Please read this section carefully. It requires most disputes to be resolved through binding individual arbitration and affects your legal rights, including the right to a jury trial and participation in a class action. It includes a 30-day opt-out.
Talk to us first (required informal resolution): before starting arbitration, you and Happibee each agree to give the other written notice of the dispute and a 60-day opportunity to resolve it in good faith. A notice to Happibee must be submitted through our Contact page, must begin with the words "Dispute Notice", and must include your name, the email address associated with your account or order, your order number if relevant, a reasonably detailed description of the dispute, and the specific relief you are requesting. Happibee may send a notice to the email address associated with your account or order. The 60-day period begins when a complete notice is received. During that period, applicable statutes of limitation are tolled to the extent permitted by law. Completing this process is a condition to commencing arbitration, except for an individual small-claims action or a request for urgent injunctive or equitable relief permitted by the Exceptions paragraph below.
Governing law: these terms and disputes arising from them, the site, or purchases made through the site are governed by the laws of the State of Texas, without regard to conflict-of-law principles, except to the extent another law must apply. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement in this section.
Mutual agreement to arbitrate: except for the matters listed under Exceptions, you and Happibee agree that a dispute, claim, or controversy arising out of or relating to these terms, Happibee.com, or a purchase made through the site that is not resolved through the informal process will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under the AAA Consumer Arbitration Rules and Mediation Procedures in effect when the arbitration is filed, subject to the AAA Consumer Due Process Protocol. The current rules and filing information are available at www.adr.org. Filing, administrative, and arbitrator fees will be allocated as required by the AAA rules and applicable law. Unless the parties agree otherwise or the AAA rules provide otherwise, the proceeding may be conducted remotely or in the county where you live. The arbitrator may award the individual relief available under applicable law. The award will be final and binding, subject to the limited review permitted by law, and judgment on the award may be entered in a court with jurisdiction.
Mass arbitration procedures: if the AAA determines that a group of filings qualifies as a mass arbitration, the AAA Mass Arbitration Supplementary Rules and applicable fee schedule will apply in addition to the Consumer Arbitration Rules.
What this means: BY AGREEING TO THESE TERMS, YOU AND HAPPIBEE EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING, TO THE FULLEST EXTENT PERMITTED BY LAW. Claims must be brought in an individual capacity. Except where the AAA's applicable rules expressly permit procedural coordination in a mass arbitration, an arbitrator may not combine the merits of different individuals' claims into a single representative or class proceeding without the parties' agreement.
Exceptions: either party may bring an individual claim in small claims court if the claim qualifies and remains there on an individual basis. Either party may also seek temporary or urgent injunctive or equitable relief in a court of competent jurisdiction when necessary to protect intellectual property or to prevent imminent, irreparable harm while arbitration is pending or before an arbitrator can act.
Your right to opt out: you may opt out of this arbitration agreement by notifying us through our Contact page within 30 days of your first purchase. If we later make a material change to this arbitration agreement, you may opt out of the materially revised arbitration terms within 30 days after we provide notice of that change. Your notice must begin with "Arbitration Opt-Out" and include your name, the email address associated with your account or order, your order number if available, and a clear statement that you are opting out of arbitration. If you validly opt out, this arbitration agreement, including the jury-trial and class-action waivers contained in this arbitration section, will not apply to you; the remaining provisions of these terms will continue to apply.
Court disputes: a dispute that is not subject to arbitration, including a dispute for which you validly opted out, will be resolved in a state or federal court of competent jurisdiction in Texas, except where applicable law requires a different forum. If the class-action or representative-action waiver is found unenforceable as to a particular claim or request for relief, that claim or request will proceed in court to the extent required by law, while any enforceable portion of the arbitration agreement remains in effect.
If AAA does not administer a case: if the AAA declines to administer a consumer arbitration because Happibee does not comply with an AAA requirement applicable to the business, the consumer may pursue the claim in a court that otherwise has jurisdiction.
Applicable filing deadlines: claims remain subject to the statutes of limitation and other filing deadlines provided by applicable law. The 60-day informal-resolution period described above tolls an applicable limitations period to the extent permitted by law.
Survival: this section survives the termination of these terms and the completion or cancellation of an order.