PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and Hayneedle agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
Initial Dispute Resolution
Most disputes can be resolved without resort to arbitration. In the event of a dispute, Hayneedle or you must the other notice of the dispute. This notice must provide a brief, written description of the dispute, the relief requested and the contact information of the party giving it. You must send any such notice to Hayneedle by email to firstname.lastname@example.org and by U.S. Mail to Hayneedle, Inc., 10810 Farnam Drive Suite 300, Omaha, NE 68154. To the extent that Hayneedle has your contact information, it will send any such notice to you by U.S. Mail and your email address.
The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with one another, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
Notwithstanding the foregoing, disputes concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Site shall not be subject to arbitration, and the notice and good faith negotiation required by this paragraph shall not apply to these types of disputes.
Except as provided herein, if we cannot resolve a dispute informally, any dispute will be resolved only by binding arbitration to be held in the U.S. state in which you reside. For residents outside the United States, arbitration shall be initiated in Omaha, Nebraska, and Hayneedle and you agree to submit to the personal jurisdiction of any state or federal court in Omaha, Nebraska to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If Hayneedle's or your claim is solely for monetary relief of $10,000 or less and does not include a request for any type of equitable remedy, the party bringing the claim may choose whether the arbitration of the claim will be conducted, through a telephonic hearing, or by an in-person hearing under the AAA Rules, solely based on documents submitted to the arbitrator.
You or Hayneedle may choose to pursue a claim in small claims court where jurisdiction and venue over you and Hayneedle otherwise qualifies for such small claims court and where the claim does not include a request for any type of equitable relief. However, if you decide to pursue a claim in small claims court, you agree to still provide Hayneedle with advance notice by email to email@example.com and by U.S. Mail to Hayneedle, Inc., 10810 Farnam Drive Suite 300, Omaha, NE 68154.
You have the right to opt out and not be bound by the provisions requiring arbitration by sending written notice of your decision to opt out to Hayneedle by email to firstname.lastname@example.org AND by U.S. Mail to Hayneedle, Inc., 10810 Farnam Drive Suite 300, Omaha, NE 68154. The notice must be sent within 30 days of your first use of any of the Services. If you do not opt out via this method, you will be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of the provisions requiring arbitration, Hayneedle will not be bound by them either. If any clause within this Arbitration Section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect.
Waiver of Jury Trial
Parents, Subsidiaries, Affiliates
This Arbitration Section will also apply to any claims asserted by you against any present or future parent, subsidiary, or affiliated company of Hayneedle, or any employee, officer, director, or investor of Hayneedle, and to any claims asserted by any of them against you, to the extent that any such claims arise out of or relate to these Terms (such as with respect to their validity or enforceability), the Services, any person's access to and/or use of the Services, and/or the provision of content, products, services, and/or technology on or through the Services.
This Arbitration section shall survive any termination of your account or the Services.