PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS. By agreeing to these Terms, you and we both agree to resolve any Dispute (defined below) through final and binding arbitration on an individual basis and not in court. “Dispute” means any disagreement, claim, or controversy arising out of or relating to these Terms or the use of the Site or Services. This includes claims based on contract, tort, statute, fraud, misrepresentation, or any other legal theory.

Binding Arbitration: If either party elects arbitration, the Dispute shall be resolved exclusively by binding arbitration pursuant to the Federal Arbitration Act (“FAA”). If either party chooses arbitration, neither party will have the right to litigate the claim in court or to have a jury trial on that claim (with the sole exception of claims that may be brought in small claims court, as noted below). Arbitration is different from court, and the rules of discovery and appeal are more limited. By agreeing to arbitrate, you are waiving your right to a jury trial.

The arbitration will be administered by JAMS (Judicial Arbitration and Mediation Services) or a similar reputable arbitration provider under its Comprehensive Arbitration Rules and Expedited Procedures (or, if appropriate, its Streamlined Arbitration Rules) in effect at the time the arbitration is initiated. You can find JAMS’ rules at www.jamsadr.com. The arbitration may be conducted in person, through the submission of documents, by phone, or online, as determined by the arbitrator. If an in-person hearing is required, the hearing will take place in [the county and state of our company headquarters] (unless you and we agree to a different location or the arbitrator mandates a different location). The arbitrator will apply the governing law stated in these Terms. Each party is responsible for their own arbitration costs, but the arbitrator may award costs and fees to the prevailing party when appropriate under the law or JAMS rules. The arbitrator’s award will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Exceptions – Small Claims and Injunctive Relief: Either party may choose to bring an individual claim in small claims court in lieu of arbitration if the claim qualifies and remains in that court’s jurisdiction. Additionally, nothing in this section prevents either party from seeking equitable relief (such as a temporary restraining order or injunction) in a court of competent jurisdiction to prevent an imminent or continuing violation of these Terms or an infringement of intellectual property rights. For such purposes, you agree to the jurisdiction of the state and federal courts located in Saint Louis, Missouri, USA, and you waive any jurisdictional or venue defenses to such courts in an equitable action by us.

Class Action Waiver: All Disputes will be arbitrated or litigated on an individual basis. You and we waive any right for any Dispute to be brought, heard, or arbitrated as a class action or in a representative or private attorney general capacity. The arbitrator shall have no authority to consolidate individual disputes or to conduct any class action arbitration. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. If a court or arbitrator determines that the class-action waiver in this paragraph is unenforceable as to a particular claim, then that claim (and only that claim) must proceed in court, not in arbitration.

Opt-Out: You have the right to opt out of this arbitration agreement by sending written notice of your decision to opt-out to [email protected] within 30 days of first accepting these Terms. Your opt-out notice must include your name, address, email, and an unequivocal statement that you opt out of the arbitration provision. If you opt-out, arbitration and class waiver provisions will not apply to you, but the rest of these Terms will remain in effect.

Notice: Waiver of Jury Trial: Before initiating arbitration, the party seeking to resolve a Dispute must first send a written notice of the claim to the other party by certified mail (or international courier, if applicable). We will send any notice to your address on file (or email on file, if permitted); you must send any notice to [Joyce Doss, Attn: Legal Department, Address]. The notice must describe the nature of the claim and the specific relief sought. If we cannot resolve the Dispute within 30 days, either party may then proceed to initiate arbitration. You acknowledge and agree that you are waiving the right to a trial by jury for all Disputes to the extent allowed by law.

This Dispute Resolution section shall survive any termination of the Terms or your relationship with us. If a court decides that any part of this Arbitration and Class Waiver section is invalid or unenforceable (except for the class action waiver clause noted above), then the other parts of this section shall still apply. If there is a conflict between this Arbitration section and any other provision of these Terms, this Arbitration section will govern.