PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND REQUIRES YOU TO ARBITRATE DISPUTES INDIVIDUALLY.
(a) Informal Resolution First. Before initiating any arbitration or lawsuit, you agree to send written notice of the dispute to the Company via the Contact page or by mail to our St. Petersburg, Florida address, describing the nature of the claim, the relief sought, and your contact information, and to negotiate in good faith for at least sixty (60) days. Any applicable limitations period is tolled during this period. Compliance with this paragraph is a condition precedent to arbitration or suit.
(b) Binding Arbitration. Except as provided in subsection (e), ANY DISPUTE, CLAIM, OR CONTROVERSY OF ANY KIND BETWEEN YOU AND THE COMPANY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, THE WEBSITE, ANY PRODUCT, ANY SERVICE, ANY TRAINING, OR YOUR RELATIONSHIP WITH THE COMPANY — WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, PRODUCT LIABILITY, PERSONAL INJURY, OR ANY OTHER LEGAL THEORY, AND WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE — SHALL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING INDIVIDUAL ARBITRATION administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this agreement to arbitrate. The arbitration shall be conducted by a single arbitrator in Pinellas County, Florida, or, at your election for claims under $10,000, by telephone, video, or written submissions. The arbitrator may award any individual relief a court could award and shall issue a reasoned written decision. Judgment on the award may be entered in any court of competent jurisdiction. Arbitration fees shall be allocated per the AAA Consumer Rules; if your claim is for less than $10,000 and is not frivolous, the Company will pay all AAA filing, administrative, and arbitrator fees.
(c) Delegation. The arbitrator, and not any court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, scope, or formation of this arbitration agreement, including any claim that all or part of it is void or voidable, except that a court shall decide any dispute regarding the enforceability of the class action waiver in subsection (d).
(d) CLASS ACTION AND JURY TRIAL WAIVER. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING. TO THE EXTENT ANY CLAIM PROCEEDS IN COURT, YOU AND THE COMPANY EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY. If the class action waiver is found unenforceable as to a particular claim or request for relief, that claim or request (and only that claim or request) shall be severed and litigated in court under subsection (f), and all remaining claims shall be arbitrated.
(e) Exceptions. Either party may (i) bring an individual action in small claims court for qualifying claims, and (ii) seek injunctive or other equitable relief in court to protect intellectual property rights or to prevent unlawful or unsafe use of products. Nothing herein prevents you from filing a complaint with any federal, state, or local agency.
(f) Governing Law and Venue. These Terms and any dispute are governed by the laws of the State of Florida and applicable federal law, without regard to conflict-of-law principles. For any matter not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Pinellas County, Florida, and waive any objection based on inconvenient forum.
(g) Time Limit. TO THE EXTENT PERMITTED BY LAW, ANY CLAIM MUST BE FILED WITHIN ONE (1) YEAR AFTER IT ACCRUES OR IT IS PERMANENTLY BARRED.
(h) Thirty-Day Opt-Out. You may opt out of this arbitration agreement by sending written notice via the Contact page or by mail within thirty (30) days after first accepting these Terms, stating your name, address, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms, including the class action waiver where enforceable, the jury waiver, the release, or the limitation of liability.
(i) Mass Arbitration. If twenty-five (25) or more similar claims are asserted against the Company by the same or coordinated counsel, the parties agree the claims shall be administered in batches under the AAA Mass Arbitration Supplementary Rules, with bellwether proceedings and staged filing fees, to promote efficient resolution.