Terms of service
Arbitration & Class Action Waiver
1. Arbitration Agreement
By using or purchasing from Lone Raven Clothing Co., you agree that any controversy, claim, action, or dispute between you and Lone Raven Clothing Co. arising out of or relating to:
(a) these Terms or any breach thereof;
(b) your access to or use of our website, products, services, or materials; or
(c) any alleged violation of federal, state, or local laws (collectively, a “Claim”),
shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association (AAA) in accordance with its applicable rules.
Arbitration is a form of dispute resolution in which a neutral third-party (the arbitrator) issues a final, binding decision instead of the case going to court. The arbitrator will provide a reasoned, written award with findings of fact and law. The arbitrator may not commit legal errors, and any award may be reviewed by a court of competent jurisdiction under applicable law. Each party is responsible for its own legal fees, expert costs, and related expenses unless otherwise required by law.
1.1 Arbitration Procedures
All Claims will be heard by a single arbitrator. The arbitration will be held in [insert County, State], unless both parties agree to proceed remotely or via document submission. The arbitration will be governed by the Federal Arbitration Act (FAA) and the laws of [insert State], excluding conflict of law rules. The arbitrator will decide all questions of enforceability, validity, scope, and interpretation of this arbitration clause, unless otherwise specified below.
If the FAA is deemed inapplicable by the arbitrator, New York law shall govern.
1.2 Opting Out of Arbitration
You may opt out of this arbitration agreement within 30 days of your first purchase from Lone Raven Clothing Co. by emailing us at [insert support email address] with the subject line:
“Arbitration Opt-Out.”
Your email must include:
– Your full name
– The email address used to place your order
– A clear statement that you wish to opt out of the arbitration agreement
Opt-out requests received after the 30-day period will not be valid. Opting out will not affect your relationship with Lone Raven Clothing Co.
2. Class Action Waiver
You and Lone Raven Clothing Co. agree that any Claims must be brought individually and not as part of any class, consolidated, or representative action. Unless both parties agree otherwise in writing, the arbitrator may not consolidate Claims or preside over any form of a class or representative proceeding.
Any claim challenging this Class Action Waiver's enforceability may only be decided by a court, not an arbitrator.
