You and Waytootan, Inc. agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Waytootan, Inc. User Agreement (hereafter “User Agreement” in this section entitled “Legal Disputes”), your use of or access to Waytootan, Inc.’s sites, services, applications, and tools, or any products or services sold or purchased through Waytootan, Inc.’s sites, services, applications, or tools will be resolved in accordance with the provisions set forth in this Legal Disputes Section. Please read this Section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
A. Applicable Law
You agree that the laws of the State of New Jersey, without regard to principles of conflict of laws, will govern the User Agreement and any claim or dispute that has arisen or may arise between you and Waytootan, Inc., except as otherwise stated in the User Agreement.
B. Agreement to Arbitrate
You and Waytootan, Inc. each agree that any and all disputes or claims that have arisen or may arise between you and Waytootan, Inc. relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to Waytootan, Inc.’s sites, services, applications, and tools, or any products or services sold or purchased through Waytootan, Inc.’s sites, services, applications, or tools shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify.
The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
1. Prohibition of Class and Representative Actions and Non-Individualized Relief YOU AND WAYTOOTAN, INC. AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WAYTOOTAN, INC. AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER WAYTOOTAN, INC. USERS.
2. Arbitration Procedures. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator also must follow the terms of the User Agreement as a court would. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of the User Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or User Agreement is void or voidable. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org.
The arbitration shall be held in the county in which Waytootan, Inc. resides or at another mutually agreed location. If the value of the relief sought is $100.00 or less, you or Waytootan, Inc. may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Waytootan, Inc. subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or Waytootan, Inc., unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of New Jersey, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Waytootan, Inc. users, but is bound by rulings in prior arbitrations involving the same Waytootan, Inc. user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
3. Costs of Arbitration.
The exact cost depends on the ADR provider selected. An ADR provider’s rules and fee schedule are often available on the provider’s website. For example, the National Arbitration Forum’s rules currently provide that consumers will pay at most $185.00 in disputes between consumers and businesses where the total amount of damages sought is less than $10,000.00 USD. Businesses pay the remainder of the fees charged by the NAF.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is more than $10,000.00 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Waytootan, Inc. will consider paying as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Waytootan, Inc. for all fees associated with the arbitration paid by Waytootan, Inc. on your behalf, which you otherwise would be obligated to pay under the AAA’s rules.
With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the User Agreement and its Legal Disputes Section will continue to apply.
C. Judicial Forum for Legal Disputes.
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Waytootan, Inc. must be resolved exclusively by a state or federal court located in Trenton, New Jersey. You and Waytootan, Inc. agree to submit to the personal jurisdiction of the courts located within Mercer County, or other suitable county of the court, New Jersey for the purpose of litigating all such claims or disputes.
If during that time you are not 100% satisfied with your purchase, simply return your unused portion to our distribution center address found on your invoice, or contact us at firstname.lastname@example.org. Not applicable for wholesale purchases or those order for more than 1 packette or single bottle.