Claims Subject to Arbitration
These Terms apply to all claims between you and Company. A “Claim” is any claim, counterclaim, dispute, or other controversy, between you and the Company, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that arises from or relates to (1) your transactions with Company; (2) your access to or use of Company’s Services; (3) your access or use of the Website; (4) the use of your information by Company; (5) any aspect of your relationship or interactions with Company as a consumer or potential consumer; (6) any other cause of action between you and Company; and (7) the arbitrability, validity, enforceability, or scope of these Terms or any portion of them.
Informal Dispute Resolution
Most customer concerns can be easily resolved by contacting our customer service number at 1 (833) 734-4505, or by email at support@joonloloi.com. Prior to initiating an arbitration proceeding, You and Company agree to send written notice of intent to arbitrate no less than thirty (30) days prior to the filing of such proceeding. The notice shall include a description of the nature of the dispute at issue, and any damages or relief sought. This notice requirement is a condition precedent to initiating arbitration under these Terms. You and Company agree to negotiate in good faith to resolve the dispute in the thirty (30) days following receipt of such notice. In the event a resolution is not reached in that time, You or Company may initiate arbitration proceedings per the process set forth below. Notices of intent to arbitrate shall be sent to Company via certified mail at Joon Loloi Inc., 14070 Proton Rd., Dallas TX, 75244. Notices of intent to arbitrate shall be sent to you via certified mail at your current billing address.
Binding Arbitration Agreement
You and Company agree that in the event any Claim arises between You and Company, such Claim will be resolved exclusively by final and binding arbitration, except as otherwise set forth in these Terms (the “Arbitration Agreement”). This Arbitration Agreement shall be governed and construed by the Federal Arbitration Act found at 9 U.S.C. § 1 et seq., and conducted pursuant to the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) as stated at the time an arbitration is commenced. The current rules may be found at www.adr.org.
Exception of Certain Claims
Notwithstanding the foregoing, this Arbitration Agreement shall not preclude you or Company from: (1) bringing an individual claim in a small claims court of competent jurisdiction, or (2) bringing an individual claim in a court of competent jurisdiction related to the enforcement of intellectual property rights, excluding privacy or publicity rights, of you or the Company.
Confidentiality
You and Company agree that any arbitration pursuant to this Arbitration Agreement shall be confidential, including the existence of the proceeding, and including, without limitation, any filings, briefs, or other documents submitted, any discovery authorized, any testimony given, and any award or decision, all of which shall not be disclosed to any third party.
Commencing Arbitration
Instructions for filing a demand for arbitration and applicable fees may be found at www.adr.org. You shall send a copy of any demand for arbitration to Company via certified mail at 14070 Proton Rd., Dallas TX, 75244. Company shall send a copy of any demand for arbitration to you at your current billing address, or your attorney if you inform Company that one has been retained. If you commence an arbitration, you will be responsible for the applicable filing fee. Company will pay any case management, hearing, and arbitrator fees, unless your claims, counterclaims, or arbitration procedures are found to be frivolous.
Award and Decision
The arbitrator(s) decision and any award shall be in writing, binding upon You and Company, and may be enforced and entered as a judgment by any court of competent jurisdiction.
Waiver of Jury Trial and Class Actions
EXCEPT AS OTHERWISE PROVIDED BY THE TERMS, YOU AND COMPANY ACKNOWLEDGE AND AGREE THAT YOU EACH HEREBY WAIVE THE RIGHT TO A JURY TRIAL WITH RESPECT TO ANY CLAIM. YOU AND COMPANY ACKNOWLEDGE AND AGREE THAT YOU EACH HEREBY WAIVE THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE ACTION WITH RESPECT TO ANY CLAIM. YOU AND COMPANY AGREE THAT ANY ARBITRATION COMMENCED HEREUNDER SHALL BE BROUGHT IN THEIR RESPECTIVE INDIVIDUAL CAPACITIES. YOU AND COMPANY ACKNOWLEDGE AND AGREE THAT YOU EACH HEREBY WAIVE THE RIGHT TO ARBITRATION AS A CLASS ACTION OR ANY FORM OF CLASS OR REPRESENTATIVE ACTION WITH RESPECT TO ANY CLAIM.
Miscellaneous
If any provision of the Terms is found to be invalid or unenforceable, that specific provision shall be severed, but the remainder of the Terms shall continue in full force and effect.