16, Dispute Resolution/Arbitration Agreement.
You and THEFURNITUREROW.COM waive the right to a trial by jury and any right to have a Dispute heard in court. In arbitration, Disputes are resolved by a neutral arbitrator instead of a judge or jury, discovery is more limited than in court, and the arbitrator’s decision is subject to limited review by courts. The arbitrator can award on an individual basis the same damages and relief as a court, including monetary damages, injunctive relief, and declaratory relief. Judgment on the arbitrator’s award may be entered in any court having jurisdiction thereof. A single arbitrator with the American Arbitration Association (“AAA”) will conduct the arbitration, and the award may not exceed the relief allowed by applicable law. The arbitration will be conducted in the county of your residence or another mutually agreed location. The AAA’s Consumer Arbitration Rules will apply. If AAA will not apply those rules, then AAA’s Commercial Arbitration Rules will apply. The AAA’s rules and a form that can be used to initiate arbitration proceedings are available at http://www.adr.org. You and THEFURNITUREROW.COM agree that if for any reason AAA will not conduct or becomes unavailable to conduct the arbitration, then a court may appoint a substitute arbitrator, and further agree that the choice of AAA as a forum is not integral to the Agreement.
B. Arbitration Class Action Waiver. You and THEFURNITUREROW.COM agree that the arbitration will be conducted solely on an individual basis and not on a class, representative, consolidated, or private attorney general basis. A Dispute may not be consolidated with a claim brought or discovery by any person or entity that is not a party to the arbitration proceeding. The arbitrator may not award relief to any person or entity other than a party to the arbitration proceeding and may only award such relief as is necessary to provide relief to a party to the arbitration proceeding. If a court deems any portion of this Section B invalid or unenforceable, then Sections A and C of the Agreement will be null and void.
C. Fees and Costs in Arbitration. If your total damage claims are $25,000 or less, not including your attorneys’ fees: (1) the arbitrator may award you your reasonable attorneys’ fees, expert fees, and costs if you prevail in the arbitration; (2) the arbitrator may not award THEFURNITUREROW.COM its attorneys’ fees, expert fees, or costs unless the arbitrator determines that your claim was frivolous or brought in bad faith; and (3) THEFURNITUREROW.COM will bear all filing fees and administrative fees and either reimburse you for any such fees that AAA requires you to pay upon initiating arbitration or, if you send a written request to Legal Department, THEFURNITUREROW.COM America LLC, P.O. Box 468431, Perimeter Center, 4707 Ashford Dunwoody Road, Atlanta, GA 30338 before you initiate arbitration, THEFURNITUREROW.COM will pay to AAA any such fees that AAA requires to be paid upon initiation of arbitration. If your total damage claims are more than $25,000, not including your attorneys’ fees, then the arbitrator may award the prevailing party all or a portion of its reasonable attorneys’ fees, expert fees, and costs. In arbitrations conducted under AAA’s Consumer Arbitration Rules, (a) THEFURNITUREROW.COM will bear the arbitrator’s fees and expenses, and (b) where no disclosed claims or counterclaims exceed $25,000, the Dispute shall be resolved by the submission of documents only/desk arbitration, except that any party may ask for a hearing or the arbitrator may decide that a hearing is necessary. Except as otherwise provided herein, all filing fees, administrative fees, and arbitrator fees and expenses will be paid in accordance with the applicable AAA rules.
D. Non-Arbitration Class Action and Jury Waiver. You and THEFURNITUREROW.COM agree that if for any reason a Dispute proceeds in court rather than arbitration: (1) you and THEFURNITUREROW.COM waive any right to a jury trial; (2) the Dispute will proceed solely on an individual, non-class, non-representative basis; and (3) neither you nor THEFURNITUREROW.COM may be a class representative or class member or otherwise participate in any class, representative, consolidated, or private attorney general proceeding.
E. Severability. If any part of this Agreement is found invalid or unenforceable, then the other parts of the Agreement shall remain in full force and effect, except that if any part of Section B is found invalid or unenforceable, then Sections A and C of the Agreement will be null and void, and the other parts of the Agreement shall remain in full force and effect.