HARD CALL ARBITRATION AND DISPUTE RESOLUTION POLICY 

1. INTRODUCTION AND PURPOSE 

1.1 This Arbitration and Dispute Resolution Policy ("Policy") describes the procedures for resolving disputes between HARD CALL LLC, organized and operating from the Commonwealth of Massachusetts ("Hard Call," "we," "us," or "our"), and Users (as defined below) arising out of or relating to the Hard Call communication-processing platform, websites, applications, and related services (collectively, the "Services"). 

1.2 This Policy is drafted to be enforceable in U.S. federal and state courts and to withstand scrutiny by regulators and external counsel. It is intended to align with Applicable Law (as defined below), including the Federal Arbitration Act ("FAA"), state arbitration statutes, consumer protection laws, data protection frameworks (such as GDPR and CCPA/CPRA), and platform liability regimes (including Section 230 of the Communications Decency Act and the Digital Services Act) to the fullest extent permitted by law. 

1.3 This Policy supplements and is incorporated by reference into the Hard Call Terms of Service ("Terms"). In the event of a conflict between this Policy and the Terms regarding arbitration or dispute resolution, this Policy shall control to the extent it is more specific, unless Applicable Law requires otherwise. 

1.4 By accessing or using the Services, or by agreeing to the Terms that reference this Policy, you agree that most disputes between you and Hard Call will be resolved through binding individual Arbitration, rather than in court, and that you waive the right to bring or participate in class or representative actions, subject to the carveouts and opt-out mechanisms described in this Policy, to the fullest extent permitted by law. 

2. DEFINITIONS 

2.1 "Applicable Law" means all applicable federal, state, local, and international laws, regulations, and rules governing arbitration, consumer protection, privacy, accessibility, platform liability, and online services, including without limitation the FAA, ADA, GDPR, UK GDPR, CCPA/CPRA, COPPA, DSA, ECPA, CFAA, FOSTA-SESTA, state unfair and deceptive practices statutes, and Section 5 of the FTC Act. 

2.2 "User" or "you" means any individual or entity that accesses or uses the Services in any capacity, including Clients, Recipients who reply via the Services, Editors using internal tools, and visitors to Hard Call’s websites, whether or not they complete registration. 

2.3 "Dispute" means any claim, controversy, or disagreement between you and Hard Call arising out of or relating to the Services, the Terms, this Policy, any other referenced policy, communications with or through the Services, or any related relationship or transaction between you and Hard Call, whether based in contract, tort, statute, regulation, or any other legal or equitable theory, and whether arising before, during, or after the termination of the relationship. 

2.4 "Arbitration" means a binding dispute resolution process before a neutral arbitrator rather than a judge or jury, where the arbitrator has authority to issue an award that may be entered as a judgment in a court of competent jurisdiction, subject to limited judicial review under the FAA and Applicable Law. 

2.5 "Small Claims Court" means a state or local court of limited jurisdiction that permits individuals to bring relatively low-value claims on a simplified basis, as defined by the laws of the relevant jurisdiction. 

2.6 "Class or Representative Action" means any lawsuit, arbitration, or other proceeding in which one party seeks to represent or act on behalf of a group, class, or similarly situated persons, including class actions, collective actions, and private attorney general actions (except where such waivers are not permitted by Applicable Law). 

3. SCOPE OF THIS POLICY 

3.1 Except as expressly provided in Section 4 (Excluded Claims and Carveouts) and Section 6 (Small Claims Court Option), all Disputes between you and Hard Call shall be resolved exclusively through binding individual Arbitration under this Policy, rather than in court, to the fullest extent permitted by law. 

3.2 This Policy applies to Disputes regardless of when they arose, including Disputes that arose before you accepted the Terms or this Policy, and continues to apply after the termination of your relationship with Hard Call, to the extent permitted by law. 

3.3 This Policy applies broadly to Disputes concerning, without limitation: (a) use of the Services; (b) communications sent or received via the Services; (c) alleged failures of safety, privacy, or data protection; (d) accessibility or ADA-related claims; (e) alleged violations of state or federal consumer protection statutes; (f) billing, payment, and subscription issues; and (g) enforcement actions such as account suspension or termination, subject to non-waivable rights under Applicable Law. 

3.4 The arbitrator shall have exclusive authority to resolve threshold issues of arbitrability, including the scope, enforceability, interpretation, and applicability of this Policy and the Terms, to the fullest extent permitted by law, except that a court may determine the enforceability of the Class Action Waiver in Section 5. 

4. EXCLUDED CLAIMS AND CARVEOUTS 

4.1 Notwithstanding Section 3, the following categories of claims are not subject to mandatory Arbitration under this Policy, unless the parties mutually agree to arbitrate them: (a) individual claims brought in Small Claims Court that are within the court’s jurisdiction and remain in that court; (b) claims for injunctive or other equitable relief to protect Hard Call’s or its licensors’ intellectual property rights, trade secrets, or confidential information; and (c) certain statutory claims where pre-dispute arbitration agreements are prohibited or restricted by Applicable Law. 

4.2 Nothing in this Policy prevents you or Hard Call from seeking temporary, preliminary, or emergency injunctive relief from a court of competent jurisdiction to preserve the status quo, protect safety, or prevent irreparable harm, pending final resolution of the Dispute in Arbitration or court, as applicable. 

4.3 To the extent that Applicable Law in a given jurisdiction prohibits mandatory Arbitration of certain types of claims (for example, certain employment or consumer claims), this Policy shall be interpreted to require Arbitration of Disputes only to the extent permitted by such law, and any remaining claims shall be resolved in a court of competent jurisdiction as specified in the Terms. 

4.4 If any part of this Section 4 is held unenforceable as to a particular claim, that claim may proceed in court, but this shall not affect the arbitrability of any other claims between you and Hard Call. 

5. CLASS ACTION WAIVER AND REPRESENTATIVE ACTIONS 

5.1 To the fullest extent permitted by law, you and Hard Call agree that all proceedings to resolve Disputes will be conducted only on an individual basis, and not as a class, collective, consolidated, or representative action. You and Hard Call expressly waive any right to bring or participate in class actions, class arbitrations, or representative actions (including private attorney general actions), unless such waiver is prohibited by Applicable Law. 

5.2 The arbitrator shall not have authority to consolidate claims of multiple individuals, preside over any form of class or representative proceeding, or award relief for or against any person who is not a party to the Arbitration, except as may be required by non-waivable Applicable Law. 

5.3 If a court of competent jurisdiction determines that the Class Action Waiver in this Section 5 is unenforceable with respect to any particular claim, and that decision becomes final after all appeals are exhausted, then this Section 5 shall be severed from this Policy as to that claim, and such claim shall proceed in court rather than Arbitration. All other provisions and claims remain subject to Arbitration. 

5.4 Nothing in this Section 5 shall be interpreted to limit any non-waivable statutory rights regarding collective proceedings, but any such rights will be applied only to the extent required by the specific Applicable Law and only as to the claims and parties covered by that law. 

6. SMALL CLAIMS COURT OPTION 

6.1 Either you or Hard Call may elect to bring an individual claim in Small Claims Court, rather than in Arbitration, if the claim is within the jurisdictional limits of that court and is brought on an individual basis only. 

6.2 If either party files an eligible claim in Small Claims Court, and the claim remains in that court and is not transferred, removed, or appealed to a court of general jurisdiction, the small claims proceeding shall be the exclusive forum for resolution of that claim, subject to any appeals permitted by law. 

6.3 Filing a claim in Small Claims Court does not waive the right or obligation to arbitrate other Disputes that are not within the jurisdiction of Small Claims Court or that are not pursued in that forum. 

7. ARBITRATION RULES, FORUM, AND GOVERNING LAW 

7.1 Arbitration shall be administered by a reputable Arbitration provider (such as the American Arbitration Association or JAMS) under its applicable consumer or commercial rules in effect at the time the Arbitration is initiated, as modified by this Policy. If the selected provider is unavailable, the parties shall confer in good faith to select a comparable provider, and, failing agreement, a court of competent jurisdiction may appoint an arbitrator under the FAA. 

7.2 The FAA governs the interpretation and enforcement of this Policy and any Arbitration proceedings under it. To the extent the FAA does not apply, the laws of the Commonwealth of Massachusetts governing Arbitration and contracts shall apply, without regard to conflict of law rules, except where non-waivable local law requires otherwise. 

7.3 Unless the parties agree otherwise, the seat and place of Arbitration shall be in the Commonwealth of Massachusetts. However, the Arbitration provider’s rules may permit remote or virtual hearings, and, where required by Applicable Law, Users may participate from their home jurisdiction via video or teleconference, subject to the arbitrator’s case management orders. 

7.4 The arbitrator shall apply Applicable Law, including relevant federal, state, and international statutes governing privacy, consumer protection, platform liability, and safety, and shall honor valid claims of privilege and confidentiality recognized by law. 

7.5 To the fullest extent permitted by law, the arbitrator shall have authority to grant legal and equitable remedies, including injunctive relief, that would be available in a court of competent jurisdiction, subject to the limitations in the Terms and this Policy. 

8. INITIATING ARBITRATION AND PRE-ARBITRATION RESOLUTION 

8.1 Before initiating Arbitration, the party asserting a Dispute shall send the other party a written Notice of Dispute describing the nature and basis of the claim and the relief sought. Notices to Hard Call shall be sent to the postal and email addresses specified in Section 15 or the Terms. Notices to you may be sent to your last known email or mailing address associated with your Account or otherwise provided to Hard Call. 

8.2 Following receipt of a Notice of Dispute, the parties shall engage in good-faith negotiations to attempt to resolve the Dispute informally. Unless otherwise agreed, if the Dispute is not resolved within sixty (60) days after the Notice of Dispute is received, either party may commence Arbitration by filing a demand with the designated Arbitration provider. 

8.3 Compliance with the pre-Arbitration notice and negotiation requirements is a condition precedent to initiating Arbitration, except where imminent harm or legal deadlines require more immediate action. The arbitrator may stay or dismiss an Arbitration that is filed without meaningful compliance with this Section 8, unless enforcing such a requirement would be inconsistent with Applicable Law. 

8.4 Any applicable statutes of limitations shall be tolled during the pre-Arbitration negotiation period to the extent permitted by law, or the parties may agree in writing to toll or extend filing deadlines while they attempt to resolve the Dispute informally. 

9. ACCESSIBILITY, LANGUAGE, AND ACCOMMODATIONS 

9.1 Arbitration proceedings shall be conducted in English, unless otherwise agreed by the parties or required by Applicable Law. Where appropriate, translation or interpretation services may be used, and the costs of such services may be allocated by the arbitrator or as required by law. 

9.2 Individuals with disabilities may request reasonable accommodations in connection with Arbitration proceedings, including accessible formats for documents, adjusted schedules, or participation through accessible communication channels, consistent with ADA, state disability laws, and the Accessibility and ADA Compliance Policy. 

9.3 The Arbitration provider and the arbitrator shall, where reasonably feasible, conduct proceedings in a manner that is accessible to participants using Assistive Technologies, and the parties shall cooperate in good faith to implement accessibility accommodations required by Applicable Law. 

9.4 Hard Call’s obligations under privacy and data protection laws (including GDPR and CCPA/CPRA) remain in effect during Arbitration, and confidentiality measures will be applied to protect sensitive personal and health-related information presented in the dispute. 

10. COSTS, FEES, AND FEE-SHIFTING 

10.1 Arbitration filing fees, administrative fees, and arbitrator compensation shall be governed by the rules of the selected Arbitration provider and Applicable Law. To the extent required by consumer Arbitration rules or law, Hard Call may bear or advance a portion of such fees to prevent Arbitration from becoming cost-prohibitive for individual consumers. 

10.2 Each party shall bear its own attorneys’ fees and costs in Arbitration, except as otherwise provided in the Terms, this Policy, the rules of the Arbitration provider, or Applicable Law that expressly permits fee-shifting. The arbitrator may award attorneys’ fees and costs to the prevailing party where authorized by contract or statute, provided that any such award complies with consumer protection laws and is not unconscionable. 

10.3 If the arbitrator finds that a party’s claim or defense was frivolous, brought in bad faith, or intended to harass, the arbitrator may award reasonable costs and fees, including attorneys’ fees, against that party, to the extent permitted by law and consistent with consumer protection standards. 

10.4 Nothing in this Section 10 is intended to diminish mandatory fee-shifting rights provided by specific statutes (for example, certain civil rights or consumer protection laws), which will be applied by the arbitrator as required by such laws. 

11. CONFIDENTIALITY AND PRIVACY OF PROCEEDINGS 

11.1 Arbitration proceedings, including filings, evidence, and hearings, shall be private and confidential, except to the extent disclosure is reasonably necessary to conduct the Arbitration, enforce or challenge an award in court, comply with legal or regulatory obligations, or as otherwise agreed by the parties. 

11.2 Parties and the arbitrator shall protect sensitive information disclosed in the Arbitration, including personal, health, and communication data, in accordance with Applicable Law, the Privacy Policy, and any protective orders issued by the arbitrator. 

11.3 Hard Call may use aggregated or de-identified information derived from Disputes to improve safety, compliance, and the Services, provided that such use does not disclose personally identifiable information or confidential details of specific Arbitrations, except as permitted by law or by consent. 

11.4 To the extent the DSA, GDPR, or other frameworks require reporting or transparency about certain types of disputes or outcomes, Hard Call may provide anonymized or aggregated summaries that do not identify parties or reveal confidential settlement terms, except as required by law. 

12. ARBITRAL AWARDS, ENFORCEMENT, AND JUDICIAL REVIEW 

12.1 The arbitrator shall issue a written award stating the essential findings and conclusions on which the award is based. The award shall be final and binding on the parties, subject only to the limited grounds for vacatur, modification, or correction provided in the FAA and Applicable Law. 

12.2 Any court of competent jurisdiction may confirm, enter judgment upon, or enforce the arbitration award. The parties consent to the jurisdiction of state and federal courts located in the Commonwealth of Massachusetts for such purposes, except where non-waivable local law requires a different forum. 

12.3 Hard Call and you agree not to seek expanded judicial review of an arbitration award beyond those grounds available under the FAA or applicable arbitration statutes, to the fullest extent permitted by law. 

12.4 If a court vacates an award, the court may, if appropriate and consistent with Applicable Law, order a new Arbitration before a different arbitrator, rather than resolving the Dispute itself, except where the court determines that Arbitration is no longer enforceable as to the Dispute. 

13. STATUTE OF LIMITATIONS 

13.1 To the fullest extent permitted by law, any Dispute subject to this Policy must be filed in Arbitration or Small Claims Court (as applicable) within the statute of limitations period that would apply to such claim in a court of competent jurisdiction, or within two (2) years from the date the claim accrued, whichever is shorter, except where Applicable Law prohibits shortening the limitations period for particular claims. 

13.2 Failure to commence Arbitration or file in Small Claims Court within the applicable limitations period will bar the claim, and the arbitrator or court shall dismiss the claim as time-barred, unless Applicable Law requires a longer limitations period that cannot be waived or shortened by agreement. 

13.3 This Section 13 does not alter any statutory notice requirements or administrative exhaustion requirements that may apply to particular claims (for example, certain employment or civil rights claims), which must still be satisfied before Arbitration or litigation may proceed. 

14. RELATIONSHIP TO OTHER POLICIES AND PLATFORM LIABILITY REGIMES 

14.1 This Policy operates in conjunction with the Terms, Privacy Policy, Acceptable Use Policy, Data Retention and Deletion Policy, Contact and Complaints Policy, Accessibility and ADA Compliance Policy, and other referenced documents. Those documents may include additional dispute-related provisions that are consistent with and supplemented by this Policy. 

14.2 Nothing in this Policy is intended to waive or limit Hard Call’s protections under Section 230, DSA, DMCA safe harbors, or analogous platform liability frameworks for good-faith moderation, safety interventions, or content-handling decisions. 

14.3 Disputes involving alleged violations of privacy, data protection, or accessibility laws shall be resolved under this Policy while giving due consideration to the substantive rights and remedies provided by those laws, as interpreted and applied by the arbitrator or court of competent jurisdiction. 

14.4 If any conflict arises between this Policy and any mandatory provision of Applicable Law, the mandatory provision shall control for the specific issue, but the remainder of this Policy shall continue in full force and effect. 

15. MODIFICATIONS TO THIS POLICY 

15.1 Hard Call may update this Policy from time to time to reflect changes in Applicable Law, arbitration provider rules, or Hard Call’s Services. Material changes will be communicated in accordance with the Terms (for example, by updating the "Last Updated" date, posting notices in the Services, or sending email notifications). 

15.2 Unless otherwise required by law, changes to this Policy will apply to Disputes arising after the effective date of the updated Policy. For Disputes arising before the update, the version of this Policy in effect at the time the Dispute arose will generally apply, unless the parties mutually agree to apply a later version or a court or arbitrator determines that a later version must apply to comply with Applicable Law. 

15.3 If you do not agree with an updated version of this Policy, you shall stop using the Services. Continued use of the Services after the effective date of an updated Policy constitutes your acknowledgment of the changes, to the extent permitted by law. 

15.4 Hard Call may maintain historical versions of this Policy and related dispute resolution documentation as part of its governance, risk, and compliance records, which may be made available to regulators or courts under appropriate legal process. 

16. SEVERABILITY AND SURVIVAL 

16.1 If any provision of this Policy is found to be invalid, unenforceable, or illegal by a court of competent jurisdiction or an arbitrator, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect, except as provided in Section 5.3 regarding the Class Action Waiver. 

16.2 If the Arbitration agreement in this Policy is found to be unenforceable in its entirety as to a particular Dispute, then the parties agree that the Dispute shall be resolved exclusively in a court of competent jurisdiction as specified in the Terms, and the remaining dispute resolution provisions (including any forum selection and governing law clauses) shall continue to apply. 

16.3 Provisions of this Policy that by their nature should survive the termination of your relationship with Hard Call, including those relating to Arbitration, Class Action Waiver, confidentiality, statute of limitations, and enforcement of awards, shall survive indefinitely to the fullest extent permitted by law. 

17. CONTACT INFORMATION 

17.1 If you have questions or concerns about this Policy or wish to send a Notice of Dispute, you may contact us at: HARD CALL LLC, TWO LOWELL AVENUE, WINCHESTER, MA 01890, Attn: Legal and Dispute Resolution, and INFO@HARDCALL.COM. 

17.2 If GDPR or UK GDPR applies, you may also have the right to lodge a complaint with your local data protection authority. If CCPA/CPRA or similar U.S. state privacy laws apply, you may have additional rights described in the Privacy Policy, which you may exercise independently of this Policy, subject to any applicable Arbitration agreement. 

17.3 Hard Call will review and respond to dispute-related inquiries in good faith and in accordance with this Policy, the Terms, and Applicable Law, prioritizing safety, privacy, and the integrity of the Services.