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PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, YOUR RIGHT TO A JURY TRIAL, AND YOUR RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.
Except as expressly excluded below, you and Ellora agree that any dispute, claim, or controversy arising out of or relating to the Site, any product, any purchase, any subscription, billing, renewal, cancellation, marketing, advertising, refund, chargeback, privacy-related issue arising from the consumer relationship, or these Terms (collectively, “Disputes”) will be resolved by final and binding individual arbitration rather than in court.
This arbitration agreement is intended to be interpreted broadly and to survive termination of your relationship with Ellora.
This arbitration agreement is made pursuant to and governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16 (“FAA”). To the extent not preempted by the FAA, this arbitration agreement shall also be interpreted and enforced in accordance with the Florida Arbitration Code (Fla. Stat. Chapter 682). The FAA governs all questions concerning the interpretation, enforceability, and scope of this arbitration agreement, except to the extent a court must determine a specific issue that applicable law reserves for judicial decision.
The parties expressly agree that the arbitrator, and not any court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable, consistent with and governed by the rules of the American Arbitration Association.
Before initiating arbitration, the party asserting a Dispute must first send the other party a written notice describing the nature of the claim, the facts on which it is based, the relief sought, and the sender’s contact information. The parties then agree to attempt to resolve the Dispute informally for 30 days from receipt of the notice before arbitration may be commenced.
Notices to Ellora should be sent to:
Legal Department — Ellora Brand LLC
66 W Flagler Street, Suite 900, PMB 12528, Miami, FL 33130
Email: info@myellora.com
If the Dispute is not resolved within that 30-day period, either party may initiate arbitration as provided below. Compliance with this informal-resolution process is intended to encourage efficient resolution and is a condition precedent to commencing arbitration, except to the extent prohibited by applicable law. Failure to complete this informal dispute resolution process shall not prevent either party from seeking relief where required to preserve a claim under applicable law.
Any arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and, where applicable, any supplementary AAA procedures then in effect, except as modified by this Arbitration Agreement.
If the AAA is unwilling or unable to administer the arbitration and the parties cannot agree on a substitute administrator, then the Dispute will proceed in a court of competent jurisdiction in accordance with the venue provisions of these Terms, and the class-action waiver and jury-trial waiver below will still apply to the extent enforceable.
Either you or Ellora may bring an individual claim in small claims court instead of arbitration if the claim qualifies and remains on an individual basis within that court’s jurisdictional limits. A small-claims case brought by either party must remain in small claims court and may not be removed to arbitration unless both parties agree.
To the maximum extent permitted by law, you and Ellora agree that:
all Disputes will be resolved only on an individual basis;
neither party may bring, join, or participate in any class action, collective action, coordinated action, private attorney general action, or other representative proceeding in arbitration or in court; and
the arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim.
This waiver is material to this arbitration agreement and is intended to be enforced to the fullest extent permitted by the FAA and applicable law.
If, for any reason, a Dispute proceeds in court rather than arbitration, you and Ellora each waive the right to a trial by jury to the fullest extent permitted by law.
If you are an individual consumer initiating arbitration against Ellora, your responsibility for arbitration filing fees will not exceed the amount required by the AAA Consumer Arbitration Rules for consumer-filed cases. Ellora will pay all remaining AAA administrative fees and arbitrator compensation beyond the consumer filing fee, unless the arbitrator determines that your claim is frivolous, brought for harassment, or asserted for an improper purpose under the applicable AAA rules.
If you demonstrate financial hardship, you may request a fee waiver or reduction from the AAA under its procedures. Nothing in this agreement is intended to prevent the arbitration forum from applying any consumer cost protections available under its rules.
Arbitration may be conducted:
by telephone;
by video conference;
on written submissions only;
or, if an in-person hearing is necessary, in the county where you reside or another reasonably convenient location, unless the parties agree otherwise.
The arbitrator may decide the most appropriate format based on the amount in controversy, the complexity of the issues, the preferences of the parties, fairness, efficiency, and the AAA rules.
Except where a court must decide a threshold issue under applicable law, the arbitrator has exclusive authority to resolve all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement, including arbitrability questions. The arbitrator may award any individual relief available under applicable law that a court could award on an individual claim, subject to the limitations and disclaimers set forth in these Terms to the extent enforceable. This delegation of authority is intended to be interpreted consistently with applicable federal and state law, including the Federal Arbitration Act and, where applicable, the Florida Arbitration Code (Fla. Stat. Chapter 682).
If 25 or more similar arbitration demands are filed against Ellora by or with the assistance, coordination, or participation of the same law firm, group of firms, or organizations, and the AAA determines or the parties reasonably agree that the demands should be administered as a mass arbitration or coordinated consumer filing, the parties agree to the following procedure to promote fair and efficient administration:
each claimant must first comply with the 30-day informal dispute resolution process;
the parties will participate in an administrative conference with the AAA to establish a fair process for case management, exchange of standardized information, and scheduling;
to the extent permitted by the AAA rules and the assigned arbitrator or process administrator, cases may proceed in batches of up to 25 matters at a time;
later-filed or excess cases may be stayed while earlier batches proceed;
the parties may agree, or the process administrator may direct where permitted, that a limited number of cases proceed first as bellwether matters for settlement evaluation only; and
for claimants whose cases are stayed solely because of batching, any otherwise applicable limitations period will be tolled from the date proper pre-filing notice is received until the claim is permitted to proceed.
Nothing in this section prevents an eligible claimant from pursuing an individual matter in small claims court under the carve-out above.
You may opt out of this arbitration agreement by sending a written opt-out notice within 30 days after the earlier of:
the date you first place an order through the Site; or
the date you first enroll in a subscription.
To be effective, your opt-out notice must include your full name, mailing address, email address used for the order, order number if available, and a clear statement that you wish to opt out of arbitration.
Send the opt-out notice to:
Arbitration Opt-Out — Ellora Brand LLC
30 N Gould ST STE N
Sheridan, WY, 82801
United States
Email: info@myellora.com
If you opt out, you and Ellora will retain the right to litigate disputes in court, subject to the non-arbitration venue provisions and jury-waiver provision of these Terms to the extent enforceable. Opting out of arbitration does not affect any other part of these Terms.
Nothing in this arbitration agreement shall be interpreted to limit or waive any rights or remedies that cannot be waived under applicable law.
If any provision of this arbitration agreement is found to be invalid or unenforceable, including under the Florida Arbitration Code (Fla. Stat. Chapter 682), such provision shall be severed, and the remaining provisions shall remain in full force and effect to the fullest extent permitted by law. If the class or representative action waiver is found unenforceable as to a particular claim and that determination cannot lawfully be severed, then that claim must proceed in a court of competent jurisdiction and not in arbitration, but the remainder of the arbitration agreement will continue to apply.
This arbitration agreement survives termination of your relationship with Ellora Brand LLC.