Any dispute, claim, or controversy between you and us, or between you and any third‑party service provider acting on our behalf to transmit Program messages, arising out of or related to this Agreement or the Program, will be resolved by binding arbitration in Philadelphia, Pennsylvania before one arbitrator, to the fullest extent permitted by law.
Arbitration will proceed under the Commercial Arbitration Rules of the American Arbitration Association (AAA), using the substantive law of the federal judicial circuit where MELANATED PRINCESS LLC’s principal place
of business is located, and the arbitrator will decide issues of enforceability and interpretation of this arbitration agreement under the Federal Arbitration Act.
The arbitrator will be selected in accordance with AAA rules, must have at least five years of relevant experience, and may apply the AAA’s
Emergency Measures of Protection rules instead of court‑ordered
emergency relief.
The arbitrator’s decision will be final and binding, with only the limited appeal rights allowed by the Federal Arbitration Act; each party will generally bear its own share of arbitration and administration fees unless the arbitrator orders otherwise in a reasoned decision, and the arbitrator may award attorneys’ fees only if authorized by statute
or contract.
The arbitrator has no authority to award punitive damages, and both parties waive any right to seek punitive damages.
The parties agree to arbitrate only on an individual basis and not as part of any class or representative action; if a dispute proceeds in court for any reason, both sides waive any right to a jury trial.
Except as required by law, neither party nor the arbitrator may disclose the existence, content, or results of any arbitration without both parties’ written consent, except as needed to protect or pursue a legal right.
If any term of this arbitration section is found invalid or unenforceable in any jurisdiction, the remaining terms will continue in effect, and this arbitration provision will survive any end to your participation in the Program.