Dispute Resolution & Arbitration

Legal · Disputes

Dispute Resolution & Arbitration

Almost every problem is solved by an email. For the rare one that is not, this page says exactly how it gets decided: informal notice first, then binding individual arbitration — and a 30-day window to opt out of that entirely.

Step one: 30-day informal notice
Forum: AAA, individual
Opt-out window: 30 days
Governing law: Florida

Read this section carefully. It affects your legal rights.

It requires most disputes between you and ICONTACTIC to be resolved by binding individual arbitration instead of in court, and it waives your right to a jury trial and to participate in a class action. You may opt out within 30 days and keep every right this section would otherwise limit. Opting out costs nothing and does not affect your orders, your warranty coverage or your ability to buy from us.

1. Informal resolution comes first

Before either of us starts an arbitration, the party with the complaint must give the other one written notice and 30 days to fix it. Most things end here.

Send a Notice of Dispute

Email support@icontactic.com with the subject line NOTICE OF DISPUTE, or mail it to Icontactic, 3661 South Miami Avenue, Miami, FL 33133, United States. Include your name, the email address and shipping address on the order, the order number, a description of the problem, and the specific relief you want.
We have 30 days

The 30 days run from the day the notice is received. During that period either side may ask for a phone call to work it out, and both sides should take it in good faith.
Only then, arbitration

If the dispute is still unresolved after 30 days, either side may start arbitration. A complete Notice of Dispute is a precondition to filing — an arbitration started without one can be paused or dismissed at either side’s request.

The statute of limitations and any arbitration filing fee deadline are tolled while the informal process runs.

2. Agreement to arbitrate

You and Icontactic agree that any dispute, claim or controversy arising out of or relating to your use of this website, your purchase or use of our products, our marketing and messaging, our policies, or the relationship between us — whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and whether it arose before, during or after the end of this agreement — will be resolved by binding individual arbitration rather than in court.

Term

Detail

Administrator

The American Arbitration Association (AAA), under its Consumer Arbitration Rules in effect when the claim is filed. Rules and forms: adr.org.

Arbitrator

One neutral arbitrator, who decides all issues except those expressly reserved to a court in this section.

Authority

The arbitrator may award any relief a court could award to you individually, and only relief that benefits you individually.

Award

Written, final and binding on both sides. Judgment on the award may be entered in any court with jurisdiction.

Governing act

The Federal Arbitration Act governs the interpretation and enforcement of this section.

Questions about whether a specific claim is subject to arbitration are for the arbitrator, except that the enforceability of the class action waiver in section 3 is decided only by a court.

3. Class action and jury trial waiver

You and Icontactic agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, coordinated, private attorney general or representative proceeding.

The arbitrator may not consolidate more than one person’s claims, and may not preside over any form of a representative or class proceeding.

You and Icontactic waive any right to a jury trial for any dispute covered by this section.

If a court decides this waiver is unenforceable as to a particular claim or a particular request for relief, that claim or request is severed and heard in court, and every other claim continues in arbitration.

4. What is not covered

Three things stay outside arbitration, for both of us equally.

Small claims court

Either side may bring an individual claim in a small claims court with jurisdiction, as long as it stays in that court and stays individual.

Intellectual property

Claims about trademarks, trade dress, patents, copyrights, or misappropriation of trade secrets may be brought in court.

Emergency relief

Either side may ask a court for temporary injunctive relief to prevent infringement or unauthorized use while an arbitration is pending.

Nothing in this section prevents you from reporting an issue to a federal, state or local agency, or from that agency seeking relief on your behalf where the law allows it.

5. How to opt out

You have 30 days from the date you first accept these terms to opt out of the arbitration agreement and the class action waiver. Opting out is free and permanent. It does not affect your order, your coverage, or anything else about being a customer.

SUBJECT LINE

ARBITRATION OPT-OUT

Use that exact subject so the message is routed and logged correctly. A different subject line risks it being handled as ordinary support mail.

SEND IT TO

Email or mail

Email support@icontactic.com, or write to Icontactic, 3661 South Miami Avenue, Miami, FL 33133, United States. Either channel counts; you do not need both.

INCLUDE

Enough to identify you

Your full name, the email address you used with us, your mailing address, and a clear statement that you are opting out of the arbitration agreement.

We confirm every opt-out.

If you do not get a confirmation from us within five business days, write again — a message that never arrived is not an opt-out that never happened, but a confirmation on the record protects you.

If you opt out, disputes between us are resolved in court under the law and venue in section 7, and section 3 does not apply to you. If you do not opt out within the 30 days, the arbitration agreement and the class action waiver apply.

6. How an arbitration actually runs

Item

Detail

Where

You may choose a hearing in the county where you live, by telephone, by video, or on written submissions only. We will not ask you to travel to us.

Small claims

For claims of $10,000 or less, you choose whether the arbitration is decided on documents alone, by telephone or video, or in person.

Fees

AAA’s Consumer Arbitration Rules govern who pays what. Where those rules allocate a filing fee to you that exceeds what you would pay to file in court, we pay the excess. If the arbitrator finds your claim frivolous, fees may be reallocated as the rules allow.

Attorney’s fees

Each side pays its own, unless a statute or the arbitrator’s award provides otherwise.

Records

The arbitrator issues a reasoned written decision explaining the findings and conclusions the award rests on.

7. Governing law and venue

These terms and any dispute between us are governed by the laws of the State of Florida and of the United States, without regard to conflict-of-law rules. This matches section 14 of our Terms of Service.

For any claim not subject to arbitration — because it falls under section 4, because you opted out under section 5, or because a court finds arbitration unenforceable — you and Icontactic consent to the exclusive jurisdiction and venue of the state and federal courts located in Miami-Dade County, Florida, and waive any objection based on inconvenient forum.

Nothing here deprives you of the protection of any mandatory consumer law of the state where you live that cannot be waived by agreement.

8. One year to bring a claim

Any claim arising out of or related to your use of the site or your purchase must be filed within one year after it arises, or it is permanently barred — except where a longer period is required by law that cannot be shortened by agreement.

9. Severability and survival

If any part of this section is found unenforceable, that part is severed and the rest stays in force — with the single exception written into section 3.
This section survives the end of your relationship with us, the closure of your account, and the fulfilment or cancellation of any order.
If we change this section, the change does not apply retroactively to a dispute for which a Notice of Dispute was already sent.
This section forms part of our Terms of Service. Where the two describe the same thing, they are meant to say the same thing; if they ever conflict, this page controls on dispute resolution.

Before any of this