This Agreement is binding and inures to the benefit of the Purchaser, the Retailer, and their successors and assigns. This Agreement is also for the benefit of the manufacturer, and any entity providing financing and their successors and assigns, who may elect to submit any dispute covered by this Agreement to binding arbitration by providing written notice to the Retailer and the Purchaser within 60 days of the date any complaint is served upon them.
We agree—both you (and your family
members and beneficiaries) and MARINA NATURALS LLC (meaning the
corporation together with its directors, officers, employees,
affiliates, agents, successors or assigns)—that (1) any mutual claim,
dispute or controversy, or (2) any claim by either of us against the
other on any matter, or (3) any claim arising from or related to this
agreement, or (4) any claim arising from the relationships that result
from this agreement, no matter against whom made, or (5) any dispute
over the applicability of this Arbitration Agreement, or (6) any dispute
about the validity of part of or the entire Arbitration Agreement (and
hereinafter any or all types of claims, disputes, or controversies shall
be referred to as a “Dispute” or “Disputes”), SHALL BE RESOLVED
EXCLUSIVELY BY NEUTRAL, BINDING ARBITRATION BY THE NATIONAL ARBITRATION
FORUM in the United States, under its Code of Procedure in effect at the
time that the cause(s) of the Dispute arose or at the time that the
Dispute is arbitrated (whichever is determined, in the sole discretion
of the arbitrator, to be appropriate), except as specified otherwise in
this Mutual Arbitration Agreement.
Arbitration hearings will take place
in a location as convenient for you as possible subject to the approval
of the National Arbitration Forum. To get more information on how to
file a claim and obtain relevant forms, please contact the National
Arbitration Forum at
http://www.adrforum.com/, write to them at
In the event that, for any reason, the
National Arbitration Forum is unable or unwilling to arbitrate the
Dispute in binding fashion, you and MARINANATURALS LLC agree that the
American Arbitration Association shall arbitrate the Dispute in binding
fashion. To contact the American Arbitration Association (at
www.adr.org), write to them at The
Paramount Building, 1633 Broadway, Tenth Floor, New York, NY
10019, call them at 1-212-484-3266, or fax them at 1-212-307-4387.
The identity of the arbitrator shall be determined solely by the
American Arbitration Association, so as to eliminate any undue influence
that you or MARINANATURALS LLC can apply to the detriment of the other
regarding the choice of arbitrator at the American Arbitration
Association.
In the event that, for any reason, the
American Arbitration Association is also unable or unwilling to
arbitrate the Dispute in binding fashion, you and MARINANATURALS LLC
agree that you and MARINANATURALS LLC shall endeavor in good faith to
secure the services of another neutral arbitration body and that, under
no circumstances, shall the Dispute be entertained by a court of law.
This Mutual Arbitration Agreement is
effective pursuant to a transaction involving interstate commerce, and
shall be governed by and interpreted under the Federal Arbitration Act.
The Act is codified as law at Title 9 of the U.S. Code, sections 1-16.
You may review the provisions of the Act at the website of the Office of
Law Revision Counsel of the United States House of Representatives.
We both agree that the arbitration
shall be conducted before one neutral arbitrator, who shall be selected
by the National Arbitration Forum (or by a default arbitration body as
set forth above). Any award of the arbitrator may be entered as a
judgment in a
BOTH PARTIES TO THIS Mutual
Arbitration Agreement--YOU AND MARINANATURALS,
LLC—UNDERSTAND THAT YOU AND WE WOULD HAVE HAD THE RIGHT OR
We agree that THE ARBITRATION SHALL BE
LIMITED SOLELY TO THE DISPUTE BETWEEN YOU AND MARINANATURALS LLC, meaning
that the arbitration, or any portion of it, will not be consolidated
with any other arbitration, and will not be conducted on a class-wide or
class action basis. In other words, WE ARE BOTH WAIVING THE RIGHT TO
JOIN OR CONSOLIDATE CLAIMS WITH OTHER PERSONS OR CORPORATIONS WHO MAY
HAVE THE SAME OR SIMILAR CLAIMS AGAINST YOU OR AGAINST US. Further, WE
BOTH WAIVE THE RIGHT TO ARBITRATE ANY CLAIM AS A REPRESENTATIVE OF A
CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, AND WE BOTH WAIVE THE
RIGHT TO PARTICIPATE IN ANY MANNER IN A CLASS ACTION EITHER IN COURT OF
LAW OR IN ARBITRATION AGAINST EACH OTHER.
THE TERMS OF THIS ARBITRATION
AGREEMENT MAY CHANGE WITHOUT NOTICE FROM TIME TO TIME. THE TERMS THAT
SHALL BE APPLICABLE TO DISPUTES BETWEEN YOU AND MARINANATURALS, LLC
SHALL BE THOSE TERMS THAT ARE SET
YOU MAY OPT OUT OF THIS AGREEMENT IF,
WITHIN 30 DAYS OF YOUR PURCHASE OF A PRODUCT FROM THIS WEBSITE, YOU SEND
AN EMAIL TO THE FOLLOWING EMAIL ADDRESS:
DISPUTE@MARINANATURALS.COM AND SUCH EMAIL CLEARLY INDICATES
YOUR REQUEST TO OPT OUT. You must include your name, telephone number,
and order number in your email. You will receive an email confirmation
of your opt-out within 5 business days. You must retain this email
confirmation of your opt-out for your records. If you do not receive an
email confirmation of your opt-out within 5 business days, please
contact us via the following telephone number:
In the event that, for whatever
reason, any portion of a dispute between you and MARINANATURALS LLC is
to be determined by a state court, we both agree that any questions
arising from or relating to this Mutual Arbitration Agreement, its
interpretation, its breach, its termination, its validity, and the
relationships that result from this Mutual Arbitration Agreement, or any
questions arising from or relating to the marketing, advertising, sales,
or any related purchase of products from MARINANATURALS LLC OR
WWW.MARINANATURALS.COM, SHALL, TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS
OF THE STATE OF NEW JERSEY, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
If you reside outside of the
Each party shall pay for its own costs
and attorneys' fees, if any, and MARINANATURALS
LLC will endeavor to secure pro bono assistance for an indigent
claimant. However, if a party prevails on a statutory claim that affords
the prevailing party attorneys' fees, the arbitrator may award
reasonable fees to the prevailing party, under the standards for fee
shifting provided by law.
MARINANATURALS LLC recognizes that the
size of a claim against it may be relatively minor compared to the
expense in bringing and maintaining an arbitration action, and
MARINANATURALS LLC recognizes that, by this Mutual Arbitration
Agreement, we have both waived our rights to proceed against each other
on a class action basis, whether in litigation or arbitration. Although
this Mutual Arbitration Agreement is reciprocal in every respect, we
understand that unequal bargaining power may exist between you and
MARINANATURALS LLC in making this agreement. Therefore, in light of our
mutual waiver of the opportunity and right to litigate disputes through
a court and to have a judge or jury decide the case, and in light of our
mutual waiver of the opportunity and right to proceed against each other
in class-wide litigation or class-wide arbitration. In addition,
we would also be happy to try to settle our dispute via mediation before
proceeding to binding arbitration.
If you wish to try mediation before
binding arbitration, then you and MARINANATURALS LLC hereby agree that
any and every Dispute shall be entertained by a mediator at the National
Arbitration Forum (using the contact information provided above for the
National Arbitration Forum) strictly between us within 30 days of your
asking us for mediation of the dispute. Any such mediation shall be held
in the location designated by the National Arbitration Forum, and shall
be conducted according to the mediation rules of the National
Arbitration Forum in effect at the time that the cause(s) of the Dispute
arose or at the time that the Dispute is mediated (whichever is
determined, in the sole discretion of the mediator, to be appropriate).
You can review the mediation procedures on the website of the Forum at
http://www.adrforum.com/, or by asking the Forum for a copy using the
Forum's contact information provided above. In the event that, for any
reason, the National Arbitration Forum is unable or unwilling to mediate
the Dispute, then the default mechanism as set forth above for
determining the arbitration body to resolve the Dispute in binding
fashion shall apply, mutatis mutandis, for determining the mediation
body, i.e., shall apply giving due consideration to the difference in
application between mediation and arbitration.
You and MARINANATURALS LLC hereby
further agree that both of us shall endeavor to resolve our mediated
dispute in good faith. If, 150 days after the commencement of mediation,
we are not successful in resolving the Dispute(s), then you and
MARINANATURALS LLC hereby agree that the matter shall be resolved solely
by binding arbitration strictly between you and MARINANATURALS LLC
according to the terms, conditions, and procedures for this outlined
above.
No waiver of any breach of this Mutual
Arbitration Agreement shall be considered as a waiver of any subsequent
breach of the same provision or other provision.
If any provision of this Mutual
Arbitration Agreement is held by any competent legal, arbitral, or
regulatory authority with jurisdiction to be invalid or unenforceable in
whole or in part, the validity of the other provisions and the remainder
of the affected provision shall be unaffected and shall remain in full
force and effect.
We shall have no liability to you for
any delay in performance to the extent that such delay is due to any
event outside our reasonable control including but not limited to acts
of God, flood, fire, WAR, labor disputes, sub-contractor delays,
strikes, lock outs, riots, civil commotion, malicious damage, explosion,
governmental action and any other similar events. If we are affected by
any such event, then time for performance shall be extended for a period
equal to the period that such event or events delayed such performance.
All third party rights are excluded
and no third party shall have any right to enforce this Mutual
Arbitration Agreement.
For Disputes that
arise from this particular purchase or website browsing/usage, this
current Mutual Arbitration Agreement supersedes all prior or
contemporaneous communications or proposals, whether electronic, oral or
written, between you and MARINANATURALS LLC, whether with respect to
this website or any other matter. For Disputes that arise from previous
purchases or website browsing/usage, the Mutual Arbitration Agreement
terms at the time of the previous purchase or website browsing/usage
remain in effect.
This Agreement is an election to
resolve claims, disputes, and controversies by arbitration rather than
the judicial process. IT IS UNDERSTOOD THAT THE PARTIES WAIVE ANY RIGHT
TO A JURY TRIAL OR A TRIAL IN COURT. The parties understand
that the rules applicable to arbitrations and the rights of parties in
arbitrations differ from the rules and rights applicable in court. The
arbitration will be conducted at an appropriate time and place set by
the arbitrator or panel in the county of sale. Purchaser(s) acknowledge
receipt of a copy of this Agreement. This Agreement dated 7