The Member Benefit Guide is your contract with us, subject to the following:
All disputes, claims and controversies between current or former Members and Coach-Net shall be settled totally and finally by arbitration in Dallas, Texas, or such other location as Coach-Net prescribes, and administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules.
There shall be one arbitrator who shall be an attorney who shall have expertise in business law transactions, and preferably an attorney knowledgeable in the direct selling industry. Coach-Net shall select the arbitrator at its sole discretion from the panel which the American Arbitration Association provides. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees. If a Member files a claim or counterclaim against Coach-Net, a Member shall do so on an individual basis and not with any other Member or as part of a class action. The arbitrator shall have the right in his or her discretion to authorize the obtaining of discovery, including the taking of depositions of witnesses for the purpose of discovery. The presentations of parties in the arbitration proceeding shall be commenced and completed within sixty (60) days after the selection of the arbitrator and the arbitrator shall render his or her decision in writing within thirty (30) days after the completion of such presentations. The decision of the arbitrator shall be final and binding on the parties and may, if need be, be reduced to a judgment in any court of competent jurisdiction.* At the request of any party, the arbitrator shall make and provide to the parties written findings of fact and conclusions of law. This agreement to arbitrate shall survive any termination or expiration of the Membership.
Nothing in this provision shall prevent Coach-Net from terminating a Membership or from applying to and obtaining from any court having jurisdiction injunctive or emergency relief prior to the filing of or during or following any arbitration proceeding or pending the handing down of a decision or award in connection with any arbitration or other proceeding. The adoption and/or modification of this arbitration provision shall not apply retroactively to any dispute which arose or which Coach-Net had notice of before the date of the adoption or modification.
* Residents of NV, MD, MS, and WY are excluded from this provision. In AR, arbitration procedures shall be voluntary and non-binding.