Tagged Dispute Resolution Information
The Tagged Arbitration Provision
Tagged, Inc. ("Tagged") has provided for an arbitration provision in the Tagged Terms of Service in order provide an accessible and speedy dispute resolution process. The provision outlines a specific process that you and/or Tagged must follow to achieve resolution of all disputes. Please review the entire Arbitration Provision for details.
How Arbitration Works
Arbitration is 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 Tagged'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
Tagged 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 Tagged 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.tagged.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 Tagged Dispute Resolution Department
Prior to commencing arbitration proceedings you must provide Tagged 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, Tagged, Inc., 110 Pacific Ave Mall, Box #117, San Francisco, CA 94111. Retain a copy of the notice and documents for your records.
Work with Tagged to resolve the dispute
Tagged 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 commence arbitration proceedings.
Submit a Demand for Arbitration Form
You may commence arbitration proceedings by completing the Demand for Arbitration form and sending it tothe American Arbitration Association (AAA), with a copy mailed to Tagged. 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: http://www.adr.org/sp.asp?id=29070.
Upon the receipt of your Demand for Arbitration, AAA will send a confirmation letter to you and Tagged and allow Tagged 15 days to respond. AAA will then allow you and Tagged 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 Tagged 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, Tagged 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 Tagged pay your fees for you. Tagged 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 Tagged or the relief you are seeking in the arbitration as frivolous or brought for improper purpose you will need to reimburse Tagged for all monies paid by Tagged that are your obligation to pay under the AAA Rules.