ARBITRATION AND DISPUTE RESOLUTION POLICY
Hard Call Arbitration and Dispute Resolution Policy Effective Date: 05/27/2026
This Policy describes how disputes between you and Hard Call will be resolved. Please read it carefully — it includes a mandatory arbitration agreement with a 30-day opt-out, described below.
Informal resolution. Before initiating arbitration or filing in court, the parties agree to try in good faith to resolve any dispute through informal negotiation. To start the process, send written notice describing the dispute and the relief sought to legal@hardcall.com. The parties will have sixty (60) days from receipt of the notice to attempt to resolve the matter.
Mandatory arbitration. Except as set out below, any controversy or dispute arising between you and Hard Call concerning any transaction under, or the performance or breach of, the Terms of Service will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its then-applicable Consumer or Commercial Arbitration Rules, as appropriate. Judgment on the award may be entered in any court of competent jurisdiction.
30-day opt-out from arbitration. You may opt out of this arbitration agreement by sending written notice of your decision to opt out to legal@hardcall.com within thirty (30) days after the date you first agree to the Terms of Service. Your notice must include your name, the email address associated with your Hard Call use, and a clear statement that you do not wish to resolve disputes through arbitration. If you opt out, neither you nor Hard Call will be required to arbitrate; instead, disputes will be resolved in court as described under "Governing law and venue."
Arbitration procedure. Unless the parties agree otherwise, arbitration will be conducted by a single arbitrator. The seat of arbitration will be Boston, Massachusetts; the arbitrator may, where consistent with the AAA rules, conduct hearings by video or telephone. The arbitrator may award the same remedies that a court could award under applicable law, subject to the Limitation of Liability provisions of the Terms of Service.
Equitable relief. Nothing in this Policy prevents either party from seeking temporary or preliminary injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of that party's data security, intellectual property rights, or other proprietary rights.
Small-claims exception. Either party may bring an individual action in small-claims court for disputes within that court's jurisdiction.
Governing law and venue. All matters relating to the Terms of Service, the Website, and the Services, and any dispute or claim between you and Hard Call, are governed by the laws of the Commonwealth of Massachusetts and the United States, without regard to conflict-of-law rules. Judicial proceedings excluded from arbitration (or brought by a user who has timely opted out) must be brought in state or federal court located in Boston, Massachusetts, and both parties consent to venue and personal jurisdiction there.
Severability. If any portion of this Policy is found unenforceable, the remaining portions remain in full force and effect.
Changes. We will update the date at the top of this Policy and, for material changes, provide notice as described in the Terms of Service. Changes to this Policy do not apply retroactively to disputes that have already accrued.
Contact. Dispute-related notices and opt-out notices should be sent to legal@hardcall.com.