Referral Program Terms and Conditions
QuiqSolar by QuiqNest LLC (“QuiqSolar” or “We” or “Company”), may, from time to time, offer customers, the general public, and employees (“Referrer(s)” or “You”) the opportunity to participate in a referral program, or any individual referral program, (each a “Program” or collectively referred to as “Programs”). We reserve the right to alter, suspend, or cancel a Program at any time for any reason. The Programs are administered by QuiqSolar.
Referrers are bound by these Terms and Conditions (the “Terms”) by participating in a Program. By participating in a Program, Referrers agree to comply with the Terms. If you do not agree to the Terms in their entirety, you are not authorized to register as a Referrer or to participate in the Program in any other manner. Referrers may not participate in the Program whereby doing so would be prohibited by any applicable law or regulations.
No part of the Program is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT USE, ACCESS OR PARTICIPATE IN THE PROGRAM AT ANY TIME OR IN ANY MANNER.
1. Privacy.
Participation in the Program may require Referrers and Referrals (as defined below) (collectively, “Users”) to submit personal information, such as name, address, phone number, and e-mail address. The personal information will be collected, processed and used in accordance with QuiqSolar’s Privacy Policy which can be found at https://www.QuiqSolar.com/legal/privacy-policy. QuiqSolar may, in its sole discretion, update its Privacy Policy from time to time. In addition, personal information may be used by QuiqSolar, or on QuiqSolar’s behalf to contact Users in a variety of manners including via mail, e-mail and/or phone with regards to participation in the Program and to receive communications from QuiqSolar including advertising, marketing materials and other communications from QuiqSolar as well as to share the information that the User made the referral to the referred third party (each a “Referral”). Users may request, by telephone, email, or in writing, to place their phone number(s) on our internal Do Not Call list and may opt out of receiving these emails by clicking on the opt out on the bottom of any of the emails and following the instructions. If User opts out of receiving marketing emails from QuiqSolar, Users will continue to receive administrative emails regarding User’s participation in the Program. By User providing User’s phone number, User consents to QuiqSolar contacting User using an automatic telephone dialing system and/or prerecorded voice.
2. How the Program Works.
a. Program Participation.
Generally, to participate, Referrers should visit the Program specific landing page (on the QuiqSolar.com website ) or email sent by QuiqSolar and follow the on-screen instructions to refer as many friends, family members, or colleagues to QuiqSolar. This will include completing a form asking for the User’s contact information.
For every Qualified Referral (as defined below), Referrer may be eligible to receive Reward(s), provided Referrer is otherwise eligible under, and fully compliant with the Terms.
b. Eligibility Criteria.
Referrers must be legal residents of the United States, including U.S. territories and the District of Columbia, who (i) are 18 years or older and (ii) have legal right to provide the personal information (e.g., name, email address, phone number, and address) of each Referral. Please see below for additional criteria required for each type of Referrer.
- SPECIFICALLY FOR QuiqSolar CUSTOMER REFERRER: Customer must have an existing QuiqSolar Customer Agreement for QuiqSolar Services, as defined below at the time of submission and at the time the Reward is delivered. The following individuals are not eligible: Employees, officers directors and managers of QuiqSolar or its affiliates, including, without limitation, subsidiaries, advertising agencies, promotion agencies, fulfillment agencies, lead generation agencies, suppliers, distributors, attorneys and agents of QuiqSolar, contractors acting in an equivalent capacity to employees, shareholders, officers, directors, or any of the preceding persons’ immediate family members (spouse, siblings, children and parents, regardless of where they live) or members of the same households (whether related or not), and residents in California, Colorado, Pennsylvania, and Puerto Rico.
- SPECIFICALLY FOR A GENERAL PUBLIC REFERRER: The following individuals are not eligible: Employees, officers directors and managers of QuiqSolar or its affiliates, including, without limitation, subsidiaries, advertising agencies, promotion agencies, fulfillment agencies, lead generation agencies, suppliers, distributors, attorneys and agents of QuiqSolar, contractors acting in an equivalent capacity to employees, shareholders, officers, directors, or any of the preceding persons’ immediate family members (spouse, siblings, children and parents, regardless of where they live) or members of the same households (whether related or not), and residents in California, Colorado, Pennsylvania, and Puerto Rico.
- SPECIFICALLY FOR QuiqSolar EMPLOYEE REFERRER: Employee must be a full-time QuiqSolar employee at the time of submission and at the time the Reward is delivered.
c. Qualified Referral – Lead Ownership and Non-Disclosure Clause
QuiqSolar customer Referrers may visit their QuiqSolar.com account to check the status of their Qualified Referrals and to manage their account and rewards.
Referrers must respect the spirit of the Program by only referring real third-party individuals who the Referrer has a good faith basis to believe will meet the requirements of the Terms.
Rewards can only be awarded for Qualified Referrals. A “Qualified Referral” means that all the following conditions are met:
- The Referral must be a residential homeowner who meets QuiqSolar’s credit and underwriting requirements;
- The Referral must sign an applicable QuiqSolar Customer Agreement for a QuiqSolar Home Solar, Home Solar + Battery Storage, Home Solar + Roofing, or Add-on Battery Storage (each a “QuiqSolar Services”) as is required by the particular Program;
- The installation of the applicable QuiqSolar Services must be placed in service;
- The Referral consented to their personal information being shared with QuiqSolar
- The Referral is not already a customer of QuiqSolar or has not been referred to or already a prospective customer (lead) of QuiqSolar or a Dealer in the previous twenty-one (21) days;
- The Referral is a legal resident of a U.S. state or territory QuiqSolar services who is 18 years or older;
- Only one Reward can be earned for each Qualified Referral. Any additional or subsequent purchases made by a Referral will not be considered Qualified Referrals and thus will not be entitled to the Reward; and
- Referral is not someone who lives in the same household as the Referrer, provided, however, that a Referrer may refer himself or herself or someone in his or her household if the Referrer has multiple homes and has not previously submitted information for home(s) not subject to a QuiqSolar Customer Agreement for QuiqSolar Services.
- Lead Ownership and Non-Disclosure Clause:
a. Any client information collected by the Quiqies/affiliates and appointment setters of QuiqSolar by QuiqNest LLC, including but not limited to names, contact details, and other relevant information (“Leads”), during the course of their activities, shall be the exclusive property of QuiqNest LLC. b. All Leads generated or obtained by the Quiqies/affiliates and appointment setters are considered confidential and proprietary to QuiqNest LLC and shall not be used, sold, or disclosed to any third party without the explicit written consent of QuiqNest LLC. - Non-Compete and Non-Solicitation:
a. During the term of this agreement and for a period of 6 months following its termination, the Quiqies/affiliates and appointment setters agree not to engage in any business or activity that competes with the products or services offered by QuiqNest LLC within the 50-mile radius. b. The Quiqies/affiliates and appointment setters shall not directly or indirectly solicit or attempt to solicit any Leads or clients obtained during the term of this agreement for any competing business or service.Consequences of Violation:
a. In the event of a breach of this clause, the Quiqies/affiliates and appointment setters agree to pay QuiqNest LLC a liquidated damages fee ranging from a minimum of $15,000 up to $50,000 per violation.b. QuiqNest LLC acknowledges that the damages resulting from a breach of this clause may be difficult to quantify, and the agreed-upon liquidated damages amount is a reasonable estimate of the anticipated or actual harm suffered by QuiqNest LLC.
d. Earning Rewards.
Referrer shall receive one (1) reward (each a “Reward”) for each valid and verified Qualified Referral. Restrictions may apply.
For promotions that include a reward for the individual being referred:
- Referral rewards cannot be combined with other QuiqSolar Rewards Promotions.
- Rewards may be taxable, depending on the value of the applicable Reward and the applicable federal, state, and local tax laws. Referral is solely responsible for reporting such items on their tax returns and paying any associated tax liability. If QuiqSolar’s or Group O’s delivery of a Reward will require QuiqSolar to issue Referral a 1099 form, QuiqSolar’s obligation to make the Reward shall be conditioned upon receipt of, from Referral, any required tax documentation necessary to issue the 1099 which will be handled by QuiqSolar’s agent for these matters, Group O.
Generally, Rewards may be redeemed in various forms in QuiqSolar’s sole discretion, including, but not limited to in the form of a gift card or cash. Restrictions may apply. For example, if the Reward is in the form of a prepaid reward card or electronic prepaid card, it may be subject to the issuer’s terms and conditions. Please see below for additional criteria required for each types of Referrers and for Referrals.
- SPECIFICALLY FOR A QuiqSolar CUSTOMER REFERRER: Each Reward will be issued as a Visa Prepaid Reward Card or electronic prepaid card issued by Group O. Visit https://rewards.groupo.com/Docs/CHA2017.pdf to review the cardholder agreement and all terms and conditions of use. Referrer’s accounts must be in good standing at the time of payment. Rewards may be taxable, depending on the value of the applicable Reward and the applicable federal, state, and local tax laws. Referrer is solely responsible for reporting such items on their tax returns and paying any associated tax liability. If QuiqSolar’s or Group O’s delivery of a Reward will require QuiqSolar to issue Referrer a 1099 form, QuiqSolar’s obligation to make the Reward shall be conditioned upon receipt of, from Referrer, any required tax documentation necessary to issue the 1099 which will be handled by QuiqSolar’s agent for these matters, Group O.
- SPECIFICALLY FOR QuiqSolar EMPLOYEE REFERRER: The Reward will be added to the employee’s paycheck and is considered taxable income.
e. Verified Qualified Referrals.
Rewards are subject to verification. QuiqSolar may delay a Reward for the purposes of investigation. QuiqSolar may also refuse to verify and process any transaction QuiqSolar deems, in its sole discretion, to be fraudulent, suspicious, in violation of the Terms, or believes will impose potential liability on QuiqSolar, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents.
All of QuiqSolar’s decisions are final and binding, including decisions as to whether a Qualified Referral, or Reward is verified.
If a Referral is referred by multiple Referrers, the first Referrer to submit the required information based on the date and time of the submission, as determined by QuiqSolar in its sole discretion, shall be the only Referrer entitled to receive the Reward.
f. Claimed Rewards.
Users will receive a reward notification email (“Reward Notification”) within six (2) weeks from the date that the Referral receives official notice that the applicable QuiqSolar Service has been placed in service. The Reward Notification will contain detailed step-by-step instructions on how to claim the reward on the QuiqSolar Reward Program website (“Reward Redemption Process”). User must complete all steps in the Reward Redemption Process in order to claim a reward on the QuiqSolar Reward Program website. Rewards will be issued three (3) weeks from the completion of the Reward Redemption Process.
Reward in the form of a Visa Prepaid Reward Card or electronic prepaid card expire twelve (12) months after issuance. Users will forfeit any unused funds after the expiration term.
3. FTC 16 CFR Part 255 Compliance.
QuiqSolar complies with the Federal Trade Commission’s 16 CFR Part 255 “Guides Concerning the Use of Endorsements and Testimonials in Advertising”. Accordingly, if any User makes any post on any social network (such as Facebook, Twitter, Instagram, Pinterest, or LinkedIn) as a part of the Program, such User must at a minimum include either “This is a paid endorsement” or “#paidad” in any social network posts made as a part of the Program. Each User is responsible for ensuring that posts on any social network comply with the terms of use of the site, and any other applicable laws, statutes, and regulations.
4. Publicity
Participation in the Program and/or acceptance of a Reward constitutes permission to QuiqSolar to use any User’s profile information, statements, biographical information, and city and state address for any and all promotional or advertising purposes in connection with the Program, on a worldwide basis and in all forms of media without review, permission or further compensation of any amount or kind whatsoever, where permitted by law.
5. Reservation of rights.
QuiqSolar reserves the right, in its sole discretion and without prior notice, to alter, suspend or cancel the Program, alter the Terms or cancel or substitute any of the Rewards for any reason, including, but not limited to, if at any time a computer virus, technical problem, or other unforeseeable or uncontrollable event alters or corrupts the administration of the Program, or the awarding or use of any Reward.
We reserve the right to disqualify any User from participation in the Program at any time at our sole discretion, including without limitation if User does not comply with any of the Terms or otherwise fails to comply with any applicable laws (including, without limitation, through any failure to include any disclosures as required by the FTC or otherwise required by QuiqSolar).
ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, QuiqSolar RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION
6. Release.
BY PARTICIPATING IN THE PROGRAM, EACH REFERRER AND EACH REFERRAL RELEASES AND AGREES TO HOLD HARMLESS QuiqSolar AND ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES (THE “QuiqSolar PARTIES”) FROM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO PERSONAL INJURY, DEATH, DAMAGE TO PROPERTY, INFRINGEMENT OF PROPRIETARY RIGHTS, RIGHTS OF PUBLICITY OR PRIVACY OR DEFAMATION) ARISING OUT OF OR IN CONNECTION WITH: (I) PARTICIPATING IN THE PROGRAM; (II) ACCEPTANCE OR USE OF ANY REWARD; AND (III) OTHERWISE ARISING OUT OF OR RELATING TO THE PROGRAM.
7. Limitation of Liability.
QuiqSolar MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY REWARD OR ANY REFERRER OR REFERRAL’S PARTICIPATION IN THE PROGRAM, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. ALL REWARDS ARE PROVIDED “AS-IS.” NEITHER QuiqSolar NOR ANY OF ITS QuiqSolar PARTIES SHALL BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST, OR INJURY THAT ARISES FROM OR RELATES TO PARTICIPATION IN THE PROGRAM, OR USE OF ANY REWARD, INCLUDING BUT NOT LIMITED TO: (I) LATE, LOST, DELAYED, DAMAGED, MISDIRECTED, INCOMPLETE, OR UNINTELLIGIBLE ENTRIES; (II) TELEPHONE, ELECTRONIC, HARDWARE OR SOFTWARE PROGRAM, NETWORK, INTERNET, OR COMPUTER MALFUNCTIONS, FAILURES, VIRUSES OR DIFFICULTIES OF ANY KIND; (III) FAILED, INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS; (IV) THE USE OR DOWNLOADING OF ANY SOFTWARE OR MATERIAL IN CONNECTION WITH THE PROGRAM; (V) TYPOGRAPHICAL OR OTHER ERROR IN THE PRINTING OF THE PROGRAM, ADMINISTRATION OF THE PROGRAM, OR IN THE ANNOUNCEMENT OF ANY REWARD; (VI) ANY OTHER CONDITION THAT MAY CAUSE THE PROGRAM TO BE DISRUPTED OR CORRUPTED; AND (VII) ANY PERSONAL INJURY, DEATH, OR DAMAGE TO PROPERTY THAT MAY RESULT FROM RECEIPT OR USE OF A REWARD.
IN NO EVENT SHALL QuiqSolar OR ANY QuiqSolar PARTIES BE LIABLE TO REFERRER, REFERRAL, OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR ANY OTHER THEORY OF LIABILITY EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES OR CERTAIN LIMITATIONS OF LIABILITY, THEREFORE, CERTAIN OF THE FOREGOING DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.
8. Conduct.
a. Prohibited Conduct. Users agree not to use the Program to:
- Violate applicable law;
- Infringe the intellectual property rights of QuiqSolar or any third parties;
- Stalk, harass, or harm another individual;
- Collect or store personal data about Users;
- Impersonate any person, or otherwise misrepresent User’s identity;
- Engage in any actions that are designed to disrupt or undermine the Program or servers or networks connected to the Program, or disobey any requirements, procedures, policies, or regulations of such networks;
- Interfere with another Referrer’s use of the Program
- Make attempts to gain unauthorized access to the Program, or to other accounts, computer systems, or networks connected to the Program;
- Transmit any file that contains bots, viruses, worms, Trojan horses, or any other contaminated or destructive features;
- Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
- Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others;
- Engage in actions that disparage or malign or call into question the reputation of QuiqSolar, in QuiqSolar’s sole discretion.
b. Bulk Distribution. If a Referrer provides a personal link to a Referral by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. Bulk email distribution, distribution to strangers, or any other promotion of a personal link in a manner that would constitute or appear to constitute unsolicited commercial email or “spam” in QuiqSolar’s sole discretion is expressly prohibited and may be grounds for immediate termination of the Referrer’s account, deactivation of the personal link, and disqualification from the Program.
c. Fraudulent and Suspicious Behavior. QuiqSolar may prohibit a User from participating in the Program or receiving a Reward, in its sole discretion, if QuiqSolar determines such User is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other Users or representatives of QuiqSolar. Use of any automated system to participate is strictly prohibited and will result in disqualification. Users may not enter with multiple or fake emails addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Referral Program or receive a Reward. QuiqSolar reserves the right to disqualify any User and/or cancel any Reward(s) it finds to be tampering with the entry process or the operation of the Program, submitting self-referrals, or violating the Terms. Referrals generated by a script, macro or other automated means will be disqualified.
9. Governing Law.
By engaging in the Program, you acknowledge your comprehension of, and commitment to adhere to, these Terms. Unless prohibited, any disputes, claims, or causes of action arising from or connected to these Terms of Use will be subject to the laws of Florida, USA. The exclusive jurisdiction for hearing and resolving any disputes pertaining to these Terms of Use lies with the courts in Miami-Dade, Florida.
10. General.
The Program and the Terms are void where any aspect of the Program is prohibited, taxed or otherwise restricted by law or where registration, bonding, local judging or translation is required. The Program is subject to all national, state, and local laws including applicable tax codes.
QuiqSolar shall not be liable for any failure of or delay in relation to the Program for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, pandemic, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.
11. Arbitration.
By participating in the Program, You, the Referrer, agree to resolve any disputes arising from the Program or related to these Terms through binding arbitration governed by the Federal Arbitration Act rather than any state arbitration law. The arbitration, including the selection of the arbitrator, will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “Rules”) by a single neutral arbitrator. Either party may initiate the arbitration process by filing the necessary forms with the AAA. To learn more about arbitration before the AAA, you can review materials available at www.adr.org. The arbitration shall be held in the location that is most convenient to you. If the AAA is unavailable to administer the dispute, then the arbitration, including the selection of the arbitrator, will be administered by JAMS, under its Streamlined Arbitration Rules (the “Rules”) by a single neutral arbitrator agreed on by the parties within thirty (30) days of the commencement of the arbitration. If JAMS is not available either, then the parties shall select another recognized arbitration administrator which can offer a location for arbitration that is close to you.
If you initiate the arbitration, you will be required to pay the first $125 of any filing fee. We will pay any filing fees in excess of $125 and we will pay all of the arbitration fees and costs. If we initiate the arbitration, we will pay all of the filing fees and all of the arbitration fees and costs. We will each bear all of our own respective attorney’s fees, witness fees, and costs unless the arbitrator decides otherwise.
The arbitrator shall have the authority to award any legal or equitable remedy or relief that a court could order or grant under the Terms. The arbitrator, however, is not authorized to change or alter the Terms or to make any award that would extend to any transaction other than yours. All statutes of limitation that are applicable to any dispute shall apply to any arbitration between you and QuiqSolar. The arbitrator will issue a decision or award in writing, briefly stating the essential findings of fact and conclusions of law.
Only disputes involving you and QuiqSolar may be addressed in the arbitration. Disputes must be brought in the name of an individual person or entity and must proceed on an individual (non-class, non-representative) basis. The arbitrator will not award relief for or against anyone who is not a party to the dispute. If you and we arbitrate a dispute, none of you or us, nor any other person, may pursue the dispute in arbitration as a class action, class arbitration, private attorney general action or other representative action, nor may any such dispute be pursued on your or our behalf in any litigation in any court except as specifically provided below. Claims regarding any dispute and remedies sought as part of a class action, class arbitration, private attorney general or other representative action are subject to arbitration only on an individual (non- class, non-representative) basis, and the arbitrator may award relief only on an individual (non-class, non-representative) basis. This means that the arbitration may not address disputes involving other persons with disputes similar to the disputes between you and us.
EVEN IF ANY PART OF THIS SECTION IS FOUND TO BE UNENFORCEABLE AS DESCRIBED ABOVE, YOU AND WE EACH AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE THAT MIGHT ARISE BETWEEN OR INVOLVING YOU AND QuiqSolar, AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING IN CONNECTION WITH ANY SUCH DISPUTE.
BECAUSE YOU AND WE HAVE AGREED TO ARBITRATE ALL DISPUTES EXCEPT AS SPECIFICALLY PROVIDED IN THE LAST PARAGRAPH OF THIS SECTION, YOU AND WE WILL NOT HAVE THE RIGHT TO LITIGATE THAT DISPUTE IN COURT, OR TO HAVE A JURY TRIAL ON THAT DISPUTE, OR ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE APPLICABLE ARBITRATION RULES AS DEFINED HEREIN. FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS PERTAINING TO ANY DISPUTE. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING ON THE PARTIES AND MAY BE ENTERED AND ENFORCED IN ANY COURT HAVING JURISDICTION, EXCEPT TO THE EXTENT IT IS SUBJECT TO REVIEW IN ACCORDANCE WITH APPLICABLE FEDERAL LAW GOVERNING ARBITRATION AWARDS. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN CONTAINED SHALL BAR YOU OR QuiqSolar FROM: (I) OBTAINING INJUNCTIVE RELIEF FROM A COURT AGAINST THREATENED CONDUCT THAT COULD CAUSE IRREPARABLE HARM, LOSS OR DAMAGE, UNDER THE USUAL EQUITY RULES, INCLUDING THE APPLICABLE RULES FOR OBTAINING RESTRAINING ORDERS AND PRELIMINARY INJUNCTIONS; OR (II) OBTAINING A JUDGMENT FROM A COURT HAVING JURISDICTION CONFIRMING THE AWARD OF THE ARBITRATOR; OR (III) OBTAINING RESOLUTION OF A DISPUTE IN A SMALL CLAIMS COURT IF THE DISPUTE FALLS WITHIN THE JURISDICTION OF THE SMALL CLAIMS COURT (PROVIDED, HOWEVER, THAT NO ATTEMPT IS MADE TO TRANSFER RESOLUTION OF SUCH A DISPUTE FROM A SMALL CLAIMS COURT TO A COURT OF GENERAL JURISDICTION).