the Product has already been sent to iFix for Trade-In, the changed offer will become a New Offer subject to the processes set forth in Section 9 and Section 10. Otherwise, the changed offer will be a re-issued original offer, which you may accept or reject. (c) Void a transaction. If the Product was already sent to iFix, iFixwill be deemed to have rejected the Product resulting in a Return Circumstance subject to Section 12.

19. Privacy.

Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.

20. Electronic Notices and Transactions.

You agree to transact with us electronically, including without limitation, agreeing to terms and conditions or offering to sell your Product by electronic means. You authorize iFixto provide you with terms and important notices about iFix and your transactions to an email address you provide to us or by posting notices on an applicable page (or my account area) on www.ifixpros.com. It is your duty to keep your email address accurate and up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with us, you may no longer use the iFix Websites. You can retrieve and review this Agreement by clicking on the "Legal" link at www.ifixpros.com.

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23. No Warranties. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE THE IFIX SERVICES AND WEBSITES "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE," WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. WE DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY. WE MAKE NO REPRESENTATIONS THAT YOUR TRANSACTIONS WITH IFIX WILL MEET YOUR REQUIREMENTS.

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25. Limited Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IFIX OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS OR CONTRACTORS (COLLECTIVELY, THE "IFIXPARTIES") BE LIABLE FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO YOUR TRANSACTIONS WITH IFIX UNDER THIS AGREEMENT REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF IFIX AND THE IFIX PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE IFIX SERVICES AND IFIX WEBSITES EXCEED THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO US OR (II) $100. THE LIMITATIONS SET FORTH IN THIS AGREEMENT WILL NOT LIMIT OR EXCLUDE LIABILITY FOR OUR GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, MALICIOUS OR RECKLESS MISCONDUCT, OR FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH THE IFIX SERVICES.

26. Indemnity.

You agree to indemnify, defend, and hold harmless iFix and the iFix Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your violation or breach of any terms under this Agreement. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.

27. Entire Agreement/No Waiver.

This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. The captions are used only as a matter of convenience and are not to be considered a part of this agreement or be used in determining the intent of the parties to it. No waiver by iFix of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. 

28. Correction of Errors and Inaccuracies.

The iFix Websites and any correspondence related to a transaction may contain typographical errors or other errors or inaccuracies and may not be complete or current. iFix therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. iFix does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.

29. Modification.

iFix reserves the right to modify this Agreement at any time. If you do not agree to the changes, you may discontinue using the iFix Websites and/or the iFix Services. Your continued use of any iFix Website and/or iFix Services after any such changes take effect constitutes your acceptance to such changes. Each time you submit a Product for sale to iFix, you reaffirm your acceptance of this Agreement as in effect at the time of such use. You are responsible for reviewing this Agreement each time you use the iFixWebsites and/or the iFix Websites. The Agreement is and will be located at www.ifixpros.com. The last date this Agreement was revised is set forth below.

30. Dispute Resolution; Binding Arbitration. PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND IFIX TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND IFIX FROM SUING IN COURT OR HAVING A JURY TRIAL.  YOU AND IFIX AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. IFIX AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.  THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING THEIR DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF ANY PARTY'S CLAIMS. FOLLOW THE INSTRUCTIONS BELOW, IN SECTION 30(K), IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT.
 

• a. Claims This Section Applies To. The dispute resolution and binding arbitration terms in this Section 30 apply to all Claims between you and iFix. A “Claim” is any dispute, claim, or controversy (excluding those exceptions listed below) between you and iFix, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that either party wishes to seek legal recourse for and that arises from or relates to this Agreement, the iFix Services or Products, including any privacy or data security claims or claims related to the validity, enforceability, or scope of the arbitration requirement or any portion of it.
  b. Informal Dispute Resolution Prior to Arbitration. If you have a Claim against iFix or if iFix has a Claim against you, you and iFix will first attempt to resolve the Claim informally in order to try and resolve the Claim faster and reduce costs for both parties. You and iFix will make a good-faith effort to negotiate the resolution of any Claim for 30 days, or such longer period as mutually agreed in writing (email suffices) by the parties, (“Informal Resolution Period”) from the day either party receives a written notice of a dispute from the other party (a “Claimant Notice”) in accordance with this Agreement.
  You will send any Claimant Notice to iFix by certified mail addressed to iFix, 4300 Main St. Suite 400, The Colony, TX 75056 or by email to hello@ifixpros.com. iFix will send any Claimant Notice to you by certified mail or email using the contact information you have provided to iFix. The Claimant Notice sent by either party must (i) include the sender’s name, address, email address, and telephone number; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought.
  The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. You or iFix cannot proceed to arbitration before the end of the Informal Resolution Period. If you or iFix file a Claim in court or proceed to arbitration without complying with the requirements in Section 30, including waiting until the conclusion of the Informal Resolution Period, the other party reserves the right to seek relief from a court to enjoin the filing and seek damages from the party that has not followed the requirements in this Section to reimburse it for any arbitration fees and costs already incurred as a foreseeable consequence of that breach.
  The statute of limitations and any filing fee deadlines for a Claim will be tolled for the duration of the Informal Resolution Period for that Claim so that the parties can engage in this informal dispute-resolution process.
  c. Claims Subject to Binding Arbitration; Exceptions. Except for individual disputes that qualify for small claims court (provided that the small-claims court does not permit class or similar representative actions or relief) and any disputes exclusively related to the intellectual property or intellectual property rights of you or iFix, including any disputes in which you or iFix seek injunctive or other equitable relief for the alleged unlawful use of your or iFix’s intellectual property or other infringement of your or iFix’s intellectual property rights (“IP Claims”), all Claims, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 30(b) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.
  d. Binding Individual Arbitration. Subject to the terms of this section, Claims may only be settled by binding individual arbitration conducted by National Arbitration and Mediation (“NAM”), https://namadr.com, according to the Federal Arbitration Act, 9 U.S.C. § 1, et seq., (“FAA”) and according to NAM’s Comprehensive Dispute Resolution Rules and Procedures in effect at the time the Claim arose (the “Rules”), as modified by this Agreement.
  If NAM notifies the parties in writing (email suffices) that it is not available to arbitrate any Claim, then that Claim may only be settled by binding individual arbitration conducted by American Arbitration Association (“AAA”), https://www.adr.org. For Claims that must be arbitrated by AAA, if you are a “Consumer,” meaning that you only use the iFix Services for personal, family or household purposes, the then-current version of the AAA’s Consumer Arbitration Rules are the Rules applicable to Claims between you and iFix as modified by this Agreement. For Claims that must be arbitrated by AAA, if you are not a Consumer, the then-current version of the AAA’s Commercial Arbitration Rules and Mediation Procedures are the Rules applicable to Claims between you and iFix as modified by this Agreement.
  This Agreement affects interstate commerce, and the enforceability of this Section 30 will be substantively and procedurally governed by the FAA to the extent permitted by law. As limited by the FAA, this Agreement, and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or iFix to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence).
  e. Arbitration Procedure and Location. You or iFix may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing a demand for arbitration with NAM in accordance with the Rules (or with AAA in accordance with the Rules if applicable pursuant to Section 30(d)).
  Instructions for filing a demand for arbitration with NAM are available on the NAM website or by calling NAM at 800-358-2550, and instructions for filing a demand for arbitration with AAA are available on the AAA website or by calling AAA at 800-778-7879. You will send a copy of any demand for arbitration to iFix by certified mail addressed to iFix, 4300 Main Street Suite 400, The Colony, TX 75056  or by email to hello@ifixpros.com. iFix will send any demand for arbitration to you by certified mail or email using the contact information you have provided to iFix.
  The arbitration will be conducted by a single arbitrator in the English language. You and iFix both agree that the arbitrator will be bound by this Agreement.
  For Claims in which the claimant seeks less than USD $10,000, the arbitrator will decide the matter solely based on written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For Claims in which the claimant seeks USD $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings will be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is required and you reside in the United States, the hearing will take place in New York, New York, unless the arbitrator determines that this would pose a hardship for you, in which case the in-person hearing may be conducted in the claimant’s state and county of residence. If you reside outside the United States, the site of any in-person hearing will be determined by the applicable Rules.
  The arbitrator (not a judge or jury) will resolve all Claims in arbitration. Unless you and iFix agree otherwise, any decision or award will include a written statement stating the decision of each Claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.
  An arbitration award, and any judgment confirming it, apply only to that specific case; it cannot be used or offered as precedent in any other case except to enforce the award itself unless the parties agree prior to issuance of the award. Any arbitration decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.
  f. Arbitration Fees. Each party will be responsible for arbitration fees in accordance with the applicable Rules and this Agreement.
  g. Frivolous or Improper Claims. To the extent permitted by applicable law, a claimant must pay all costs incurred by the defending party, including any attorney’s fees, related to a Claim if an arbitrator determines that (i) the Claim was not warranted by existing law or by a nonfrivolous argument or (ii) the Claim was filed in arbitration for any improper purpose, such as to harass the defending party, cause unnecessary delay, or needlessly increase the cost of dispute resolution.
  h. One Year to Assert Claims. To the extent permitted by law, any Claim by you or iFix against the other must be filed within one year after such Claim arises; otherwise, the Claim is permanently barred, which means that you or iFix will no longer have the right to assert that Claim.
  i. Confidentiality. If you or iFix submits a Claim to arbitration, you and iFix agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of discovery in the arbitration. You and iFix agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration.
  j. Coordinated Filings. If 25 or more Claimant Notices are received by a party that raise similar claims and have the same or coordinated counsel, these will be considered “Coordinated Claims” and will be treated as mass filings or multiple case filings according to the Rules, if and to the extent Coordinated Claims are filed in arbitration as set forth in this Agreement. You or iFix may advise the other of your or iFix's belief that Claims are Coordinated Claims, and disputes over whether a Claim meets the definition of “Coordinated Claims” will be decided by the arbitration provider as an administrative matter. To the extent either party is asserting the same Claim as other persons and are represented by common or coordinated counsel, that party waives any objection that the joinder of all such persons is impracticable.
  Coordinated Claims may only be filed in arbitration as permitted by the process set forth below. Applicable statutes of limitations will be tolled for Claims asserted in Coordinated Claims from the time a compliant Claimant Notice has been received by a party until this Agreement permits such Coordinated Claim to be filed in arbitration or court.
  
  Initial Bellwether: The bellwether process set forth in this section will not proceed until counsel representing the Coordinated Claims has advised the other party in writing (email suffices) that all or substantially all the Claimant Notices for the Coordinated Claims have been provided.
  
  After that point, counsel for the parties will select 30 Coordinated Claims to proceed in arbitration as a bellwether to allow each side to test the merits of its arguments. Each side will select 15 claimants who have provided compliant Claimant Notices for this purpose, and only those chosen cases may be filed with the arbitration provider. The parties acknowledge that resolution of some Coordinated Claims will be delayed by this bellwether process. Any remaining Coordinated Claims shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those Claims, unless and until they are selected to be filed in individual arbitration proceedings as set out in this Section 30(j).
  
  A single arbitrator will preside over each Coordinated Claim chosen for a bellwether proceeding, and only one Coordinated Claim may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.
  
  Mediation: Once the arbitrations that are part of the bellwether process have concluded (or sooner if the claimants and the other party agree), counsel for the parties must engage in a single mediation of all remaining Coordinated Claims, with the mediator's fee paid half by iFix and half by the other parties. Counsel for the claimants and the other party must agree on a mediator within 30 days after the conclusion of the last bellwether arbitration. If counsel for the claimants and the other party cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter. All parties will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed.
  
  Remaining Claims: If the mediation process concludes with 100 or more unresolved Coordinated Claims remaining, any party to a remaining Coordinated Claim may elect to no longer have the arbitration requirement in this Section 30 apply to all remaining Coordinated Claims for which a compliant Claimant Notice was received by the other party but that were not resolved in the bellwether process or global mediation. To be effective, such an election must be communicated in writing (email suffices) to counsel for the opposing party within 30 days of mediation concluding. Coordinated Claims released from the arbitration requirement must be resolved in accordance with Section 31.
  
  If the mediation process concludes with fewer than 100 Coordinated Claims remaining or if no party makes a timely election as provided for in the previous paragraph, the arbitrator will randomly select 50 Coordinated Claims (or the total remaining amount if less than 50) to proceed in arbitration as a second batch. The arbitrator will randomly select eligible claimants who have provided compliant Claimant Notices for this purpose, and only those chosen cases may be filed with the arbitration provider. Once all arbitrations in the foregoing process are complete, the parties will repeat this process until all Coordinated Claims have been arbitrated.
  
  If Coordinated Claims released from the arbitration requirement are brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in Coordinated Claims for which a compliant Claimant Notice was received by the other party. Any party may contest class certification at any stage of the litigation and on any available basis.
  
  A court will have authority to enforce the bellwether and mediation processes defined in this section and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.
  
  k. Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted this Agreement by emailing hello@ifixpros.com. To be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration in order to be valid. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 31.
  l. Rejection of Future Arbitration Changes. You may reject any change we make to Section 30 (except address changes) by sending us notice of your rejection within 30 days of the change via email at hello@ifixpros.com or by certified mail addressed to iFix, 4300 Main Street Suite 400, The Colony, TX 75056 . Changes to Section 30 may only be rejected as a whole, and you may not reject only certain changes to Section 30. If you reject changes made to Section 30, the most recent version of Section 30 that you have not rejected will continue to apply.
  m. Severability. If any portion of this Section 30 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from this Agreement; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 30 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 30; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction, in accordance with this Agreement, and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 30 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 30 will be enforceable.

31. Applicable Law or Venue.

Any dispute arising from this Agreement, or your use of the iFix Services will be governed by and construed and enforced in accordance with the laws of Texas except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Texas or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration and cannot be heard in small claims court will be resolved in the state or federal courts in the County of Dallas, Texas.

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