Arbitration Clause
Last updated: March 2026
Agreement to Arbitrate
You and Memory Banx agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through binding individual arbitration, rather than in court.
Exceptions
This arbitration agreement does not apply to:
- Claims that qualify for small claims court.
- Actions to enforce intellectual property rights.
- Emergency injunctive relief to prevent imminent harm.
Arbitration Process
- Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.
- Arbitration will take place in the county where you reside, or by phone/video if both parties agree.
- The arbitrator's decision will be final and binding.
No Class Actions
You agree to resolve disputes only on an individual basis. You waive the right to participate in class actions, class arbitrations, or representative proceedings.
Opt-Out
You may opt out of this arbitration clause by sending written notice to legal@memorybanx.io within 30 days of creating your account. The notice must include your name, email, and a clear statement that you wish to opt out.
Severability
If any part of this arbitration clause is found unenforceable, the remaining parts remain in effect. If the class action waiver is found unenforceable, the entire arbitration clause is void.