Use of the Site or purchases made through the Site, and any controversy, claim or dispute arising out of or relating in any way to Company’s products or services shall be governed by the laws of the state of California without respect to its choice (or conflict) of laws rules. Any claim or cause of action must be filed in California as set forth herein. In any arbitration or other dispute brought against Company, the prevailing party will be awarded its costs and attorneys’ fees.
Any claim or cause of action you may have with respect to the Site or Company must be commenced within one (1) year after the claim or cause of action arose. Failure to make a claim or cause of action within the one-year period will result in forfeiture of your right to make such a claim or cause of action except where prohibited by law.
This website and all pages within this website located at www.dripszncbd.com(this "Site") and DripSzn CBD LTD (“Company”) together provide website features and other products and services when you visit, shop or purchase from this site. This Arbitration Agreement affects your legal rights and remedies and provides that all disputes between you and Company must be resolved through, mandatory, binding arbitration as specified herein rather than through a lawsuit by any other means, except as otherwise provided. If you do not agree to the Arbitration Agreement, please do not use this Site or any Drip Szn CBC products. Resolution of claims or disputes.
Any claim or dispute between you and Company arising out of or relating in any way to the Product, the Site or this Agreement shall be resolved through final, binding arbitration. This mandatory arbitration obligation applies regardless of whether the claim or dispute involves a tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory. Both you and the Company acknowledge and agree that you waive your right to bring a lawsuit based on such claims or disputes and that you waive your right to have such claims or disputes resolved by a judge or jury. Notwithstanding the foregoing, you have the right to seek relief in small claims court for claims or disputes within the scope of small claims jurisdictional limits. Limitation of legal remedies.
All arbitrations under this Agreement shall be conducted on an individual (and not a class-wide) basis, and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that this Agreement specifically prohibits you from commencing arbitration proceedings as a representative of others or joining in any arbitration, litigation or other proceeding brought by any other person. Arbitration procedures.
1. Before commencing any arbitration proceedings under this Agreement, you must first present the claim or dispute to the Company by sending a written complaint to Company, Attn: Legal Department, 35250 Date Palm Drive, Cathedral City, CA. 92234, and allowing the Company the opportunity to resolve the claim or dispute. If your claim or dispute is not resolved within sixty (60) days, you may commence arbitration proceedings in accordance with the terms of this Agreement.
2. The arbitration of any claim or dispute under this Agreement shall be conducted pursuant to the American Arbitration Association's ("AAA") United States Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes. These rules and procedures are available at
3. The arbitration of any claim or dispute under this Agreement shall be conducted in the State of California, in the City of Los Angeles.
4. The arbitration of any claim or dispute under this Agreement shall be conducted by an arbitrator who is independent and impartial. The exchange of information and timing of the arbitration shall be supervised by the arbitrator and shall be in accordance with procedures provided by the arbitrator.
5. Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on the documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within ten days after the American Arbitration Association acknowledges receipt of a claimant's demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in telephonic hearing.
6. If you decide to commence arbitration, the provider will require to you to pay a filing fee (which currently is $125 for claims under $10,000). If your filing fee is more than $125, The Company will reimburse you for any excess fee promptly after it receives notice of your arbitration.
This Agreement shall be governed by the United States Federal Arbitration Act and the laws of the state of California.
If any provision of this Agreement is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable.
Each of the parties hereby (a) irrevocably waives, to the maximum extent not prohibited by law, any right it may have to a trial by jury in respect of any proceeding directly or indirectly at any time arising out of, under or in connection with the purchase of the Product from Company or any transaction contemplated hereby or associated herewith; (b) irrevocably waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any such proceeding any special, exemplary, punitive or consequential damages, or any damages other than, or in addition to, actual damages.
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