Please read the following sections carefully because they require you to arbitrate certain disputes, claims, suits, actions, causes of action, demands or proceedings against Tempus that in any way arise out of or relate to the operation, or your use, of an App (“Disputes”) and limit the manner in which you can seek relief from us in such Disputes. For the avoidance of doubt, “Disputes” under this section does not include medical disputes, claims, suits, actions, causes of action, demands or proceedings that arise out of Test results by Tempus, even if the such dispute, claim, suit, action, cause of action, demand, or proceeding involves an App.
You agree that regardless of any statute or law to the contrary, any Dispute brought by you must be filed within one (1) year after such claim or cause of action arose, and that thereafter such claim or cause of action will forever be barred. You and Tempus agree to resolve disputes only on an individual basis, through arbitration pursuant to the sub-sections below.
You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Tempus are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and any other contractual relationship between you and Tempus.
You may decline this agreement to arbitrate by notifying Tempus in writing within thirty (30) days of first accepting these Terms to the following address: 600 W. Chicago Avenue, Chicago, IL 60654, Attn: Legal Department (“Notice Address”).
If you desire to assert a claim against Tempus, and you therefore elect to seek arbitration, you must first send to Tempus, by certified mail, a written notice of your claim (“Claim Notice”). The Claim Notice to Tempus should be addressed to the Notice Address. If Tempus desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Claim Notice to the most recent address we have on file or otherwise in our records for you. A Claim Notice, whether sent by you or by Tempus, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Tempus and you do not reach an agreement to resolve the claim within 30 days after the Claim Notice is received, you or Tempus may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Tempus or you shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award (if any). You may download or copy a form notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org.
Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. If, however, you are able to demonstrate that the costs of arbitration will be prohibitive for you as compared to the costs of litigation, Tempus will pay as much of the filing fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator decides that either the substance of your claim or the remedy you asked for is frivolous or brought for an improper purpose, then Tempus will use the AAA Rules to determine whether you or Tempus is responsible for the filing, administrative and arbitrator fees.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively,“AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the these Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms, including this arbitration agreement. Unless Tempus and you agree otherwise, any arbitration hearing will take place in Chicago, IL, USA. If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Tempus’ last written settlement offer made before an arbitrator was selected (or if Tempus did not make a settlement offer before an arbitrator was selected), then Tempus will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
YOU EXPRESSLY WAIVE ANY RIGHT TO BRING ANY ACTION, LAWSUIT, OR PROCEEDING AS AN INDIVIDUAL, CLASS OR COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER PROCEEDING BEFORE A COURT IN WHICH ANY PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT JUDGE OR JURY. YOU AND TEMPUS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Tempus agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
If this Dispute Resolution provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms and Conditions of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for Chicago, Illinois.
17. Conflict with AAA Rules