Mutual Arbitration Agreement Between You and Leading Edge Marketing
We agree—both you (and your family members and beneficiaries) and Leading Edge Marketing (meaning the corporation together with its directors, officers, employees, affiliates, agents, successors or assigns)—that (1) any mutual claim, dispute or controversy, or (2) any claim by either of us against the other on any matter, or (3) any claim arising from or related to this agreement, or (4) any claim arising from the relationships that result from this agreement, no matter against whom made, or (5) any dispute over the applicability of this arbitration clause, or (6) any dispute about the validity of the entire agreement, SHALL BE RESOLVED BY NEUTRAL, BINDING ARBITRATION BY THE NATIONAL ARBITRATION FORUM, under its Code of Procedure then in effect, except as specified otherwise in this Mutual Arbitration Agreement.
Arbitration hearings will take place in a location as convenient for you as possible subject to the approval of the National Arbitration Forum. To get more information on how to file a claim and obtain relevant forms, please contact the National Arbitration Forum at http://www.adrforum.com/, write to them at P.O. Box 50191, Minneapolis, Minnesota 55405, call them toll-free at 1-800-474-2371, or fax them at 1-952-345-1160.
This Mutual Arbitration Agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by and interpreted under the Federal Arbitration Act. The Act is codified as law at Title 9 of the U.S. Code, sections 1-16. You may review the provisions of the Act at the website of the Office of Law Revision Counsel of the United States House of Representatives, at http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+3+2++(the)%20%20A.
We both agree that the arbitration shall be conducted before one neutral arbitrator, who shall be selected by the National Arbitration Forum. Any award of the arbitrator may be entered as a judgment in any court having jurisdiction. In the event that a court having jurisdiction finds any portion of this Mutual Arbitration Agreement unenforceable, that portion shall not be effective, and the remainder of the Mutual Arbitration Agreement shall remain effective.
BOTH PARTIES TO THIS MUTUAL ARBITRATION AGREEMENT--YOU AND LEADING EDGE MARKETING—UNDERSTAND THAT YOU AND WE WOULD HAVE HAD THE RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE OUR CASE, BUT YOU AND WE CHOOSE TO HAVE ANY DISPUTES DECIDED THROUGH ARBITRATION.
We agree that THE ARBITRATION SHALL BE LIMITED SOLELY TO THE DISPUTE BETWEEN YOU AND LEADING EDGE MARKETING, meaning that the arbitration, or any portion of it, will not be consolidated with any other arbitration, and will not be conducted on a class-wide or class action basis. In other words, WE ARE BOTH WAIVING THE RIGHT TO JOIN OR CONSOLIDATE CLAIMS WITH OTHER PERSONS OR CORPORATIONS WHO MAY HAVE THE SAME OR SIMILAR CLAIMS AGAINST YOU OR AGAINST US. Further, WE BOTH WAIVE THE RIGHT TO ARBITRATE ANY CLAIM AS A REPRESENTATIVE OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, AND WE BOTH WAIVE THE RIGHT TO PARTICIPATE IN ANY MANNER IN A CLASS ACTION EITHER IN A COURT OF LAW OR IN ARBITRATION AGAINST EACH OTHER.
YOU MAY OPT OUT OF THIS AGREEMENT IF, WITHIN 30 DAYS OF YOUR PURCHASE OF THIS PRODUCT, YOU SEND AN EMAIL TO THE FOLLOWING EMAIL ADDRESS: ARBITRATIONDEPARTMENT@DMCONTACT.COM. You must include your name, telephone number, and order number in your email. You will receive an email confirmation of your opt-out within 3 business days. You must retain this email confirmation of your opt-out for your records. If you do not receive an email confirmation of your opt-out within 3 business days please contact us via the following telephone number: North America toll free 1-866-892-8267 x455 or International (international calling code) +1 250 412 8455. If you are calling outside regular business hours (8:30am - 5:00pm Pacific Time) you will need to leave a message which includes your name and telephone number. This procedure is intended to protect your rights as well as ours.
In the event that, for whatever reason, any portion of a dispute between you and Leading Edge Marketing is entertained by a state court, we both agree that any questions arising from or relating to this Mutual Arbitration Agreement, its interpretation, its breach, its termination, its validity, and the relationships that result from this Mutual Arbitration Agreement, or any questions arising from or relating to the marketing, advertising, sales, or any related purchase of products from Leading Edge Marketing, SHALL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF THE STATE OF DELAWARE, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
If you reside outside of the United States, any claims we may have against each other shall be brought before an arbitrator of the National Arbitration Association in New York City, and all the other terms and conditions of this Mutual Arbitration Agreement shall apply to you as if you were a resident of New York City.
Each party shall pay for its own costs and attorneys' fees, if any, and Leading Edge Marketing will endeavor to secure pro bono assistance for an indigent claimant. However, if a party prevails on a statutory claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
Leading Edge Marketing recognizes that the size of a claim against it may be relatively minor compared to the expense in bringing and maintaining an arbitration action, and Leading Edge Marketing recognizes that, by this Mutual Arbitration Agreement, we have both waived our rights to proceed against each other on a class action basis, whether in litigation or arbitration. Although this Mutual Arbitration Agreement is reciprocal in every respect, we understand that unequal bargaining power may exist between you and Leading Edge Marketing in making this agreement. Therefore, if you feel that, in the interests of justice, your claim cannot be adequately resolved in light of our mutual waiver of the opportunity and right to litigate disputes through a court and to have a judge or jury decide the case, and in light of our mutual waiver of the opportunity and right to proceed against each other in class-wide litigation or class-wide arbitration, we offer two other options: (1) take advantage of our 100% money-back no-questions-asked guarantee; 2) enter non-binding mediation through the National Arbitration Forum.
If you opt for mediation in addition to or instead of the other two options, then you and Leading Edge Marketing hereby agree that any claim or dispute relating to this Mutual Arbitration Agreement or any other matters, disputes or claims between us, shall be entertained by mediators at the National Arbitration Forum (using the contact information provided above for the National Arbitration Association) strictly between us within 30 days of your asking us for mediation of the dispute. Any such mediation shall be held in the location designated by the National Arbitration Forum, and shall be conducted according to the mediation rules of the National Arbitration Forum then in force. You can review the mediation procedures on the website of the Forum at http://www.adrforum.com/, or by asking the Forum for a copy using the Forum's contact information provided above. You and Leading Edge Marketing hereby further agree that both of us shall endeavor to resolve our mediated dispute in good faith. If, 120 days after the commencement of mediation, we are not successful in resolving any claim, dispute, or controversy between us or arising from or relating to this Mutual Arbitration Agreement or the relationships that result from this Mutual Arbitration Agreement, including the validity of this Mutual Arbitration Agreement or the entire Mutual Arbitration Agreement, then you and Leading Edge Marketing hereby agree that the matter shall be resolved solely by binding arbitration strictly between us through the National Arbitration Forum in accordance with the procedures, and subject to the terms and conditions, all as outlined above for binding arbitration.
No waiver of any breach of this Mutual Arbitration Agreement shall be considered as a waiver of any subsequent breach of the same provision or other provision.
If any provision of this Mutual Arbitration Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
We shall have no liability to you for any delay in performance to the extent that such delay is due to any event outside our reasonable control including but not limited to acts of God, war, flood, fire, labor disputes, sub-contractor delays, strikes, lock outs, riots, civil commotion, malicious damage, explosion, governmental action and any other similar events. If we are affected by any such event then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.
All third party rights are excluded and no third party shall have any right to enforce this Mutual Arbitration Agreement.
This agreement supersedes all prior or contemporaneous communications or proposals, whether electronic, oral or written, between you and Leading Edge Marketing, whether with respect to this website or any other matter.
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