Dispute Resolution; Binding Arbitration Agreement; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. IT CONTAINS AN AGREEMENT TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS, A WAIVER OF THE RIGHT TO A JURY TRIAL, AND A WAIVER OF THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

1. Informal Resolution First

Before filing a claim, you and Palatelocal Inc. ("Company") agree to try to resolve any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform (a "Dispute") informally. You must send a written Notice of Dispute to [legal/dispute email address] or [mailing address], including your name, the account associated with your claim, a description of the Dispute, and the relief you are seeking. Company will do the same if it initiates a Dispute against you. The parties agree to negotiate in good faith for at least thirty (30) days from the date the notice is received before either party commences arbitration or files a claim in small claims court.

2. Agreement to Arbitrate

If the Dispute is not resolved within the informal-resolution period, you and Company agree that the Dispute will be resolved exclusively through final and binding arbitration, rather than in court, except that either party may bring an individual action in small claims court if the claim qualifies. This arbitration agreement is governed by the Federal Arbitration Act (FAA).

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (or, for arbitrations between businesses, its Commercial Arbitration Rules), as modified by this agreement, available at www.adr.org or by calling 1-800-778-7879. A single arbitrator will be appointed in accordance with those rules. The arbitration will be conducted in [County], California, or another mutually agreed location, or, if both parties agree, by telephone or videoconference or based on written submissions.

The arbitrator, and not any federal, state, or local court, has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of it is void or voidable — except that the class action waiver in Section 4 will be enforced by a court, not an arbitrator.

3. Jury Trial Waiver

You and Company acknowledge and agree that each party is waiving the right to a trial by jury as to all arbitrable Disputes.

4. Class Action and Representative Action Waiver

You and Company agree that each party may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class, collective, or representative proceeding. If a court decides that applicable law precludes enforcement of this Section 4's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court, and any remaining claims will proceed in arbitration.

5. Exceptions

Notwithstanding the foregoing, either party may bring a claim: (a) in small claims court, if the claim qualifies; (b) for injunctive or other equitable relief to prevent actual or threatened infringement, misappropriation, or violation of a party's intellectual property or confidentiality obligations; or (c) as otherwise required to preserve claims that cannot, as a matter of law, be subject to pre-dispute arbitration.

6. Governing Law and Venue

These Terms and any Dispute not subject to arbitration (including any dispute over the enforceability of the class action waiver) will be governed by the laws of the State of California, without regard to its conflict-of-laws principles, and the parties’ consent to the exclusive jurisdiction and venue of the state and federal courts located in California.

7. Severability

If any provision of this arbitration agreement is found unenforceable, that provision will be severed, and the remainder of the agreement will be given full force and effect, except as provided in Section 4 regarding the class action waiver.

8. Survival

This Section will survive termination of your relationship with Company and any termination of these Terms.

9. Contact

Please contact the following for all matters relating to this Privacy Policy:

Palatelocal Inc.

Email: support@palatelocal.com