(“Engaging” and “Terms” shall have the meanings defined in the Terms and Conditions.)
In the event of any dispute, claim, or controversy between you and Mensbest (the “Parties” or “We”), which arises out of or relates to your Engaging with Mensbest and/or the Mensbest website, including but not limited to any breach, termination, enforcement, interpretation, or question of the validity of the website’s Terms, or of the validity of this agreement to arbitrate, the Parties hereby agree to the following mechanism for resolving the Parties’ differences.
First, you will contact customer support at Mensbest to try to resolve the matter. You can get in touch through the Contact Us page of Mensbest.
If the Parties cannot resolve the dispute that way, We shall resolve endeavor to resolve the dispute through mediation but, if that fails, shall resolve the dispute through binding arbitration, and in no circumstance resort to a court of law.
Whether you are a resident of the United States or of another country, the mediation and, if necessary, binding arbitration, shall be held in the United States under the auspices of the American Arbitration Association (“AAA”), under its applicable rules for mediation or binding arbitration, as applicable, then in effect.
The venue shall be the State of Delaware, unless the Parties can agree on another venue. The Parties may also conduct the arbitration remotely, if permitted under the applicable AAA rules and if feasible.
The Federal Arbitration Act shall govern the enforcement and interpretation of the Arbitration Agreement.
The dispute shall be heard, considered, and resolved strictly between you and Mensbest rather than on a class-wide basis. A single arbitrator shall hear the dispute rather than a panel. To obtain information about mediation and arbitration at the AAA, and to access forms, please visit www.adr.org.
Judgment on the arbitrator’s award, if any, may be entered in any court of competent jurisdiction. The arbitrator may not award punitive damages.
The proceedings of the arbitration, and the outcome, shall be subject to a confidentiality agreement between the parties.
The Parties shall bear their respective costs, expenses, and fees.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE AGREE THAT (I) AN ARBITRATION SHALL NOT BE JOINED WITH OTHER PARTIES; (II) THERE IS NO RIGHT OR AUTHORITY TO ARBITRATE ANY DISPUTES ON A CLASS-ACTION BASIS, OR WITH CLASS ACTION PROCESS; AND (III) THERE IS NO RIGHT OR AUTHORITY FOR DISPUTES TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.
MOREOVER, THE PARTIES AGREE TO WAIVE THEIR RIGHT TO A JURY TRIAL AND UNDERSTAND THAT, WITHOUT THIS ARBITRATION POLICY, THE PARTIES WOULD HAVE THE RIGHT TO SUE IN COURT. THIS WAIVER IS INTENDED TO ENCOMPASS ANY AND ALL DISPUTES THAT MAY BE, OR COULD HAVE BEEN, FILED IN ANY COURT, AND THAT ARISE OUT OF OR RELATE TO THE SUBJECT MATTER OF THIS AGREEMENT AND/OR YOUR ENGAGING WITH THE MENSBEST WEBSITE. THIS INCLUDES, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS, CLAIMS OF UNFAIR COMPETITION OR FALSE ADVERTISING, AND ALL OTHER COMMON LAW AND/OR STATUTORY CLAIMS.
WE ALSO AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR ENGAGING THE MENSBEST WEBSITE MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR IT SHALL BE FOREVER BARRED, REGARDLESS OF ANY LAW TO THE CONTRARY.
In order to avoid binding arbitration, we urge you to contact us directly with your grievances, and, if We cannot resolve the dispute directly, to then try mediation, as set forth above.
To invoke this Arbitration Agreement, please contact us through the Contact Us page on this website, or by using the e-mail address firstname.lastname@example.org. Also, please use the term “Arbitration” in the subject heading. It will expedite the process if you include your name, physical address, e-mail address, and an explanation of the reason you wish to arbitrate (or mediate).