YOU AND THE HAO LIFE LLC AGREE THAT ANY DISPUTE, CLAIM, CONTROVERSY OR CAUSE OF ACTION (COLLECTIVELY “DISPUTES”,EACH A “DISPUTE”) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THIS SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE REGARDING ANY PURCHASE MADE USING THIS SITE) SHALL BE BROUGHT EXCLUSIVELY BEFORE A SINGLE, PRIVATE, AND IMPARTIAL ARBITRATOR IN A CONFIDENTIAL, FINAL, AND BINDING ARBITRATION UNDER THE FEDERAL ARBITRATION ACT, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IPProtection Action”). YOU ACKNOWLEDGE AND AGREE THAT YOU AND THE HAO LIFE ARE EACH WAIVING ANY RIGHT TO TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.Further, unless both you and The Hao Life otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If any part of this specific paragraph is held unenforceable, then the entirety of this “Agreement to Arbitrate” section will be deemed void. Except as provided in the preceding sentence, this “Agreement to Arbitrate” section will survive any termination of these Terms.
Arbitration Rules. The arbitration will bead ministered by the American Arbitration Association (“AAA”)in accordance with the Commercial Arbitration Rules (the “AAARules”) then in effect, except as modified by this “Agreement to Arbitrate” section. (The AAA Rules are available at www.adr.org/arb_med orby calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process. It is the intent of the Parties that that any arbitration shall be concluded as quickly as reasonably practicable. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and The Hao Life otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you andThe Hao Life submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds$10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. Any award rendered by the arbitrator shall be final and binding on the Parties and may be entered in any court having jurisdiction thereof.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in theAAA Rules. However, if your claim for damages does not exceed $75,000, The Hao Life will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).