Binding Arbitration and Class Action Waiver.
We hope we never have a dispute, but if we do, you and we agree to try for sixty (60) days to resolve it informally.
If we can’t resolve our dispute within 60 days, you and we agree to submit the dispute to final and binding individual arbitration administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) in the City of Atlanta, State of Georgia, before one (1) arbitrator under its Streamlined Arbitration Rules and the Federal Arbitration Act (“FAA”), and not to sue in any court in front of a judge or jury.
A neutral arbitrator will decide our dispute and the arbitrator’s decision shall be final and conclusive upon both of us, except for a limited right of appeal under the FAA. A judgment on the Award may be entered in the highest court of the forum, state or federal, having jurisdiction. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed nor is combining individual proceedings without the consent of all parties. You and we agree that: (a) the arbitrator shall apply Georgia law consistent with the Federal Arbitration Act and applicable statutes of limitations, including principles of equity, and shall honor claims of privilege recognized at law; (b) the arbitrator shall not be bound by rulings in prior arbitrations involving us, but is bound by rulings in prior arbitrations involving both you and us to the extent required by applicable law; (c) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
Disputes covered. The term “dispute” includes any claim or controversy between you and Marksman Furnishings, LLC, under any legal theory including contract, warranty, products liability, tort, negligence, statute, or regulation, except disputes relating to the enforcement or validity of your or our intellectual property rights.
Notice of Dispute. If you have a dispute and our customer service representatives can’t resolve it, send a Notice of Dispute by U.S. Mail to Marksman Furnishings, LLC, 3505 Peacock Road, Milton, GA 30004, Attention: Legal Department. In the notice tell us your name, address, how to contact you, what the problem is, and what you want. We’ll do the same if we have a dispute with you. After 60 days, you or we may start an arbitration if the dispute is unresolved.
Arbitration procedure. For more information, see www.jamsadr.com or call (800) 352-5267. To start an arbitration, submit the form available at www.jamsadr.com/about/submit-a-case to JAMS and mail a copy to Marksman Furnishings, LLC, 3505 Peacock Road, Milton, GA 30004, Attention: Legal Department. Any hearing will be by telephone unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in the city of Atlanta, Georgia. The arbitrator may award money damages to you individually.
Arbitration fees and payments. The expenses of the arbitration shall be borne equally, provided that each of us shall pay for and bear the cost of our own experts, evidence, and counsel’s fees. The arbitrator may, in the Award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party.
Must file within one year. Any claim or dispute must be filed not later than one year after the claim or dispute arose, otherwise, it’s permanently barred.
Severability. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts won’t be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other provision of this Arbitration Agreement is found to be illegal or unenforceable, that provision will be severed but the rest of this Arbitration Agreement still applies.
Conflict with JAMS rules. In the event of a conflict between the terms of this Agreement and the JAMS Streamlined Arbitration Rules, the terms of this Agreement shall govern the rights and obligations of the parties.
Exclusion of CISG. The Parties expressly exclude all application of the United Nations Convention on the International Sale of Goods to these Terms.
Entire Agreement. Except as set forth in any other written agreement, these Terms, in conjunction with the initial or a subsequent registration page and any other schedules or exhibits attached hereto, where applicable, constitute the final, complete, and exclusive statement of the agreement between the parties in respect of the subject matter hereof. Nothing in these Terms shall supersede any prior written agreement between us.
Notices. Unless otherwise provided herein, notices given by us will be sent to the e-mail address or mailing address on the registration page. Notice sent to the e-mail or conventional mailing address last provided by you shall be effective, valid, and binding regardless of whether such address has been changed, canceled, has expired, has been terminated, or otherwise becomes inoperative.