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Instead of the high cost of legal disputes, you and we agree to deliver fast to time and money both you and bootbarnstory.com agree that any legal dispute between you and bootbarnstory.com concerning or arising in any way out of these Terms, any purchase from bootbarnstory.com, any communications between you and bootbarnstory.com, or your participation in any other program or service provided by bootbarnstory.com shall be resolved through binding individual arbitration as described in this section. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes does not apply to any dispute that cannot be arbitrated under federal law, such as claims for personal injury rights. However, either you or bootbarnstory.com may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. The term "dispute" means any dispute, claim, or other controversy between you and bootbarnstory.com, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. "Dispute" will be given the broadest possible meaning allowable under law.
Either party asserting a dispute shall first try in good faith to resolve it by providing written notice as specified below to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 30 days in which to respond. Notice shall be made by first class or registered mail (1) to bootbarnstory.com at 15345 Barranca Pkwy, Irvine, CA 92618, Attn: Legal Department, or (2) to you at the postal address on file with bootbarnstory.com. Both you and bootbarnstory.com agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.
You may opt out of this Arbitration Agreement within the first 30 days after the earliest of the first time you (a) make a purchase from our website; or (b) sign up for any program or service provided by bootbarnstory.com. You may also opt out of this Arbitration Agreement within 30 days after we notify you regarding a material change to this Arbitration Agreement. You may opt out by sending an email to [email protected] or by sending a letter to bootbarnstory.com Customer Service PO Box 12341 Wichita, KS 67277-2341. You should include your printed name, mailing address, and the words "Reject Arbitration."
Either party may initiate arbitration, which shall be conducted by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules ("AAA Rules"), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA's website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, the parties shall agree to, or the court shall select, another arbitration provider. Unless you and bootbarnstory.com agree otherwise, any arbitration hearing shall take place in the county of your residence (as determined by your billing address on file with bootbarnstory.com). If you live outside the United States, any arbitration will take place in the USA. Except for claims determined by the arbitrator to be frivolous, bootbarnstory.com will pay all filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If you prevail in arbitration, bootbarnstory.com will reimburse you for any fees you paid to the AAA in connection with the arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at a mutually agreed location. Each party shall bear its own attorneys' fees and expenses. The arbitrator's decision will be final and binding on the parties and may be enforced in any court of competent jurisdiction.
Any arbitration shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and bootbarnstory.com also agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and bootbarnstory.com hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration, to assert or participate in a private attorney general lawsuit or private attorney general arbitration, and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or representative action must be brought in a court of proper jurisdiction and not in arbitration.
This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. To the extent state law applies to any aspect of this Arbitration Agreement, or to any disputes and claims that are covered by the Arbitration Agreement, the law of the state or country of your residence, as determined by your mailing address on file with bootbarnstory.com, will govern. Only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of this Agreement, including whether any dispute falls within its scope. However, the parties agree that any issue concerning the validity of the class action/representative action waiver above must be decided by a court, and an arbitrator does not have authority to consider the validity of the waiver. Except as set forth in the above paragraph regarding the class/representative action waiver, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement. This Dispute Resolution & Arbitration Agreement survives the termination of your relationship with bootbarnstory.com, including the end of your participation in any program or service and opt-out of consent for marketing or other agreements with bootbarnstory.com. bootbarnstory.com will provide notice of any material changes to this Arbitration Agreement.
