We fund your digital marketing to help you grow

Growth capital that's faster and cheaper than banks, and lets you keep full ownership and control of your company

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TL;DR

We fund based on your business's metrics instead of your personal credit score. You pay us back over time based on an agreed percentage of your future sales.

Keep your equity, you've earned it.

Metcalfe's terms are pretty sweet

ConsiderationMetcalfeVCBankCrowdfunding
Give up equity in your companyNOYESNOYES
Cost of Capital6 - 10%Potentially millions 12-20%$30k + equity
Time to funding1 week6 Months to yearsWeeks/MonthsMonths
Likely to get fundedYESNONOMAYBE
Help from Marketing NetworkYESNONONO
Personal Guarantee/CollateralNONOYESNO
Personal/Business Credit ChecksNOYESYESNO

How it works

1. Sync

We automatically identify your key business metrics when syncing with your digital services you use to run your business- we won't ask for bank statements or credit scores.

2. Receive Offers

Based on your business metrics, we provide you three lump sum offers (think small, medium, large) to spend on marketing to grow your business.

3. Grow your business

You choose an offer and use the money to get new customers and grow your business. If you need help, we find the perfect marketer within our network to help maximize your ROI. We will continue to fund you as you grow.

Here's an Example

The Advance Amount

Let's say, based on our assessment of your business, we decide to advance you $100k to spend on marketing to grow your business

Imagine our fee is 6%, so you will owe us a total of $106k

The Payback Rate

You spend the $100k on marketing to acquire new customers and grow your business

You'll automatically pay us back a percentage of your daily sales (ex: 10%) at the end of every business day

The Payback Period

You pay us each business day until we are paid back a total of $106k (advance amount + fee)

The more sales you make, the faster you pay us off and the less you have remaining to pay us back

Use the money to get new customers and grow your business. If you need help, we'll find the perfect marketer for you to maximize your ROI.

Growth Network = Aligned Incentives

When we fund your digital marketing spend, you're able to get more customers to grow your business.

If you need help from our trusted and vetted marketers in our network, you get expert help and the marketer gets a new client.

Our marketers are incentivized to keep your business growing, so that we continue to fund you, and you continue to be able to remain their client.

The result: aligned incentives between us, marketers, and you, all trying to grow your business.

It's a Win Win Win!

The effect of marketing on your sales

Imagine you make $50k per month in sales, spending 20% ($10k) of it on marketing.

Month123456Total
Marketing Spend (Without Metcalfe)$10k$11k$12k$13k$14k$15k$75k
Monthly Sales (Without Metcalfe)$50k$55k$60k$65k$70k$75k$375k

Metcalfe gives you $48k in cash to continue to spend on marketing. You allocate the $48k over 6 months to marketing ($8k per month).

Month123456Total
Marketing Budget (With Metcalfe)$10k + $8k = $18k$19k$20k$21k$22k$23k$123k
Monthly Sales (With Metcalfe)$90k$95k$100k$105k$110k$115k$615k
Difference in Sales+80%+72%+67%+62%+57%+53%+64%

It's 2019- it's easier than ever to start a business, but you need to be actively marketing it to actually grow.

We'll give you the capital and the marketing resources to do it.

Built for Growing Businesses

Metcalfe funds your business based on your business metrics instead of your personal credit score. You pay us back over time based on an agreed percentage of your future sales.

Give us a call at (844) 299-1880 (M-F 8AM - 9PM ET) or email us anytime.

A Dream Come True for Marketing Agencies

"If I had the budget, I would" - Sound familiar?

We'll fund your leads marketing budgets without them leaving your site and without taking a cut.

Offering funding services to your clients is like gaining a super power.

"I'm obsessed with this approach! I was about to take a loan offer to fund my ecommerce business but I like this approach much better."

-Matt Sodnicar

Ecommerce store owner, IT professional, and startup podcaster

"Metcalfe's model of funding is attractive and makes a lot of sense. For startups already on the VC path, the fact that the cap table isn't affected is a major value-add."

-Jason Yashinsky

Former CTO and founding-employee at multiple Silicon Valley startups

"This is a very good idea. Introducing growing companies with marketers is a logical plan of action that should help many companies overcome their fear of marketing, prohibiting them from growing."

-Irwin Stein

Writer, speaker, issuer of over $500M in securities

Crowdfunding and securities expert, attorney for 40 years

Activate your growth mindset

Get funded, acquire customers, and grow

Metcalfe + Startups

The growth partner to rule them all

Funding for the 99%

You don't need to be a unicorn to get funded by us. Since we fund based on revenues instead of equity, you can be a horse, donkey, or even a zebra. We don't fund pigmy's though, sorry.

The minimum criteria to be eligible for funding is:
Minimum of six months in business.Minimum of $10,000 in monthly revenues.Your business is based in the United States.

A new investment structure to align incentives properly

Metcalfe's Structuralized Revenue Purchase (SRP) is an agreement where your business sells its future revenues to us without the need for collateral or equity.

Every day, a small fixed percentage of your daily revenues will automatically be withdrawn from your bank account. Somedays you'll pay more and some days less, depending on how many sales you made that day.

The SRP is designed to flow with the natural ups and downs of your business instead of forcing you to make fixed loan payments or be pressured to reach insane equity valuations.

Cap-table friendly

Since our SRP investment structure is not based on equity, Metcalfe is an excellent way to boost your business to reach your next milestone or funding round.

Instead of financing your company internally, utilize our fast and convenient funding process to get the money you need and get back to doing what you do best: being a leader and running your business.

"I'm obsessed with this approach! I was about to take a loan offer to fund my ecommerce business but I like this approach much better."

-Matt Sodnicar

Ecommerce store owner, IT professional, and startup podcaster

"Metcalfe's model of funding is unique and makes a lot of sense. For startups already on the VC path, the fact that the cap table isn't affected is a major value-add."

-Jason Yashinsky

Former CTO and founding-employee at multiple Silicon Valley startups

"This is a very good idea. Introducing growing companies with marketers is a logical plan of action that should help many companies overcome their fear of marketing, prohibiting them from growing."

-Irwin Stein

Writer, speaker, issuer of over $500M in securities

Crowdfunding and securities expert, attorney for 40 years

Expert Growth Marketers at your call

When we fund you, we want to help you spend your money with expert marketers who can help you immediately grow your business. That's why we strategically match you with the perfect marketers in our network who work in your budget range, specialize in your specific marketing needs, and are successful in your industry.

Our network of marketers have worked with hundreds of companies, including Microsoft, twitter, reddit, in addition to e-commerce successes like Chubbies and The Friendly Buttler.

Metcalfe + Agencies

An innovative way to get more customers

Quality leads sent to your agency

By joining our agency network, you'll get leads sent to you that have been pre-qualified for funding and that fit your ideal lead profile.

After you strike a deal with a lead, we will fully qualify them and fund them.

With our pre-qualification, both you and the lead can agree on terms and get to work faster.

Offer funding directly to your own leads and clients

"If only they had the budget".

Now they do.

By pitching our funding services to your clients, you can immediately acquire clients who previously couldn't afford you, making your agency more successful than its ever been.

A suite of tools to get you more customers

Announcement

Our nifty Announcement anchors itself in the bottom corner of your website on specific pages you set or on all pages. When clicked, it directs the visitor to a URL of your choosing (ex: a "Services" page).

The text and image can be customized, ensuring it matches the theme and tone of your existing site.

Form

Our minimalistic Form can be embedded directly into a page or invoked when a visitor clicks a button or link.

The Form is a simple but effective tool to hook visitors on your site. When a visitor submits a response, you will receive an email notification.

The form can be branded to fit in with your existing site to ensure maximum lead-generation.

Go live in minutes

Embed elements

Copy and paste just a few lines of code on your site to display the announcement and/or form.

Generate leads

Market our financing services to your clients. Drive traffic to your site and capture leads.

Qualify leads using our simple criteria.

Refer

Metcalfe doesn't take a cut of any leads you send us. Once their funded, we will send them right back to you.

So, how will you market your new super powers?

Use our services as a great hook to get a conversation startedWork our services into your own pitchIncorporate our services into some of your own marketing efforts or dedicated landing pageIntroduce us as your growth marketing funding partnerConduct a webinar or podcast, and invite us to be part of that webinar where we discuss the realities of growth challenges related to funding, and businesses holding off on doing needed marketing because of a lack of funding

"We get many leads that tell us they want to work with us but can't afford our services. They are either cash-strapped or in-between rounds. This is an awesome way to ensure those deals aren't left on the table."

-Justin Ellery

Startup Advisor and Growth Marketing Expert

"This all makes so much sense. I'm adding Metcalfe to our site and pitch deck. Thank you!"

-BeCurious Co

A full stack, infinitely curious, risk taking, creative design hub

"I'm building my custom landing page with your form on it. I can't wait to offer this service to my clients."

-Chad Holland

I help ☁ SaaS startups w/ demand generation, brand awareness, lead generation, and acquiring new customers at an A+ ROI

Join our growing Agency Network

Our Agency Network is designed to get you more customers: 1) we send you qualified leads and 2) enable you to offer our financing services to your clients with easy lead-generation tools.

Our Story

We're growing businesses in a new way.

Among our core team at Metcalfe, we've either been founders or early stage employees at roughly 10 startups. We've experienced first-hand the challenges of raising capital to grow a business, whether its pitching to investors, securing loans from banks, or running a crowdfunding campaign.



After considering the traditional funding methods we've used in the past, we first asked ourselves who the players were: companies looking to raise capital and investors willing to spend money. Next, we attempted to identify the loopholes: a surplus of companies, a deficit of investors, and most importantly, a lack of dependable structure linking the two together to facilitate a mutually beneficial deal. Why the loopholes? VCs turn down deals because their business model demands high-risk/high-reward equity investments that are only found in Unicorns. Banks turn down loans because they require low-risk investments backed by sufficient collateral. With Crowdfunding, a pool of people pre-order your product or buy your shares and don't know what to expect!



It was clear to us that there was a demand for a new structure, and this is why we created Metcalfe.

Metcalfe's product is the Structuralized Revenue Purchase (SRP), a new investment model designed to fund your online business's growth by aligning the needs of investors with the needs of entrepreneurs looking to grow their business. The SRP is an investment vehicle based on revenue sharing, which helps you grow without requiring you to give up equity, provide personal credit scores, put your house on the line, pay outrageous fees, and most importantly take up your valuable time.


Anything else? We realize that capital alone isn't enough to grow your business. Once you secure it, the next challenge is figuring out how best to spend it. Metcalfe provides you with access to a network of expert growth marketers to ensure your capital is put to work in the most cost effective way to receive maximum return.


Metcalfe is differentiated from traditional funding methods. We are data-driven, efficient, and affordable. Our goal is to give you terms you can't refuse- like a 6% cost of capital. When you get funded by Metcalfe, we want you to feel like the fund's only purpose is to grow your business so that you can focus your energy on what matters most.

Mitch Kessler

Founder

Market hound, first-principals thinker, and information-sponge. Started three online business and one brick and mortar retail business that grew to $400k in MRR in first two years.

Jason Yashinsky

Senior Software Engineer

Disciplined, systems-oriented engineer, and owner of a dog named "Cookie". Involved in professional software development life cycle process since 1993. Involved in Internet startups since 1999. Early employee at multiple startups, one of which held an IPO.

Nick Sawinyh

Technical Marketer

Skilled researcher, bootstrapper, and side-project aficionado. Over 12 years of experience working in digital marketing and product management.

Seth Hammac

Sounding board: Agencies and Platform

Deal closer, industry expertise, and startup strategy professional. Senior Account Executive and former Head of Platforms Pre-Sales at Google.

Matt Kritzer

Sounding board: Growth marketing/Ecommerce

Executive level growth marketer building the DTC brands of the future. Ex-Tommy John. Blogger at grrowth.com

Others we'd like to thank for their time, generosity, and valuable contributions:


Irwin Stein: very experienced (40 years) corporate, securities and real estate attorney.

Steven Hunter: a FinTech pioneer with the most extensive Underwriting and Analytical acumen in the Merchant Cash Advance and daily-remittance Loan industry.

Justin Ellery: Startup Advisor & Growth Marketing Expert.

About your Business

For internal use only. This will not affect your credit. No fee or obligation.

Step 1 of 3

Are you incorporated in the US?

Step 2 of 3

Do you accept payments online?

Step 3 of 3

What are your average monthly sales?

Congrats! You qualify!

You are pre-qualified for funding in the amount of 80-120% of your current monthly revenues.


Ready to talk to a human? Let's have a quick get-to-know each-other call to go over the next steps.

Since we are dealing with time sensitive and financial information, please don't forget to check your SPAM and whitelist us or add us to your contact list. It's very important that all our correspondence is received in a timely manner.

Unfortunately, we can't fund you right now.

We're only funding online businesses in the US, with at least $10k per month in revenues.


Have questions? Talk to a human:

Metcalfe Network

Marketing Agencies, Consultants, and Tool Providers

Growth Marketing Agencies

Vetted marketers that are ready to grow your business with you

Bell Curve


Bell Curve is a renowned growth agency that now offers hands-on training.

We've grown dozens of companies from zero to millions in revenue. We've worked with Framer, Envoy, Streak, Clearbit, Service, Tovala, Perfect Keto, and many others.

JUMP!


We are masters of scalable performance on Facebook, Instagram, Snapchat, and other major social channels.

It’s a mixture of our proprietary channel-specific media buying strategies and rapid creative experimentation: we test thousands of ad variations to constantly stay ahead of the curve.

Michael Wright


Private Facebook and Instagram marketing training for influencers, campaigns, and small businesses.

Michael was formerly the Global Program Manager, Sales & Marketing Enablement at Facebook, where he scaled Facebook and Instagram marketing best practices to the global client-facing teams

SaaS Growth Strategy


SaaS Growth Strategy is a small consultancy that helps start-up SaaS companies accelerate growth.

We help companies scale from $0 to $20mm in revenue, by finding cost effective acquisition strategies, doubling down on what's working, and always looking to find new channels and revenue streams.

20+ agencies and counting.

We'll pair you up with Marketers like these once you're pre-qualified

You'll know what funding you qualify for and we'll introduce you to marketers that fit your budget and marketing needs

Looking to join our network?

Kogneta

We are Kogneta, a team of people with decades of real life experience helping multi-location businesses and franchises grow. Since our founding, we focus on helping the companies that we work with break free of cookie cutter mentality by providing them with customized, ROI-centric, strategies that center around their marketing and revenue goals.

Adjossible

Demand Generation for Cloud-based & SaaS Startups

We grow your warm leads by 400% or more through proven inbound marketing methodology and tactics. We create brand awareness, generate leads, and increase customer acquisition.

Jackson Marketing Services

Our job is to make you the most productive, efficient, effective, and successful B2B marketing force your company has ever seen, get business results and professional recognition, too.

Be Curious

A full stack, infinitely curious, risk-taking, creative, fluid design studio.

This is not a graphic design service agency. This is a creative sandbox where ideas & businesses are born. This is where growth occurs. This is where ambitious & daring thoughts become successful products.

214 Co

We create and position brands people love—brands that move people to think, feel, and act differently.

We pride ourselves on doing truly remarkable work for brands. Whether digging deeper into insights or pushing our creative to new heights of expression, we are our own toughest critics.

Disrupt Digital

Disrupt Digital are a digital marketing consultancy that specialize in the latest marketing technologies. We believe in doing things a little differently.

100
Projects Wrapped
86
Videos Produced
25
Activations
700
Cups of Coffee

Running an online business?

We'll fund your digital marketing to help you grow.

metcalfe.fund

TOS

Website Terms of Use

Version 1.0

The Metcalfe website located at https://metcalfe.fund is a copyrighted work belonging to Metcalfe. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.

All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

These Terms of Use described the legally binding terms and conditions that oversee your use of the Site. BY LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and you represent that you have the authority and capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.

These terms require the use of arbitration Section 10.2 on an individual basis to resolve disputes and also limit the remedies available to you in the event of a dispute. These Terms of Use were created with the help of the Terms Of Use Generator.

Access to the Site

Subject to these Terms. Company grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal, noncommercial use.

Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms.  All copyright and other proprietary notices on the Site must be retained on all copies thereof.

Company reserves the right to change, suspend, or cease the Site with or without notice to you.  You approved that Company will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.

No Support or Maintenance. You agree that Company will have no obligation to provide you with any support in connection with the Site.

Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers. Note that these Terms and access to the Site do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms.

Third-Party Links & Ads; Other Users

Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third-parties.  Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads.  Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads.  You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.

Other Users. Each Site user is solely responsible for any and all of its own User Content.  Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others.  You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions.  If there is a dispute between you and any Site user, we are under no obligation to become involved.

You hereby release and forever discharge the Company and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

Disclaimers

The site is provided on an "as-is" and "as available" basis, and company and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement.  We and our suppliers make not guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.  If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.  Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

Limitation on Liability

To the maximum extent permitted by law, in no event shall company or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the site even if company has been advised of the possibility of such damages.  Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty U.S. dollars (u.s. $50). The existence of more than one claim will not enlarge this limit.  You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Site.  We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms.  Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately.  You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases.  Company will not have any liability whatsoever to you for any termination of your rights under these Terms.  Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2 through 2.5, Section 3 and Sections 4 through 10.

Copyright Policy.

Company respects the intellectual property of others and asks that users of our Site do the same.  In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who are repeated infringers of intellectual property rights, including copyrights.  If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

  • your physical or electronic signature;
  • identification of the copyrighted work(s) that you claim to have been infringed;
  • identification of the material on our services that you claim is infringing and that you request us to remove;
  • sufficient information to permit us to locate such material;
  • your address, telephone number, and e-mail address;
  • a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
  • a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

General

These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site.  You are responsible for providing us with your most current e-mail address.  In the event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.  Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site.  These changes will be effective immediately for new users of our Site.  Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights.  It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement.  Unless otherwise agreed to, all arbitration proceedings shall be held in English.  This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief.  A Notice to the Company should be sent to: 907 7th St, Santa Monica CA 90403. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally.  If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding.  The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.

Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association, an established alternative dispute resolution provider that offers arbitration as set forth in this section.  If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider.  The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules are in conflict with the Terms.  The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879.  The arbitration shall be conducted by a single, neutral arbitrator.  Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief.  For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules.  Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise.  If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.  If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00.  Each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration.  The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

Time Limits. If you or the Company pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the AAA Rules for the pertinent claim.

Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties.  Privacy Policy: https://app.termly.io/document/privacy-policy/60a6981c-8918-43f1-b35b-6cf318174582