Your relationship with Blue Sky Compliance Solutions LLC ("Blue Sky Compliance") is governed by our Terms and Conditions of Use ("Terms of Use"), which is a legal agreement that you must sign and acknowledge prior to using our services.
Our Terms and Conditions provide that, if a dispute, controversy, or disagreement arising out of, or relating to, the formation, interpretation, performance or breach of the Terms of Use or in connection with conduct arising out of or relating to the Terms of Use exists between the parties to the Terms of Use (a "Dispute") then any party (the "Instituting Party") may submit the reasons for its position, in writing, to the other party (the "Other Party") and require the Other Party within thirty (30) days to submit the reasons for such Other Party's position, in writing, to the Instituting Party and to then enter into good faith negotiations to attempt to resolve the Dispute.
If the Dispute cannot be settled by good faith negotiation between the parties within ninety (90) days of the delivery of the first written or electronic correspondence in regard to such negotiation, then either party may require that the Dispute shall be submitted to and settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect, except to the extent modified herein. Any such arbitration proceeding shall take place in Atlanta, Georgia. The parties, within thirty (30) days of receipt of notice that the dispute has been submitted to arbitration, shall appoint one (1) arbitrator as may be agreed between the parties. If the parties cannot agree upon an arbitrator, said arbitrator shall be appointed by the American Arbitration Association. Judgment on the award rendered may be entered in any court having jurisdiction thereof. The arbitrator shall not be empowered to award punitive or exemplary damages.
After the Instituting Party and the Other Party have presented their positions on the merits to the arbitrator, the arbitrator will fix a date on which both parties may simultaneously exchange final proposed remedies, with copies to be promptly provided to the arbitrator. In addition, at any time ten (10) days after the Other Party files its first definitive answer or response, either party may serve upon the other and file with the arbitrator an amended proposed remedy, the intention of the parties being that the procedure of exchanges of proposed remedies foster amicable resolution.
Discovery will be liberally allowed by the arbitrator as contemplated by the Federal Rules of Civil Procedure, subject, however, to such limitations as the arbitrator determines to be appropriate under the circumstances, it being the parties' mutual desire to have a prompt and efficient arbitration, to be concluded, in any event, within 120 days of the initiation of such proceedings.
Notwithstanding any provision of the Terms of Use, or any law or regulation, the arbitrator's award, insofar as remedies, will be strictly limited to the final remedy sought or proposed by either (i) the Instituting Party or (ii) the Other Party, but not both. The arbitrator is not authorized to vary or modify the remedy sought or proposed by the prevailing party. In making his or her decision, the arbitrator will be bound by the Terms of Use. The arbitrator will not be required to make findings of fact or render opinions of law.
Unless, and only to the extent, mandatory arbitration is barred by a party's duly opting out of this Section, or validly prohibited or limited by applicable statute or regulation, except for interim relief before the arbitrator is appointed, no litigation or other proceeding may ever be instituted at any time in any court or before any administrative agency or body for the purpose of adjudicating, interpreting, or enforcing any of the rights, duties, liabilities, or obligations of the parties to the Terms of Use or any rights, duties, liabilities, or obligations relating to any Dispute subject to this Section, or for the purpose of adjudicating a breach or determination of the validity of the Terms of Use, or for the purpose of appealing any decision of an arbitrator, except a proceeding instituted for the purpose of having the award or judgment of an arbitrator entered and enforced.
Refund policies vary depending on the product or service you purchase. Refunds will not be issued after the requested service has been rendered. If a refund is requested, and we have begun the work associated with the payment but have not completed such work, then we may issue a partial refund, in our sole discretion. If we have not begun work and you request a refund of a payment associated with the uncommenced work, we will generally issue a refund back to you upon your timely written request for such refund. Any costs that we incur in delivering the services will not be refunded. If we overestimate the pass-through costs associated with a particular filing, we will refund you the overage charged. If we underestimate the pass-through costs associated with a particular filing, we will invoice you for the remaining balance.