Website Terms of Use

EBITDA20x reserves the right to investigate and prosecute suspected misconduct, violations of these Terms, and violations of applicable law to the fullest extent of the law, and to monitor and/or disable, or restrict access to or use of the Site by any user.

Disputes. The terms of this Section 11 apply to all Disputes between you and EBITDA20x. For purposes of this Section, “Dispute” means any dispute, claim, controversy, or action between you and EBITDA20x arising under or relating to your use of the Materials, these Terms, or subject matter related thereto, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and will be interpreted to have the broadest meaning allowable under applicable law. YOU AND COMPANY AGREE THAT “DISPUTE” AS DEFINED IN THIS AGREEMENT SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY COMPANY FOR: (1) TRADE SECRET MISAPPROPRIATION; (2) PATENT INFRINGEMENT; (3) COPYRIGHT INFRINGEMENT OR MISUSE; (4) TRADEMARK INFRINGEMENT OR DILUTION; OR (5) ANY OTHER CLAIM FOR WHICH INJUNCTIVE RELIEF IS APPROPRIATE IN THE SOLE DISCRETION OF COMPANY.

Opt-Out. You may elect to opt out of the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section by sending a written notice to EBITDA20x at the EBITDA20x Notice Address within thirty (30) calendar days of your initial agreement to these Terms (including your first access to the Site or use of the Materials) that specifies: (1) your name; (2) your mailing address; and (3) your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section. If you opt out consistent with the procedures set forth above, all other provisions of these Terms will continue to apply.

Dispute Notice. In the event of a Dispute, you or EBITDA20x must first send the other party a notice of the Dispute that includes a written statement setting forth the name, address, and contact information of the party giving notice, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to EBITDA20x must be addressed to info@ebitda20x.com (the “EBITDA20x Notice Address”). The Dispute Notice to you will be sent to the most recent address we have on file or otherwise in our records for you, or by email if we do not have any such address on file. If you and EBITDA20x do not reach an agreement to resolve the Dispute within sixty (60) calendar days after the Dispute Notice is received, you or EBITDA20x may proceed to mediation as described in this Section. You and EBITDA20x will work in good faith to schedule the informal dispute resolution conference at a mutually convenient time. If you are represented by counsel, your counsel may participate in the informal dispute resolution conference, but you must also fully participate in such discussions. The arbitrator may dismiss any arbitration brought without first proceeding through the informal dispute resolution conference.

Mediation. If the parties cannot resolve the Dispute through the informal dispute resolution conference, the Dispute must first be submitted to non-binding mediation with a neutral third party before it may proceed to arbitration. The parties will negotiate in good faith to select the mediator, determine the appropriate terms for mediation (including costs), and schedule the mediation. The administrative fees associated with mediation will be negotiated between the parties, but you will not be required to pay any such fees that exceed those fees you would be required to pay if proceeding in a court with jurisdiction. Such fees also will not include attorneys’ fees and costs, if any, unless awarded during mediation. If the parties cannot agree to appropriate terms concerning mediation, the parties may proceed with arbitration under this Section.

Binding Arbitration. If mediation is unsuccessful, you and EBITDA20x agree: (1) to arbitrate all Disputes between you and EBITDA20x under this Section; (2) this Agreement memorializes a transaction in interstate commerce; (3) the Federal Arbitration Act (9 U.S.C. § 1, et seq.) governs the interpretation and enforcement of this Section (notwithstanding the choice-of-law provision contained herein); and (4) that this Section will survive termination of these Terms. BY AGREEING TO ARBITRATION, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in small claims court or an equivalent court of limited jurisdiction if the action is within that court’s jurisdiction and is pending only in that court.

WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND COMPANY AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR MULTI-PARTY PROCEEDING, INCLUDING CLASS ACTIONS OR CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AND COMPANY AGREE THAT NO DISPUTE SHALL PROCEED BY WAY OF CLASS ARBITRATION WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES.

MASS ACTION WAIVER. You and EBITDA20x agree that any Dispute between you and EBITDA20x will be resolved only in an individual arbitration under this Section. You and EBITDA20x expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a Mass Action, as defined below, and neither an arbitrator nor an arbitration provider will have any authority to hear, arbitrate, or administer any Mass Action or to award relief to anyone but the individual in arbitration, unless otherwise provided in this Section. “Mass Action” includes instances in which you or EBITDA20x are represented by a law firm or collection of law firms that has filed 25 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on your or EBITDA20x’s behalf, and the law firm or collection of law firms seeks to simultaneously or collectively administer or arbitrate all arbitration demands in the aggregate. Notwithstanding this Section, nothing prevents you or EBITDA20x from participating in a mass settlement of claims.

Special Master Appointment. If there is a dispute concerning the Mass Action Waiver, the parties agree to resolve such dispute before a special master, procedural arbitrator, or similar decision-maker appointed under the applicable arbitration rules and agreed to by the parties. The special master, procedural arbitrator, or similar decision-maker will have authority to resolve disputes concerning: (i) filing fees owed with respect to any Mass Action; (ii) whether this arbitration agreement has been followed; (iii) whether claimants are barred from proceeding with a Mass Action; (iv) any dispute relating to the representation of the same claimant by multiple law firms; (v) any dispute regarding discovery common to all claims; and (vi) any disputes regarding legal or factual issues common to all claims. If the special master, procedural arbitrator, or similar decision-maker determines that a claimant violated the Mass Action Waiver, either party will have the opportunity to opt out of arbitration within thirty (30) days of the decision. You may opt out of arbitration by providing written notice to info@ebitda20x.com. EBITDA20x may opt out of arbitration by sending written notice of its intention to the arbitration provider and to you or your attorney, agent, or representative. For the avoidance of doubt, the ability to opt out of arbitration at this stage in the proceedings applies only if the special master, procedural arbitrator, or similar decision-maker determines that a claimant violated the Mass Action Waiver. If the parties proceed with arbitration, the parties agree to the batching procedures below.

Batching. After proceedings before the special master, procedural arbitrator, or similar decision-maker have concluded, and to the extent any Mass Actions are permitted to proceed, the parties agree that Mass Actions will be batched into groups of no more than 200 demands per batch using criteria determined by the arbitration provider or agreed by the parties. The parties shall inform the arbitrator of the batches and their composition within thirty (30) days after the conclusion of proceedings before the special master, procedural arbitrator, or similar decision-maker. The arbitration provider shall treat each batch of claims as one case, with each case having one demand for arbitration, one appointed arbitrator, and one set of administrative documents and filing fees per batch. The parties shall randomly assign sequential numbers to each batch, and only one batch shall proceed to arbitration at a time in the order of the random sequential numbers. A separate arbitrator will be appointed to, and administrative and filing fees assessed for, each batch as the batch proceeds to arbitration.

Arbitration Procedure. If a party elects to commence arbitration, the arbitration will be administered by the American Arbitration Association (AAA) and governed by the applicable AAA rules to the Dispute; except AAA may not administer any multiple-claimant or class arbitration, as the parties agree that arbitration is limited to the resolution only of individual claims. If there is a conflict between the AAA rules and the rules set forth in these Terms, the rules set forth in these Terms will govern. All Disputes will be resolved by a single neutral arbitrator, and both parties will have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by these Terms. The arbitrator, and not any court, tribunal, agency, or other authority, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms is void or voidable. The arbitrator may grant whatever relief would be available in a court under applicable law or in equity. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

Hearing Format. Unless otherwise agreed, the arbitration shall take place in Manhattan, in the state of New York, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses). In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which any award is based. During the arbitration, the amount of any settlement offer made by EBITDA20x or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or EBITDA20x is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.

Arbitration Fees. The AAA rules will govern payment of filing fees and the AAA’s arbitrator’s fees and expenses. In addition, if the Dispute involves less than $75,000, and before initiating arbitration, you complied with all pre-arbitration requirements in this Section, then we will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and any reasonable expenses (not including any attorney fees or expert witness fees or related costs that your attorney accrued in connection with your individual arbitration).

Amendments to this Section. Notwithstanding any provision in these Terms to the contrary, you and EBITDA20x agree that if EBITDA20x makes any material amendments to the dispute resolution procedure or class action waiver provisions in these Terms, EBITDA20x will notify you and you will have thirty (30) calendar days from the date of notice to affirmatively opt out of any such amendments by sending a written letter to the EBITDA20x Notice Address that specifies: (1) your name; (2) your mailing address; and (3) your request to opt out of such amendments. If you affirmatively opt out of any future amendments, you agree that you will arbitrate any Dispute between us in accordance with the language of this Section as stated in these Terms, without any of the proposed amendments governing. If you do not affirmatively opt out of any future amendments, you will be deemed to have consented to any such future amendments.

Severability. If any provision in this Section is found to be unenforceable, that provision shall be severed, and the remainder of these Terms will remain in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of these Terms.

Governing Law. These Terms and any Dispute, including the interpretation of the Arbitration agreement contained herein, will be governed by New York law, without regard to conflict-of-laws principles, except to the extent any applicable arbitration law requires otherwise.

Exclusive Venue for Other Controversies. EBITDA20x and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Section, other than an individual action filed in small claims court or an equivalent court of limited jurisdiction, shall be filed only in the federal and state courts of the state of New York, city of Manhattan, and each party irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts or forum for any such controversy.