Binding Arbitration Agreement

This Binding Arbitration Agreement ("Agreement") governs the resolution of any disputes that may arise between you and That Is A Q ("Company," "we," "us," or "our") related to our website, software services, digital products, consulting engagements, or any other interactions. By accessing, using, or purchasing any services from the Company, you acknowledge that you have read, understood, and voluntarily agree to be bound by the terms of this Agreement.

1. Scope of Agreement

This Agreement applies to any and all claims, disputes, controversies, or causes of action arising out of or relating to the existence, interpretation, performance, breach, termination, or validity of this Agreement, our Terms of Service, Privacy Policy, service agreements, invoices, or any other transaction between you and the Company. This includes disputes based on contract, tort, statute, fraud, misrepresentation, unfair business practices, or any other legal theory, whether arising under federal, state, or local law.

2. Agreement to Arbitrate

You and the Company expressly agree that any covered dispute shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitrator's decision shall be final and binding on both parties, and judgment on the award may be entered in any court having jurisdiction. The arbitration shall take place in the county where you reside or where the services were primarily performed, unless both parties mutually agree in writing to an alternative venue.

3. Class Action & Representative Waiver

You and the Company expressly agree that arbitration shall be conducted strictly on an individual basis. Neither party shall participate in a class action lawsuit, class-wide arbitration, private attorney general action, or any proceeding in which an individual acts as a representative, plaintiff, or class member on behalf of others. This waiver applies regardless of whether the claims are based on identical, similar, or different facts or legal theories.

4. Exceptions to Arbitration

Notwithstanding the foregoing, the following disputes shall not be subject to binding arbitration and may be pursued in court:

• Claims for injunctive or equitable relief related to the infringement, misappropriation, or unauthorized use of intellectual property, trade secrets, copyrights, trademarks, or confidential information.
• Individual actions brought in small claims court, provided the claims fall within the jurisdictional monetary limits of such court and are filed on an individual basis.
• Claims that applicable law determines cannot be resolved through arbitration.
• Disputes initiated by a government agency or regulatory body acting in its official capacity.

5. Arbitration Procedures

Any arbitration initiated under this Agreement shall be conducted in accordance with the AAA's current Commercial Arbitration Rules. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement. The arbitrator shall apply applicable substantive law and shall ensure that discovery is conducted on a limited basis appropriate to the scope and complexity of the dispute. Electronic document exchange and remote hearings may be utilized at the discretion of the arbitrator or by mutual agreement of the parties.

6. Governing Law

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement or any dispute arising from it.

7. Severability

If any provision of this Agreement is found by a court or arbitrator of competent jurisdiction to be unenforceable, invalid, or prohibited by law, that provision shall be modified or severed to the minimum extent necessary to comply with applicable law. The remaining provisions shall remain in full force and effect.

8. Contact & Legal Inquiries

By continuing to access or use the services, platform, or products of That Is A Q, you acknowledge that you have read, understood, and voluntarily agreed to be bound by this Binding Arbitration Agreement.