io DEMAND FOR ARBITRATION AMERICAN ARBITRATION ASSOCIATION’ (CONSUMER ARBITRATION RULES A O1~20-00(0 ~/0/9 Complete this form to start arbitration under an arbitration agreement in a contract. | 1. Which party is sending in the fling documents? (check one) 2 Consumer C1 Business [2 Briefly explain the dispute: Breach of TOS violation and Civil Tort Per Oklahoma Statues, See Long Complaint and Contract Attached hereto and incorporated herein via | rsference | 3. Specify the amount of manay in depute, any $ 0.00 Dedaratory Judgment Only |4. State any other relief you are seeking | [Dattomey Foes Cinerest BAcbiteton Costs Other exer: Future Cannery fr encement offen | 5 Identify the requested city and state for the hearing if an in-person hearing is held: City: SAND SPRNGS State: Oklahoma |6. Please provide contact information for both the Consumer and the Business. Attach additional sheets or forms as needed, Consumer: Name: ANDREW SCOTT FULKERSON | Address: 500 NORTH GARFILED AVE #9 iy: SAND SPRINGS Ste: Oklahoma | 2p Code: 74069 | Telephone: (918) 500-9917 Fax | Ema Address: bakertaylor28e@gmailcom Consumer's Reprasontative (if known): Name: COUNSEL PRO SE | Fim Address: Cis Stace: Select... Zip Code: ‘Telephone: Fax: Ermall Addrose: | Name: Zello Inc, A Texas Corporation ‘Address: 1317 W. 6th Street City: Austin State: Texas Zip Code: 78703 Telephone: ($12) 270-2039 Fax: ail Address: subpeenaetzllo.com supportazello.com ‘American Arbitration Association, Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NU 08043 hetps//wmwadeorg | AMA Customer Service 1-800-778-7879DEMAND FOR ARBITRATION AMERICAN ARBITRATION ASSOCIATION CONSUMER ARBITRATION RULES | Business’ Representative (if known): Name: UNKNOWN Fier | Address: | City State: Select. Zip Code: | Telophone: Fax Email Address: | Date: 7. Send a copy of this completed form td the AAA together with: + A.clear, legible copy ofthe contract containing the parties! agreement to arbitrate disputes; + The proper filing foe fling fee information can be found in the Costs of Arbitration section of the Consumer Arbitration Rules) anc + Acopy af the court order, if arbitration ie court-ordered, 8.Send a copy of the completed form and any attachments to all parties and retain a copy of the form for your records. ‘To file by mail, sand the ital ling documents and the fling fee to: AAA Case Fling Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043, Toile online, visit www. .org and click on File or Access Your Case and follow directions. To avoid the creation of duplicate filings, the AAA requests that the fling documents end payment be submitted together. When fling electronically, no hard copies are required. Pursuant 1 Section 1284.3 of the California Cade of Civil Procedure, consumers with # gross monthly income of less than 300% of the federal poverty guidelines are entitled to a waiver of arbitration fees and costs, exclusive of arbitrator fees. This law applies to all consumer agreements subject to the California Atbitration Act, and to all consumer arbitrations conducted in California. I you believe that you meet these requirements, you must submit a completed Affidavit for Waiver of Fees, available on our wabsite. Pursuant to New Jersey Statutes § 2A:238-1 et seq, consumers with a gross monthly income of less than 300% of the federal poverty ‘guidelines are entitled to 2 waiver of arbitration fees and costs, exclusive of arbitrator fees. This law applies to all consumer Agreements subject to the New Jersey Arbitration Act, and to all consumer arbitrations conducted in New Jersey. If you believe that you meet these requirements, you must submit a completed Affidavit for Waiver of Fees, available on our website ‘American Arbitration Association, Case Filing Sorvices, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 https://wwwadeorg | AAA Customer Service 1-800-778-7879IN THE ARBITRATION TRIBUNALS OF THE AMERICAN ARBITRATION ASSOCIATION Andrew S. Fulkerson, ) Petitioner; ) No OI-2QO~- 00/0-/0/F ) v. ) ARBITRATION COMPLAINT ) Zello, Inc. , ) INJUNCTIVE RELIEF REQUESTED A Texas Corporation, ) Respondent, ) ) JURISDICTION AND VENUE 1, Zello, Inc., A Texas Corporation (hereinafter “Respondent”) and Andrew 8. Fulkerson (hereinafter “petitioner”) entered into a contract on September 02, 2014 concerning Petitioner's use of, and Respondent's management of, the Respondent's ‘Voice over Intemet Protocol (hereinafter “VOIP”) application, The last time Respondent updated the terms of the agreement before the acts complained of ‘occurred was November 22, 2019.(See Terms Of Services Contract, hereinafter “TOS”, attached hereto and incorporated herein via reference. 2. Petitioner resided in the Northern District of Oklahoma, Tulsa County, and the Cities of Tulsa, OK and/or Sand Springs OK at all times relative hereto this complaint, ‘Therefore, the State of Oklahoma has subject matter jurisdiction, personal jurisdiction, and statutory jurisdiction in this matter, as a matter of well-established principle of law. See 15 OK Stat § 15-162 (2019) and Cardoni v. Prosperity Bank, 805 F.3d 573 (5th Cir. 2015) and Conestoga Tr. v. Columbus Life Ins. Co., No. 17- 50073 Slip Op. at 9 (Sth Cir. 2019) Petitioner alleges, for the reasons more particularly described in this complaint that Respondent is in breach of the TOS contract between Petitioner and Respondent.4. The Arbitration provision in the TOS contract requires Respondent to pay all arbitration costs, upon demand of the Petitioner, where the amount of relief sought is less than $75,000.00 . Accordingly, initial filing fees and all other fees must be assessed against the Respondent, and the Petitioner is therefore entitled to commence this arbitration proceeding without paying any fees. GENERAL ALLE! INS 5. The TOS contract prohibits any user, inter alia, from “...posting any content (to zello.com servers) which is is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, nude, partially nude, or sexually suggestive, pomographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable...” 6. This reporter used user “1E503” ' at all times relative hereto this complaint. 6. On or about February 24, 2020 at approximately 20:45 hours CST user jek229 did Knowingly and intentionally transmit a lewd and/or indecent image into the state of ‘Oklahoma via the Zello service, utilizing channel “Zello’s Best’ OK Stat § 21-1172 (1) (2019), a criminal misdemeanor. jolation of 21 7. On or about February 24, 2020 users “jck229”, “radfrakes”, “og phantom 309” (hereinafter collectively “offending users”) did knowingly, willfully, and intentionally transmit a series of multiple messages into the state of Oklahoma via the Respondent’s computer network (via channel “Zello’s Best”) reasonably calculated "Zell account identities ae identified in this complain by the word User, and the account identity which 9 S590 9402 S214 9b22 6459 88 United States '* Sender: Please print your name, address, and ZIP+4® in this Boxe Postal Service Anbepu 3 Ful LERSon S00 ns Garr ELD Ae Aer SAnd ‘spemes, dk T4063 nelishaahiellyhdillakeUSPS.com® - USPS Tracking® Results huips:/tools.usps.com/go/TrackConfirmAction?qte_tLabels1=70181830. FAQs > USPS Tracking” ‘Track Another Package + Track Packages Anytime, Anywhert p Sh Get the free In ormed Delivery® feature to receve oan More automated nc tifications on your packages (reipsuireguspeccom ‘/xaot?app=UspsToolatret-ho nepageBonnersappURL=hltpsthIA%2F%42Finformeddelivery.usps.com/ox/pagessitro/stert ction) Tracking Number: 70181830000184280449 Remove X Your item was delivered to an individual at the address at 10:23 am on March 10, 2020 in AUSTIN, TX 78703. speqpaa & Delivered March 10, 2020 at 10:23 am Delivered, Left with Individual AUSTIN, TX 78703 Get Updates Text & Email Updates Tracking History 1of3 3/17/2020, 1:23 PMUSPS.com® - USPS Tracking® Results March 10, 2020, 10:23 am Delivered, Left with Individual AUSTIN, TX 78703 hitps:/tools.usps.com/go/TrackConfirmAction?qte_tLabels!=70181830... Your item was delivered to an individual at the address at 10:23 am on March 10, 2020 in AUSTIN, TX 78703. March 2, 2020, 2:43 pm Forwarded AUSTIN, TX March 2, 2020, 7:10 am Out for Delivery AUSTIN, TX 78703 March 1, 2020, 1:49 pm. Arrived at Hub AUSTIN, TX 78705 March 1, 2020 In Transit to Next Facility February 29, 2020, 11:01 pm Departed USPS Regional Facility AUSTIN TX DISTRIBUTION CENTER February 29, 2020, 4:05 pm Arrived at USPS Regional Facility AUSTIN TX DISTRIBUTION CENTER, February 29, 2020, 11:42 am Departed USPS Facility IRVING, TX 75059 February 29, 2020, 9:55 am Arrived at USPS Fa IRVING, TX 75059 20f3 ypeqpaa 3117/2020, 1:23 PMUSPS.com® - USPS Tracking® Results bttpstools.usps.com/go/TrackConfirm Action?ate_tLabels1=70181830. February 29, 2020, 4:28 am Departed USPS Regional Facility TULSA OK DISTRIBUTION CENTER February 28, 2020, 10:06 pm Antived at USPS Regional Origin Facility TULSA OK DISTRIBUTION CENTER February 28, 2020, 4:23 pm Departed Post Office ‘SAND SPRINGS, OK 74063, February 28, 2020, 3:02 pm USPS in possession of item SAND SPRINGS, OK 74063 Product Information Ea e Postal Features: See tracking for related item: 9590940252149122645988 Product: Certified Mail“ — /go/TrackConfirmAction?tLabels=95909402521 49122645988) First- Class Mail® See Less ~ Can’t Go to our FAQs section to find answers to your tracking questions. id what you’re looking for? FAQs 3/17/2020, 1:23 PMFROM THE DESK OF ANDREW SCOTT FULKERSON 500 N. GARFILED AVE #9 SAND SPRINGS OK 74063 ZELLO, INC 1317 W, 6" St. Austin, TX 78703 February 28, 2019. NOTICE OF DISPUTE AND (TENT TO COMM! ING ARBITRATION PROCEEDI ‘To whom it may concern: GREETINGS: This is to inform you that the undersigned intends to commence a binding arbitration proceeding against you after 60 days from the date of this letter, should you fail to respond to this letter, or should you fail to provide the relief requested by the undersigned. ‘The nature of the complaint is more particularly described in the draft complaint, which is attached hereto, and incorporated herein via reference, together with the supporting materials, Should you have any questions or wish to reach a settlement in regards to this matter, please contact me at the contact information below. Cordially, SLA. Scott Fulkerson / ANDREW SCOTT FULKERSON500 N. GARFILED AVE #9 SAND SPRINGS, OK 74063 (918) 500-9917 bakertaylor28@em:‘Simple File https:/apps.adr.org/SimpleFile/faces/SimpleFile,jsf Wilcome File Onine FILE ONLINE @ wre sensmnrorn FILING CONFIRMATION - Please print a copy for your records. AAA Case: 01-20-0010-1019 | cave manager wb assignd ot care and wit be contact. Sate ing nema ANOREW SCOTT FULKERSON ;betertayr23 pra com; S18508917 : Arteraen em or ‘Aras, ing fees be pat by non-overt company parr val each, Fling Fee Charpos ‘sco (cased on 2. 2020 128 Eate Tent (©2020 eran AbiratnAssoison Fis One (0r4.02) Contact Prngey Tes of Use Seaire Case Aeration Fotow AN Loft 712212020, 6:30 PM