Arbitration Clause for NW Apothecary
Effective Date: 2024-11-21
By using NW Apothecary’s website, products, or services, you agree that any disputes or claims arising out of or relating to these terms, your use of our services, or your purchase of our products shall be resolved exclusively through binding arbitration, rather than in court, except in cases where you may qualify to bring your dispute in small claims court.
1. Agreement to Arbitrate
You and NW Apothecary agree to resolve any disputes through arbitration, a process in which a neutral third party (the arbitrator) resolves the dispute instead of a judge or jury.
2. Scope of Arbitration
This arbitration clause applies to all disputes, including but not limited to:
- Claims related to these terms, your use of the website, or your purchase of products or services.
- Claims based on contract, tort, statute, fraud, misrepresentation, or any other legal theory.
However, this clause does not prevent you or NW Apothecary from seeking injunctive relief in a court of law to protect intellectual property rights or to resolve disputes that qualify for small claims court.
3. Arbitration Process
- Arbitrator Selection: Arbitration will be conducted by a single arbitrator selected by mutual agreement or, if no agreement is reached, appointed by a recognized arbitration organization.
- Rules: Arbitration will be governed by the rules of the American Arbitration Association (AAA) or another mutually agreed-upon arbitration provider.
- Location: The arbitration will take place in Clark County, Washington, unless otherwise agreed by both parties.
- Costs: Each party is responsible for its own legal fees and expenses. Arbitration fees will be shared equally, except where prohibited by law.
4. Class Action Waiver
You and NW Apothecary agree that any arbitration will be conducted on an individual basis only. Neither party shall have the right to bring or participate in any class, collective, or representative action.
5. Governing Law
This arbitration agreement is governed by the laws of the State of Washington, excluding its conflict-of-law rules.
6. Severability
If any provision of this arbitration clause is found unenforceable, the remaining provisions will remain in full effect.
7. Opt-Out Option
You may opt-out of this arbitration agreement by notifying NW Apothecary in writing within 30 days of your first use of our website or services. Your opt-out notice must include your name, contact information, and a clear statement that you do not wish to resolve disputes through arbitration.
Mail Opt-Out Requests to:
NW Apothecary
1145 14th Avenue Suite B, Longview, WA 98632
8. Binding Decision
The arbitrator’s decision is final and binding on both parties and may be enforced in any court of competent jurisdiction.