By using or accessing this website or mobile application, you expressly agree that any claim related to its accessibility under the Americans with Disabilities Act (ADA) or any other federal, state, or local accessibility law is subject exclusively to binding arbitration as detailed below.

Any dispute regarding the accessibility of this website or mobile application shall be resolved solely through mandatory arbitration. By using this website or mobile application, you expressly waive:

  • The right to file a lawsuit in any court.
  • The right to a jury trial.
  • The right to participate in any class-action lawsuit, group claim, or consolidated proceeding.
  • Any equitable relief beyond what is explicitly permitted in this agreement.

The arbitration process described herein is the exclusive remedy for any claim related to website or mobile app accessibility. The Owners and Operators of this website also agree to these terms.

2. Definitions

  • Owner/Operator: Just One Cookbook Corporation and its affiliates.
  • Website: www.justonecookbook.com, including all linked pages controlled by the Owner.
  • Mobile App: Any mobile application operated or controlled by the Owner.
  • You: Any individual using or accessing the Website or Mobile App.
  • Claimant: Any person asserting a claim under this agreement.
  • Party/Parties: Refers to You, the Owner, and/or the Operator.

3. Pre-Arbitration Notice & Mediation Requirement

A. Mandatory Pre-Arbitration Notice

Before initiating arbitration, You must provide written notice to the Owner, detailing:

  • A full description of the claim, including alleged accessibility barriers.
  • Specific dates and times of access attempts.
  • Any steps taken to resolve the issue prior to the claim.

Failure to provide this notice bars any claim from proceeding to arbitration.

B. Mediation Requirement

Before arbitration, the Parties must attempt to resolve the dispute through mediation administered by the American Arbitration Association (AAA) under its Commercial Mediation Procedures.

  • Just One Cookbook will cover mediation costs (excluding attorneys’ fees).
  • If the Claimant refuses mediation, their claim is immediately dismissed.

4. Arbitration Procedures & Limitations

A. Arbitrator & Governing Law

  • Arbitration will be conducted by a single arbitrator with expertise in website and mobile accessibility, appointed by the AAA.
  • Federal law applies to ADA claims; all other claims are governed by California law, unless another jurisdiction’s law prohibits such waiver.

B. Format & Discovery Restrictions

  • Arbitration will be conducted entirely through written submissions.
  • No in-person hearings, oral arguments, depositions, or witness testimonies will be permitted unless both Parties agree otherwise.
  • The arbitrator may allow brief telephonic conferences at their sole discretion.

C. Limited Discovery Rules

Claimant’s Submission (90 Days Before Decision)

Claimant must submit:

  1. A written expert report compliant with Rule 26(a)(2)(B) of the Federal Rules of Civil Procedure.
  2. A sworn statement including:
    • Full legal name and residence address.
    • Exact dates and times of all attempts to access the Website or Mobile App.
    • A detailed list of alleged barriers, including affected web pages and their impact.
    • A list of previous claims or lawsuits regarding digital accessibility.
    • A list of prior demand letters sent to other companies regarding website or app accessibility.
    • If alleging denial of goods/services, a description of the goods/services sought.

Owner’s Submission (45 Days Before Decision)

Owner/Operator may submit:

  1. A rebuttal expert report under Rule 26(a)(2)(B).
  2. A sworn statement from an authorized representative addressing Claimant’s allegations.

5. Decision & Remedies

A. Strict Standard for Accessibility Claims

The arbitrator may only rule in favor of the Claimant if:

  • The Claimant was denied meaningful access to the Website or Mobile App, and
  • The Owner failed to provide an equally effective alternative, and
  • No reasonable accessibility workarounds existed.

If a different legal standard applies, the arbitrator must explicitly state why before making a ruling.

B. Damages & Limitations

  • The arbitrator may only award damages expressly authorized by statute.
  • Punitive, consequential, and indirect damages are strictly prohibited.
  • Attorneys’ fees will not be awarded unless explicitly required by law.

C. Injunctive Relief

The arbitrator may order corrective action only for specific barriers proven to deny meaningful access. No general website redesigns or future compliance mandates may be imposed.

6. Confidentiality & No Public Disclosures

  • All arbitration proceedings, including filings, evidence, and rulings, are strictly confidential.
  • No Party may publicly disclose the existence or outcome of any claim without written consent from all Parties.
  • Violation of this confidentiality provision may result in legal penalties.

7. Finality & Non-Appealability

  • Arbitration decisions are final and binding.
  • No appeals or judicial reviews are permitted except as required by law.

8. Severability & Survival

  • If any provision of this agreement is deemed invalid, the remainder shall remain enforceable.
  • These arbitration terms survive any termination of website or app access.

9. Acceptance of Terms

By accessing or using the Website or Mobile App, You acknowledge and agree to all terms in this Arbitration Agreement. If You do not agree, do not use the Website or Mobile App.