Arbitration & Dispute Resolution

Informal resolution, individual arbitration, class-action and jury-trial waivers, exceptions, and opt-out rights.

1. Acceptance and scope

This Arbitration and Dispute Resolution Agreement is incorporated into the MORT Terms. It applies only where a user or guardian received conspicuous notice and validly accepted the agreement. It covers disputes between a user and MORT arising from or relating to MORT, an account, marketplace activity, moderation, verification, privacy, security, communications, payments, subscriptions, safety tools, content, suspension, deletion, or the relationship with MORT, under contract, tort, statute, regulation, common law, equity, negligence, misrepresentation, consumer law, or privacy law. It does not purport to govern a dispute solely between users.

2. Teen Users and guardians

MORT may require a parent or legal guardian to separately accept this Agreement before specified Teen User functionality is enabled. No provision claims to bind a minor where applicable law makes the agreement unenforceable. Unenforceability as to one person does not automatically invalidate an otherwise enforceable agreement with a separate adult, guardian, or business.

3. Mandatory informal dispute resolution

Before starting arbitration or covered litigation, a claimant must send a written Notice of Dispute to mortapp.help@gmail.com with subject LEGAL NOTICE, providing the claimant's name, MORT account information sufficient to identify the account, relevant guardian information if applicable, facts, dates, alleged harm, requested relief, and signature or authorized-representative signature. The parties will attempt in good faith to resolve the matter for 60 days. Either side may request a telephone or video settlement conference. Limitation periods are tolled during this period where required by law.

4. Individual arbitration

If unresolved, covered disputes will be resolved through binding individual arbitration administered by the American Arbitration Association (“AAA”) under the applicable Consumer Arbitration Rules where those rules apply. The Federal Arbitration Act governs this Agreement to the maximum extent applicable. Arbitration has different discovery and appellate procedures from court.

5. Court questions and arbitrator authority

The arbitrator decides the merits of arbitrable claims and issues delegated to the arbitrator by enforceable law and agreement. A court decides whether an agreement was actually formed, whether a person validly opted out, and any question that applicable law requires a court to decide.

6. Class, collective, and representative waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY MAY BRING COVERED CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN A PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL PROCEEDING. This clause does not eliminate public injunctive relief or another remedy that applicable law does not permit MORT to waive.

7. Jury-trial waiver

For covered claims lawfully subject to arbitration, the parties waive trial by jury. For a covered claim that lawfully remains in court, each side waives a jury only to the extent such waiver is enforceable.

8. Small-claims exception

Either side may bring an individual qualifying dispute in small-claims court while the matter remains within that court's jurisdiction.

9. Government, regulatory, and reporting rights

Nothing prevents a person from filing a complaint with or cooperating with a government agency, regulator, law-enforcement agency, child-protection authority, or emergency service. Government enforcement authority is not waived.

10. Emergency and protective relief

Nothing prevents legally permitted emergency court relief concerning imminent physical harm, child exploitation, serious cybersecurity harm, destruction of evidence, or comparable irreparable harm, nor appropriate intellectual-property relief where permitted.

11. Sexual assault and sexual harassment

Nothing eliminates a person's election under applicable federal law, including 9 U.S.C. chapter 4, to proceed in court for a dispute relating to sexual assault or sexual harassment where that law applies.

12. Fees and hearing format

AAA filing, administration, and arbitrator fees will be allocated under applicable AAA consumer rules and law, and MORT will pay amounts it is required to pay. Hearings may occur by documents, telephone, video, or another format permitted by the rules and law. Any in-person hearing will occur at a legally appropriate location.

13. Non-public proceedings

Arbitration proceedings should be non-public to the extent permitted by law and applicable rules. This does not prohibit disclosures reasonably necessary to a lawyer, guardian, witness, expert, insurer, auditor, regulator, law-enforcement agency, or court, and does not prohibit legally protected reporting.

14. Coordinated and mass filings

If substantially similar individual claims are coordinated by the same or related counsel, applicable AAA mass-arbitration rules and lawful procedures may apply. Nothing in this section authorizes class arbitration.

15. 30-day arbitration opt-out

You may opt out within 30 days after first accepting this Arbitration Agreement. Email mortapp.help@gmail.com with subject ARBITRATION OPT OUT and include the account email or username, full name, a clear statement that you opt out of the MORT Arbitration Agreement, and the date. A legally authorized guardian may submit an opt-out concerning a Teen User where applicable. Opting out of arbitration alone will not terminate access to MORT.

16. State-law remedies

Nothing in this Agreement waives a remedy that applicable state law makes nonwaivable. In particular, California public injunctive relief that cannot lawfully be waived in every forum remains available in the forum required by law.

17. Changes

Material changes receive conspicuous notice and, where appropriate or required, affirmative re-acceptance and a new opt-out opportunity. MORT does not rely on silent retroactive changes to capture a dispute that arose before an amendment where law forbids that result.

18. Severability and survival

If a provision is unenforceable, enforceable portions remain effective to the maximum extent permitted by law. A claim that cannot lawfully be arbitrated may be severed while arbitrable claims proceed where permitted. This Agreement survives account termination or deletion to the extent enforceable.