Please read this carefully. It affects your rights. Breaking Solutions and you agree to arbitrate all disputes and claims (including ones that already are the subject of litigation) arising out of or relating to this Agreement, or to any prior oral or written agreement, for equipment, attachments, and other services (collectively, “Services”) between Breaking Solutions and you. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Intent to Arbitrate ("Notice"). The Notice to Breaking Solutions should be addressed to: Breaking Solutions Inc., Attn: Legal Department, 540 Tiffany Street, Bronx, NY 10474("Arbitration Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Breaking Solutions may commence an arbitration proceeding. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this Agreement. The arbitration shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and shall be administered by the AAA. The AAA Rules are available at www.adr.org or by writing to the Arbitration Notice Address. In the event the arbitrator finds in your favor, Breaking Solutions will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is improper or not warranted, as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), then the payment of all such fees shall be governed by the AAA Rules. In such case, you agree to reimburse Breaking Solutions for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In no event, however, may the arbitrator award you an amount greater than the monetary jurisdictional limit of the New York City Civil Court Small Claims Part at the time of your claim or such amount as has been last offered by Breaking Solutions in settlement of your claim, whichever is higher. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding and upon request from either party within 14 days of the arbitrator's ruling on the merits. You agree that, by entering into this Agreement, you and Breaking Solutions are waiving the right to a trial by jury. Unless Breaking Solutions and you agree otherwise, all hearings conducted as part of the arbitration shall take place in New York, New York. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. You and Breaking Solutions agree that YOU AND BREAKING SOLUTIONS MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, and not as a plaintiff or class member in any purported class or representative proceeding. Further, you agree that the arbitrator may not consolidate proceedings of more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be unenforceable, then the entirety of this arbitration clause shall be null and void.
Breaking Solutions Inc., 540 Tiffany Street, Bronx NY 10474. All rights reserved.
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Breaking Solutions, Inc.
325 Waverly Avenue
Mamaroneck, NY 10543
Tel: +1 (718) 991-3366
Fax: +1 (718) 991-3367