Terms & Conditions

14.1 Good Faith Negotiation

• In the event of any dispute, claim, or controversy arising out of or relating to this Agreement, ABA services, billing, or the relationship between the parties (“Dispute”), the parties agree to first attempt to resolve the matter in good faith.     

• The party asserting the Dispute shall provide written notice describing the issue in reasonable detail.

• The parties shall make reasonable efforts to resolve the Dispute through informal discussions within thirty (30) days following such notice

14.2 Mediation Requirement

• If the Dispute is not resolved through informal negotiation, the parties agree to submit the Dispute to non-binding mediation before a mutually agreed-upon mediator located in Clark County, Nevada.

• Each party shall be responsible for its own attorneys’ fees and costs associated with mediation.​

• The fees and expenses of the mediator shall be shared equally unless otherwise required by law.

​14.3 Binding Arbitration

• If the Dispute remains unresolved following mediation, the matter shall be submitted to final and binding arbitration.

• Arbitration shall be conducted in Clark County, Nevada before a single neutral arbitrator and administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, unless the parties mutually agree to a different arbitration provider.

• The arbitrator shall have the authority to award any remedy or relief available under Nevada law. Judgment upon the arbitration award may be entered in any court of competent jurisdiction within Clark County, Nevada.

14.4 Exclusions

• The following matters are expressly excluded from mandatory arbitration:

  • Claims seeking temporary, preliminary, or permanent injunctive or equitable relief

  • Complaints, investigations, or actions involving the Nevada Board of Behavior Analysts

  • Any claim that, by law, cannot be required to be arbitrated

• Notwithstanding the foregoing, either party may seek temporary or preliminary injunctive relief from a court of competent jurisdiction in Clark County, Nevada before or during arbitration as necessary to protect its rights.

14.5 Fees and Costs

• Except as otherwise required under Nevada law, each party shall bear its own attorneys’ fees, expert fees, and related costs.

• The parties shall share equally the costs of the arbitrator and any administrative fees unless the arbitrator orders otherwise.

14.6 Waiver of Jury Trial

• By agreeing to this Dispute Resolution provision, both parties knowingly and voluntarily waive any right to a trial by judge or jury for any Dispute subject to arbitration.

14.7 Class Action Waiver

• Disputes must be resolved on an individual basis.

• Neither party shall bring or participate in any class, collective, representative, or mass action in connection with a Dispute.

14.8 Governing Law

• This Dispute Resolution provision and any arbitration conducted pursuant to it shall be governed by and interpreted in accordance with the laws of the State of Nevada and applicable federal law, without regard to conflict-of-law principles.