Dispute Resolution Terms

AdvanceCare Health Service (AHS) understands the importance of providing a fair and efficient process to address any issues arising during a transaction. We strive to ensure customer satisfaction and resolve disputes promptly and satisfactorily. Our policy for dispute resolution is designed to protect the interests of both buyers and sellers, promoting a positive and trustworthy online shopping experience.

In the event of a dispute, we encourage customers first to attempt to resolve the issue directly with the AHS. Open communication between the parties involved often leads to a swift resolution. Our platform provides messaging options to facilitate this process, allowing buyers and sellers to discuss and negotiate a mutually agreeable solution.

We offer a formal dispute resolution process if the dispute remains unresolved after direct communication. This process involves submitting a dispute claim through our website, where both parties can present their case and provide any supporting evidence. Our dedicated team will carefully review the information provided and make an impartial decision based on the available facts.

We may request additional information or clarification from both parties during the dispute resolution process to ensure fairness. We aim to resolve this within a reasonable timeframe, considering the complexity of the case and any external factors that may affect the process.

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute"; and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

INFORMAL DISPUTE RESOLUTION:
ACHS's informal procedure for dispute resolution aims to provide an open and transparent platform for resolving issues. This process allows both parties involved to engage in a constructive dialogue to reach a mutually satisfactory resolution.

To initiate the informal procedure, we encourage you to first communicate directly with AHS (Contact information provided under section 20 of Terms and Serviced) regarding the dispute, and direct conversation can help clarify any misunderstandings and resolve the matter without further escalation.

We recommend approaching the discussion with an open mind and a willingness to listen to the other party's perspective. If the initial conversation does not lead to a resolution, we suggest involving a neutral third party, such as a supervisor or mediator, who can facilitate the discussion and help find common ground. This unbiased individual can provide guidance and support to ensure both parties are heard and resolve the dispute fairly.

We encourage all parties to maintain a respectful and professional demeanor throughout the informal procedure. Focusing on the issue and working towards a beneficial solution for everyone involved is important.

BINDING ARBITRATION
If the Parties cannot resolve the dispute through the informal process, binding arbitration is a voluntary and consensual process where parties agree to submit their dispute to an impartial third party, an arbitrator. The Tennessee Uniform Arbitration Act and/or American Arbitration Association govern the arbitration procedure, which outlines the rules and regulations for conducting arbitration proceedings.

The arbitration process typically begins with the parties signing an arbitration agreement, which outlines the scope of the dispute, the rules governing the arbitration, and the arbitrator's selection. The agreement may also include provisions for appointing a panel of arbitrators or using a specific arbitration institution.

Once the arbitration agreement is in place, the parties present their case before the arbitrator. The arbitrator, who is usually an expert in the relevant field, will hear the arguments and evidence presented by both parties and render a binding decision, known as an arbitral award.

It is important to note that the arbitral award is enforceable in courts, and the losing party must comply with the decision rendered by the arbitrator. However, there are limited grounds for challenging an arbitral award, such as fraud, misconduct, or a violation of public policy.

The arbitration dispute resolution procedure offers several advantages, including confidentiality, flexibility, and efficiency. It allows parties to resolve disputes outside the court system, saving time and costs associated with traditional litigation.

RESTRICTIONS
The parties agree that any arbitration shall be limited to the dispute between the parties individually to the full extent permitted by the law (a) no arbitration shall be joined with any other proceedings (b) there is no right or authority for any dispute to be arbitrated on a class action basis or to be utilized in class action procedures, and (c) there is no right or authority for any disputes to be bought in purported representative capacity on behalf of the general public and other persons.

EXCEPTION TO INFORMAL NEGOTIATION AND BINDING ARBITRATION
The parties agreed that the following disputes are not subject to the above provision concerning informal negotiation binding arbitrations: (a) any dispute seeking to enforce or protect or concerning the visibility of any of the intellectual property rights of a party be (b) any dispute related to or arriving from an allegation of theft, privacy invasion of privacy or unauthorized used and see any (c) claims or injunctive relief if this provision is found to be illegal or unenforceable then either party will elect to arbitrate any dispute within that portion of this provision found to be illegal or unenforceable. Such disputes shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above at the parties agree to submit the personal jurisdiction of that Court.