you have concerns or issues with us, we hope we can resolve them quickly and
amicably – you can contact us via a private support ticket at https://cohhc.gg/support.
However, we recognize that occasionally there might be legal disputes which are
not so easily resolved. In this section we explain what happens if there is a
Informal dispute resolution:
We and you both agree to make reasonable and good faith efforts to
resolve any dispute between us informally. Normally we would suggest that this
dispute resolution period lasts 30 days unless exceptional circumstances exist.
If it is not resolved during this time, the next steps depend on where you
live. If you are resident in the European Union, you may be entitled to submit
a complaint through the Online Dispute Resolution Platform operated by the
European Commission, details of which can be found at https://ec.europa.eu/consumers/odr/.
If we can't resolve a dispute with you informally, then this is what happens next.
IMPORTANT: IF YOU LIVE IN THE USA, PLEASE READ THE FOLLOWING SECTIONS CAREFULLY AS IT REQUIRES YOU TO ARBITRATE DISPUTES BETWEEN US ON AN INDIVIDUAL BASIS.
Dispute resolution next steps: if you live in the European Union
or elsewhere in the world (but not the USA):
You and we have the legal right to commence legal claims against
each other if we consider it necessary. If you bring a claim against Homecoming
Servers, you should address it to: Legal, Homecoming Servers LLC, 2349 US Hwy
70 SE, STE 267, Hickory, North Carolina, USA.
Dispute resolution next steps: if you live in the USA:
We and you agree to resolve all disputes and claims between us on
an individual basis through binding
arbitration, including without limitation any claims
arising from or relating to this Agreement, any part of the relationship
between you and us, or your use of the City of Heroes Services, except as set
forth under “Exceptions to Informal Dispute Resolution and Agreement to
Arbitrate” below. The US Federal Arbitration Act and federal arbitration law
applies to this agreement.
"Arbitration" is a consensual dispute resolution process
where both sides present their case to a neutral arbitrator rather than a judge
or jury. Arbitration is less formal than court litigation and review of an
arbitrator’s decision by a court is limited. To be clear: by choosing
arbitration you and we give up the right to have any dispute between us heard
in court before a judge and/or jury.
Individual Arbitration Only: You and
we agree that arbitration will be conducted only on an individual basis and not
as a class, consolidated or representative arbitration.
(b) How to
start an arbitration:
Either of us can commence
arbitration by filing an arbitration demand with the AAA that describes the
claim and desired remedy. Notice sent to Homecoming should
be sent by mail and by email. You or Homecoming
may bring an arbitration at any American Arbitration Association
(“AAA”) location within the United States.
rules for the arbitration:
The arbitration will be governed by the AAA under its Commercial
Arbitration Rules and, where applicable, its Consumer Arbitration Rules
(available at http://www.adr.org), as modified by this Agreement. The
arbitrator will be bound by this Agreement.
The arbitration shall be conducted in English by a single
arbitrator with substantial experience in intellectual property and commercial
contract disputes, selected pursuant to AAA rules.The
arbitration hearing may be conducted through the
submission of documents, by phone, or in person, and must commence within
thirty (30) days from the appointment of the arbitrator, unless otherwise
agreed by you and Homecoming. Judgment upon an award rendered by
the arbitrator may be entered in any court having jurisdiction or application
may be made to such court for judicial acceptance of any award and an order of
enforcement, as appropriate.
16.5. Exceptions to Informal Dispute Resolution and Agreement to
The dispute resolution and arbitration requirements do not apply
to claims or disputes that relate to claims of intellectual property rights
infringement or claims of Homecoming use, piracy, theft or misappropriation.
16.6. Limitation on Claims
You and Homecoming agree that,
regardless of any statute or law to the contrary, any claim arising out of or
related to the City of Heroes Services must be
made within one (1) year after the claim arose;
otherwise, such claim is permanently barred. You agree that these dispute
resolution and binding arbitration provisions will survive any termination of
your account or the City of Heroes Services.
you live in the USA or the rest of the world (but not the EU), you and we
agree not to bring any class action or similar collective legal action
against each other. We will resolve legal disputes with each other through
the process outlined above.
of collective action remedies:
To the maximum extent permitted by the national
or state law applicable, you and we agree not under any circumstances to bring
or participate in a class or representative action, private attorney general
action or collective arbitration in relation to the City of Heroes Services or
this Agreement. That means, to the full extent permitted by law:
(1) no arbitration shall be joined with any other; (2) there is no right or
authority for any dispute to be arbitrated on a class-wide basis or to utilize
class action procedures; and (3) there is no right or authority for any dispute
to be brought in a purported representative capacity on behalf of the general
public or any other persons.
If the previous paragraph is found illegal or
unenforceable for any reason, you and Homecoming agree that any class,
representative private attorney general action claim or dispute will be
resolved in court.