1. In the interest of resolving disputes between you and Wesley in the most expedient and cost effective manner, you and Wesley agree that any dispute arising out of or in any way related to these Messaging Terms and Conditions or your receipt of text messages from Wesley or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms and Conditions, or your receipt of text messages from Wesley whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS AND CONDITONS, YOU AND WESLEY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS AND CONDITONS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
2. Notwithstanding subsection (a) above, nothing in these Messaging Terms and Conditions will be deemed to waive, preclude, or otherwise limit the right of you or Wesley to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
3. Any arbitration between you and Wesley will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms and Conditions and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org
. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. If you or Wesley intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Wesley’s address for Notice is: Wesley, LLC, Attn: Legal, 9009 Carothers Parkway, Suite B3, Box 103, Franklin, TN 37067. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Wesley will make good faith efforts to resolve the claim directly, but if you and Wesley do not reach an agreement to do so within 30 days after the Notice is received, you or Wesley may commence an arbitration proceeding.