Terms of Service

A. Informal Dispute Resolution: Before initiating any formal legal proceeding, you and CrossBorderFiler agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services informally for a period of at least thirty (30) days by contacting support@crossborderfiler.com.

B. Binding Individual Arbitration; Documents-Only Procedure: If the dispute is not resolved within 30 days, any claim or controversy arising out of or relating to these Terms or the Services shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, as modified by the procedures below and subject to paragraph (iv). This selection reflects the intended purchase and use of the Services by CPA firms, law firms, and other professional practices for business purposes. A single neutral arbitrator shall decide the dispute. The parties expressly agree to vary the otherwise applicable procedures to provide for the document-only process below, regardless of the amount in dispute. To the extent permitted by applicable law and mandatory AAA administration requirements, these agreed procedures control over inconsistent default procedures in the Commercial Arbitration Rules, including the Procedures for Large, Complex Commercial Disputes. The parties agree to the following procedures to the fullest extent permitted by applicable law and the requirements for AAA administration:

(i) Written submissions only; no in-person hearing. The arbitration shall be decided solely on written submissions, supporting documents, and written witness declarations exchanged with the other party. There shall be no in-person, telephone, or video evidentiary hearing or oral argument. Each party shall have a reasonable opportunity to review and respond to the other party’s submissions. Procedural communications shall be handled in writing where permitted by the AAA.

(ii) Document exchange only; no other discovery. Discovery shall be limited to the exchange of relevant, nonprivileged documents. No depositions, interrogatories, requests for admission, inspections, or other discovery shall be permitted, subject only to paragraph (iv). Document requests must identify specific documents or narrowly defined categories material to the disputed issues and be proportionate to the amount and issues in dispute. The arbitrator shall set reasonable limits on electronic searches, production burdens, and duplicative requests, and may enter protective orders for confidential information.

(iii) Schedule and decision. Document exchange shall be completed within 45 days after appointment of the arbitrator, unless an extension is required under paragraph (iv). The arbitrator shall set reasonable deadlines and length limits for written submissions and issue a reasoned written award. Judgment upon the award may be entered in any court having jurisdiction. These Terms do not adopt the AAA Optional Appellate Arbitration Rules; any review rights provided by applicable law remain available.

(iv) Required exceptions and preserved rights. The AAA shall determine any dispute about which of its rules or fee schedules applies. If the AAA determines that its Consumer Arbitration Rules or Consumer Arbitration Fee Schedule must apply to a particular dispute, those requirements shall apply notwithstanding the commercial designation above. Marketing to professional firms or identifying an account as a business account does not waive protections that otherwise apply. If applicable law or the requirements for AAA administration require additional discovery, a hearing, or an extension to permit a fair presentation of a claim or defense, the arbitrator may authorize only the departure necessary to meet those requirements and shall explain the reasons in writing. Any required hearing shall be remote unless an in-person hearing is required by applicable law or the requirements for AAA administration. To the fullest extent permitted by applicable law and mandatory AAA administration requirements, both parties waive the right to bring or maintain any claim covered by this arbitration agreement in any court, including small claims court or any other state or federal court, and waive trial before a judge or jury. The parties agree to resolve all such claims exclusively through binding individual arbitration under this section. This waiver does not prevent a party from seeking a court order to compel arbitration or enforce this arbitration agreement, seeking confirmation or enforcement of an arbitration award, or seeking judicial review, vacatur, modification, or correction of an award to the extent provided by applicable law. It also does not waive court access or claims that cannot lawfully be subjected to mandatory arbitration, or a small-claims option required by mandatory AAA consumer protections. Nothing in this section restricts communications with a government agency or eliminates nonwaivable remedies or statutory attorneys’ fees. Arbitration fees and their allocation shall follow the applicable AAA requirements and law. Any conflicting procedural restriction shall be modified only to the extent necessary to comply with those requirements.

C. Class Action Waiver: YOU AND CROSSBORDERFILER 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, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any class or representative proceeding.