DISPUTE RESOLUTION & ARBITRATION AGREEMENT
This policy was last revised on: June 4, 2019.
Scope of the Arbitration Agreement.
Mindful of the high cost of legal disputes, not only in dollars but in time and energy, both you and Sheplers.com agree that any legal dispute between you and Sheplers.com concerning or arising in any way out of these Terms, any purchase from Sheplers.com, any communications between you and Sheplers.com, or your participation in any other program or service provided by Sheplers.com shall be resolved through binding individual arbitration unless you opt out of this Arbitration Agreement using the process explained below. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights. However, either you or Sheplers.com may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. The term “dispute” means any dispute, action, claim, or other controversy between you and Sheplers.com, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
Informal Dispute Resolution.
Either party asserting a dispute shall first try in good faith to resolve it by providing written notice as specified below to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 30 days in which to respond. Notice shall be made by first class or registered mail (1) to Sheplers.com at Sheplers.com Attn: Customer Service PO Box 12445 Wichita, KS 67277-2445 or (2) to you at the postal address on file with Sheplers.com. Both you and Sheplers.com agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.
Right to Opt Out of this Arbitration Agreement.
You may opt out of this Arbitration Agreement within the first 30 days after the earliest of the first time you (a) make a purchase from our website; or (b) sign up for any program or service provided by Sheplers.com. You may also opt out of this Arbitration Agreement within 30 days after we notify you regarding a material change to this Arbitration Agreement. You may opt out by sending an email to firstname.lastname@example.org or by sending a letter to Sheplers.com Attn: Customer Service PO Box 12445 Wichita, KS 67277-2445. You should include your printed name, mailing address, and the words “Reject Arbitration.”
How Arbitration Works.
Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, the parties shall agree to, or the court shall select, another arbitration provider. Unless you and Sheplers.com agree otherwise, any arbitration hearing shall take place in the county of your residence (as determined by your billing address on file with Sheplers.com). If you live outside the United States, any arbitration will take place in the USA. Except for claims determined by the arbitrator to be frivolous, Sheplers.com will pay all filing, administrative, arbitrator and hearing costs and waives any rights it may have to recover an award of attorneys’ fees and expenses against you.
Waiver of Right to Bring Class Action and Representative Claims.
Any arbitration shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and Sheplers.com also agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Sheplers.com hereby waive the right to a trial by jury, to assert or participate in any class action lawsuit or class action arbitration, any private attorney general lawsuit or private attorney general arbitration, and any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or representative action must be brought in a court of proper jurisdiction and not in arbitration.
Governing Law and Other Terms.
This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. To the extent state law applies to any aspect of this Arbitration Agreement, or to any disputes and claims that are covered by the Arbitration Agreement, the law of the state or country of your residence, as determined by your mailing address on file with Sheplers.com, will govern. Only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of this Agreement, including whether any dispute falls within its scope. However, the parties agree that any issue concerning the validity of the class/representative action waiver above must be decided by a court, and an arbitrator does not have authority to consider the validity of the waiver. Except as set forth in the above paragraph regarding the class/representative action waiver, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement. This Dispute Resolution & Arbitration Agreement survives the termination of your relationship with Sheplers.com, including the end of your participation in any program or service and opt-out of consent for marketing or other agreements with Sheplers.com. Sheplers.com will provide notice of any material changes to this Arbitration Agreement.