PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE DISPUTES HEARD BY A JUDGE OR JURY.
16.1 Governing Law
These Terms and any dispute arising out of or related to these Terms or your use of our Site or Products shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law principles.
16.2 Informal Resolution First
Before initiating any formal dispute resolution proceeding, you agree to first contact us at admin@trailies.com and attempt to resolve the dispute informally for at least thirty (30) days. Most concerns can be resolved quickly and satisfactorily through this process.
16.3 Binding Arbitration Agreement
If we cannot resolve a dispute informally, you and Trailies agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or any Products or services (collectively, "Disputes") shall be resolved exclusively through final and binding arbitration, rather than in court, except that either party may bring an individual action in small claims court if the claim qualifies.
Arbitration Rules: The arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, which are available at www.adr.org or by calling 1-800-778-7879. The arbitration shall be conducted virtually (by video conference) or, if either party requests, in Sheridan, Wyoming. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Arbitration Fees: If your claim is for $75,000 or less, Trailies will pay all AAA filing, administration, and arbitrator fees, unless the arbitrator finds that your claim or the relief sought is frivolous or brought for an improper purpose. If your claim exceeds $75,000, fees shall be allocated as provided by AAA rules.
16.4 Class Action Waiver
YOU AND TRAILIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.
16.5 Small Claims Court Exception
Notwithstanding the above, either party may bring an individual action in small claims court for disputes within the court's jurisdictional limits.
16.6 30-Day Opt-Out Right
You have the right to opt out of this arbitration agreement. To opt out, you must send written notice to admin@trailies.com within thirty (30) days of your first purchase from Trailies. Your notice must include: (a) your full name; (b) your mailing address; (c) your email address; (d) a clear statement that you wish to opt out of the arbitration agreement. If you opt out, all other provisions of these Terms will continue to apply. Opting out will not affect any other arbitration agreements you may have with us.
16.7 Judicial Forum for Non-Arbitrable Disputes
If the arbitration agreement is found unenforceable as to a particular claim or request for relief, or if you validly opt out, you and Trailies agree to submit to the exclusive jurisdiction of the state and federal courts located in Laramie County, Wyoming, and waive any objection to venue or inconvenient forum.
16.8 Severability of Arbitration Provision
If the class action waiver in Section 16.4 is found to be unenforceable as to a particular claim, then the entirety of this arbitration agreement shall be null and void as to that claim only, and the parties agree to litigate that claim in the courts specified in Section 16.7. All other provisions of these Terms shall remain in full force and effect.