If you have a square space account like myself then you may be subject to an arbitration agreement and you may have waived your right to participate in a class action if things go bad. This is due to the fact that Square Space's Terms of Service include an extensive Arbitration Clause and a Class Action Waiver.
Why is Arbitration Terrible for Consumers: Arbitration is terrible for consumers because it is expensive, the rules of evidence usually favor the business, and the arbitrators know that if they rule in the consumer's favor then the business (squarespace) may not choose them as an arbitrator again. The consumer usually only has one case to arbitrate where squarespace may have hundreds or thousands of cases. In my experience, arbitrators will throw the business a bone on cases that are good for consumers. Sometimes it may be a reduced award (amount of money the consumer receives) other times the arbitrator will cut the award of the consumer's attorney fees. The big issue with arbitration can be cost. Many people cannot afford to pay the arbitrator's fees that can be thousands and thousands of dollars. SquareSpace chose to use "Jams" and this means that the consumer must pay $1500.00 to open their case with Jams plus the arbitrator must be paid an hourly rate. That is why you should OPT OUT OF ARBITRATION AND THE CLASS ACTION WAIVER.
How Do You Opt Out of the SquareSpace Arbitration Agreement? It is easy and takes two minutes at most. Here is what Squrespace requires as of September 27, 2016 (this may change in the future):
“6.3. Arbitration Opt-Out. You can decline this agreement to arbitrate by emailing us atarbitration-opt-out@squarespace.com within thirty (30) days of the date that you first agree to this Agreement (“Opt-Out Period”). Your email must be sent from the email address you use for your Account, and must include your full name, residential address and a clear statement that you want to opt out of arbitration. If you opt out of arbitration pursuant to this Section 16.3, then Sections 16.2, 16.4, 16.5 and 16.6 of these Terms do not apply to you. This opt-out doesn’t affect any other sections of the Terms, including without limitation Sections 16.8 (Judicial Forum For Disputes; Time For Filing), 16.9 (No Class Actions) and 17.2 (Controlling Law). If you have any questions about this process, please contact legal@squarespace.com. ”
That is it. If you have any questions about arbitration agreements feel free to call me at 503.224.1658. Ross Law is always happy to assist consumers that may have been ripped off. Please remember this post is not to be considered legal advice and may be considered ATTORNEY ADVERTISING. ALSO, PLEASE RELY ON SQUARESPACE'S TERMS AND CONDITIONS, as this post may be outdated.