15. Dispute Resolution; Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Lan of Fashion, LLC and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or Lan of Fashion, LLC seek to bring an individual action in small claims court located in the county of your billing address, or disputes in which you or Lan of Fashion, LLC seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Lan of Fashion, LLC waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Service resolved in court. Instead, all disputes arising out of or relating to these Terms or our Service will be resolved through confidential binding arbitration held in the Borough of Manhattan, New York in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and Lan of Fashion, LLC agree that any dispute arising out of or related to these Terms or our Service is personal to you and Lan of Fashion, LLC and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and Lan of Fashion, LLC agree that these Terms affect interstate commerce and that the enforceability of this Section 15 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Lan of Fashion, LLC agree that for any arbitration you initiate, you will pay the filing fee and Lan of Fashion, LLC will pay the remaining JAMS fees and costs. For any arbitration initiated by Lan of Fashion, LLC, Lan of Fashion, LLC will pay all JAMS fees and costs. You and Lan of Fashion, LLC agree that the state or federal courts of the State of New York and the United States sitting in the borough of Manhattan have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim you may have arising out of or related to these Terms or our Service must be filed within one year after such claim arose; otherwise, your claim is permanently barred, which means that you and Lan of Fashion, LLC will not have the right to assert the claim.
Any claim you may have arising out of or related to these Terms or our Service must be filed within one year after such claim arose; otherwise, your claim is permanently barred, which means that you and Lan of Fashion, LLC will not have the right to assert the claim.