THESE TERMS INCLUDE AN AGREEMENT TO SUBMIT ALL DISPUTES TO MANDATORY INDIVIDUAL ARBITRATION AND A WAIVER TO BRING ANY CLAIM UNDER A CLASS ACTION. BELOW FOR MORE INFORMATION REGARDING YOUR LEGAL RIGHTS IN ANY DISPUTE INVOLVING OUR SITES.
We reserve the right, in our sole discretion, to modify, alter or otherwise update our Terms at any time, and by using the Sites after the posting of a modification, you accept the modification. Please check back from time to time to ensure you are aware of any updates or changes. By using the Sites, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the eligibility requirements in these terms.
THE LAWS OF THE STATE OF GEORGIA WILL GOVERN THESE TERMS AND ANY DISPUTE RELATING TO THE SITES, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS. EXCLUDING DISPUTES ADDRESSED THROUGH ARBITRATION AS PROVIDED BELOW, YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COMPETENT STATE AND FEDERAL COURTS LOCATED IN ATLANTA, GEORGIA IN RELATION TO ANY CLAIM, DISPUTE OR DIFFERENCE ARISING FROM THESE TERMS, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON CONVENIENS OR OTHER REASON.
Excluding (i) claims for injunctive or other equitable relief sought by MountainSeed as provided below, or (ii) disputes that are brought and exclusively and fully resolved in small claims court, any claims related to the Sites and any dispute or controversy arising out of or relating to these Terms, including without limitation, any and all disputes, claims (whether in tort, contract, statutory or otherwise) or disagreements concerning the existence, breach, interpretation, application or termination of the Terms, shall be resolved by final and binding arbitration by the American Arbitration Association (AAA) to be heard under its Consumer Arbitration Rules then in effect. The parties intend to be bound to the Federal Arbitration Act, 9 U.S.C. § 1 et seq. An arbitration means there will be no jury, and no judge.
The arbitration shall be administered by AAA and take place in the state of Georgia or at the option of the party seeking relief, online, by telephone, online, in your state of residence or via written submissions alone. The arbitrator may not issue any injunction. The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section shall prevent MountainSeed from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT EACH PARTY TO A DISPUTE HEREUNDER MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE ACTION.
Unless both you and we agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.