hi5 Dispute Resolution Information
The hi5 Arbitration Provision
hi5 Inc. ("hi5") has provided for an arbitration provision in the hi5 Terms of Service in order provide an accessible and speedy dispute resolution process. The provision outlines a specific process that you and/or hi5 must follow to achieve resolution of all disputes. Please review the entire Arbitration Provision for details
How Arbitration Works
Arbitration is a resolution method used as an alternative to resolving a dispute in court. It is considered to be time and cost effective. An arbitration proceeding is commenced upon filing a dispute with a neutral third party. Throughout the process, both parties are given the opportunity to present their case and provide supporting evidence. Arbitration hearings are brief and less formal than court proceedings. The arbitrator reviews the dispute and all information provided by the parties and makes a decision in the case. Arbitration awards are binding on both parties and subject to very limited review by the courts.
Arbitration proceedings filed under hi5's Arbitration Provision will be administered by the American Arbitration Association ("AAA") and will be conducted using the AAA Commercial Arbitration Rules and Mediation Procedures and the AAA Supplementary Procedures for Consumer-Related Disputes. Arbitrators are independent third parties who hear evidence and decide the outcome of the case. They are independent contractors and not employees of AAA. Arbitrators are carefully selected for their expertise and trained extensively by the AAA. In consumer cases, the AAA appoints an arbitrator who is an attorney, unless the parties agree otherwise.
How to Commence Arbitration Proceedings
hi5 is committed to ensuring member satisfaction. We ask you to first contact our Customer Experience team with any disputes, as they may be able to quickly resolve any concerns. The hi5 Customer Experience team is dedicated to the review and resolution of member complaints. You can submit your complaint directly by filling out the following form http://www.hi5.com/support.html. You will receive a ticket number for your submission and a Customer Experience team member will respond to your concern.
If you have not been able to reach a satisfactory resolution of your dispute with the Customer Experience department, you may take the following steps to commence arbitration:
- Submit a Notice of Dispute to the hi5 Dispute Resolution Department
- Work with hi5 to resolve the dispute
- Submit a Demand for Arbitration Form
- Pre-Hearing Process
Prior to commencing arbitration proceedings you must provide hi5 with a formal notice of your claim by submitting a Notice of Dispute. You must legibly complete the notice in its entirety and attach any documents that support your claim. Once you have completed the notice, please send it by certified mail to: Dispute Resolution Department, hi5 Inc., 101A Clay St, Box #117, San Francisco, CA 94111. Retain a copy of the notice and documents for your records.
hi5 will have 30 days from the receipt of your Notice of Dispute to review and propose a resolution. Please cooperate with the representative assigned to your case so that you may be able to reach an acceptable resolution. However, if within 30 days of the receipt of your notice we are not able to resolve your dispute to your satisfaction, you may complete the Demand for Arbitration form and commernce arbitration proceedings.
You may commence arbitration proceedings by completing the Demand for Arbitration form and sending it to the American Arbitration Association ("AAA"), with a copy mailed to hi5. A copy of the Demand for Arbitration can be found by going to the AAA website. Please be sure to follow the instructions and complete the form in its entirety. Please see the AAA website for current filing fees and mailing address, https://www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425&revision=latestreleased.
Upon the receipt of your Demand for Arbitration, AAA will send a confirmation letter to you and hi5 and allow hi5 15 days to respond. AAA will then allow you and hi5 to choose an arbitrator from a list of parties chosen from the National Roster.
The hearing will allow you a chance to discuss the case and provide the necessary information to the arbitrator. All Arbitration hearings shall take place exclusively in San Francisco County, CA. However, if the relief you are seeking is $10,000.00 or less, you may choose whether arbitration is conducted solely on the basis of the documents submitted to the arbitrator, through telephone hearing, or by an in-person hearing, as established by AAA rules.
After the hearing you and hi5 may have one last chance to submit additional documentation, if permitted by the arbitrator. Otherwise, the arbitrator will make a decision and notify both parties.
The arbitrator will close the case and issue a decision, including the amount of the award to be paid, if applicable.
You can check the AAA website for current arbitration fees. If the relief you are seeking is $10,000.00 or less, hi5 will reimburse your Arbitration fee upon submission of the appropriate paperwork, as described in the Terms of Service. If you are seeking relief of $10,000.00 or less and are not able to pay all or part of the arbitration filing fee you may be eligible to have hi5 pay your fees for you. hi5 will also pay all administration fees and arbitrator fees for the arbitration. However, if an arbitrator in such an action finds that either the substance of your dispute against hi5 or the relief you are seeking in the arbitration as frivolous or brought for improper purpose you will need to reimburse hi5 for all monies paid by hi5 that are your obligation to pay under the AAA Rules.