THIS ARBITRATION AGREEMENT (“AGREEMENT”) INCLUDES A REQUIREMENT THAT DISPUTES BETWEEN YOU AND PELNUT MUST BE RESOLVED IN BINDING, INDIVIDUAL ARBITRATION. THIS MEANS WE GIVE UP THE RIGHTS TO TAKE A DISPUTE TO COURT OR TO PURSUE A CLASS ACTION. THERE IS NO JUDGE OR JURY IN ARBITRATION AND PRETRIAL DISCOVERY AND APPELLATE RIGHTS ARE MORE LIMITED THAN THEY WOULD BE IN COURT. YOU HAVE A LIMITED-TIME RIGHT TO OPT OUT OF THIS REQUIREMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY.
In the United States, or where no controlling law exists, this Agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. Outside the United States, this Agreement is governed by the arbitration law of the country in which you reside or (absent controlling national law) the law of the state, province, or territory in which you reside.
Most Disputes can be resolved quickly and amicably. To advise Pelnut of a Dispute, you must send a Notice of Dispute to “Legal Department: Notice of Dispute, PELNUT, LLC., 3901 NW 79TH AVE STE 245 #4117, MIAMI, FL 33166 US,” or by email to firstname.lastname@example.org. Your Notice of Dispute must include your name, contact information, an explanation of the Dispute, and what you want Pelnut to do to resolve the problem. Pelnut will contact you and attempt in good faith to negotiate a resolution. You or we may not commence an arbitration until 30 days after provision of a Notice of Dispute.
A Notice of Dispute must be provided within two (2) years of the Dispute having arisen, unless the applicable statute of limitations provides a shorter period. You and Pelnut agree that any claim not included in a valid Notice of Dispute within this time period is barred and may not be pursued in any forum.
If you choose to be represented by an attorney during the arbitration proceedings, you will pay your own attorneys’ fees and costs. If the law applicable to the Dispute allows the arbitrator to award attorneys’ fees to the prevailing party, nothing in this Agreement precludes the arbitrator from doing so. If the arbitrator believes pre-hearing discovery is necessary and appropriate, the arbitrator may order it, but may not permit discovery the costs or burdens of which are out of proportion to the amount in controversy. The arbitrator may award the prevailing party the same relief a court could have awarded for the same claim, except that, to the fullest extent allowed by applicable law, the arbitrator may not issue relief benefiting any person other than the prevailing claimant(s).
You and Pelnut agree that arbitrations should be conducted as inexpensively as possible under the circumstances. Among other things, this means that unless the matter is complex enough, in the arbitrator’s sole judgment, to warrant a telephonic, video, or (if strictly necessary) in-person hearing, the arbitrator shall resolve the dispute based on the parties’ written submissions alone. The arbitrator shall issue a written decision explaining the arbitrator’s essential findings and conclusions, which may be enforced as a final judgment by any court of competent jurisdiction. If either party unsuccessfully challenges the validity or enforcement of a decision, the unsuccessful party must pay the opposing party’s costs and attorneys’ fees associated with the unsuccessful challenge.
Pelnut does not consent to have any dispute arbitrated pursuant to class arbitration procedures. To the maximum extent allowed by applicable law, for any claims found to be not subject to arbitration, or if you opt out of the arbitration requirement, you and Pelnut agree to waive our rights to assert those claims on a class, representative, or private attorney general basis, and to a jury trial. Disputes over the enforceability of this bar on class arbitrations or class or representative proceedings for non-arbitrable disputes are the only Disputes between us that must be presented to a court of competent jurisdiction, rather than an arbitrator, and if a court finds that a claim must proceed on a class basis, that claim shall proceed in court, not in arbitration.
All provisions of this Agreement must be construed, if possible, in a manner that renders such provisions enforceable and valid. If any provision of any agreement between you and Pelnut is found invalid or unenforceable (other than the class action waiver provisions discussed immediately above), we agree that this provision must be severed, with the rest of the agreement remaining in effect.