THIS ARBITRATION AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND REMEDIES BY PROVIDING THAT DISPUTES BETWEEN YOU AND SCAL PMED MUST BE RESOLVED THROUGH MANDATORY, BINDING ARBITRATION, RATHER THAN IN A COURT. PLEASE READ THIS AGREEMENT CAREFULLY. YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT SHALL BE EVIDENCED BY THE FIRST TO OCCUR OF: (1) YOUR OPENING OF ONE OR MORE OF THE SCALP MED PRODUCT UNITS SHIPPED TO YOU (COLLECTIVELY, THE “PRODUCT”), (2) YOUR OPENING OF ONE OR MORE OF THE SCALP MED ACCESSORY PRODUCTS SHIPPED TO YOU (COLLECTIVELY, THE “ACCESSORY PRODUCTS”), OR (3) YOUR RETAINING THE PRODUCT OR THE ACCESSORY PRODUCTS FOR MORE THAN TEN (10) DAYS AFTER RECEIPT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST RETURN THE PRODUCT AND/OR THE ACCESSORY PRODUCTS, AS THE CASE MAY BE, TO SCALP MED UNOPENED WITHIN TEN (10) DAYS OF RECEIPT AT NO COST TO YOU BY FOLLOWING THE PROCEDURES SPECIFIED IN THE RETURN POLICY OF SCALP MED. THIS ARBITRATION AGREEMENT COVERS ALL DISPUTES BETWEEN YOU AND SCALP MED REGARDING BOTH THE PRODUCT AND THE ACCESSORY PRODUCTS.
Any claim or dispute between you and Scalp Med (including any of Scalp Med’s subsidiaries or affiliates, collectively “Scalp Med”) arising out of or relating in any way to the Product, the Accessory Products or this Agreement shall be resolved through final, binding arbitration. This mandatory arbitration obligation applies regardless of whether the claim or dispute involves a tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory. Both you and Scalp Med specifically acknowledge and agree that you waive your right to bring a lawsuit based on such claims or disputes and that you waive your right to have such claims or disputes resolved by a judge or jury. Notwithstanding the foregoing, you have the right to seek relief in small claims court for claims or disputes within the scope of small claims jurisdictional limits.
All arbitrations under this Agreement shall be conducted on an individual (and not a class-wide) basis, and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that this Agreement specifically prohibits you from commencing arbitration proceedings as a representative of others or joining in any arbitration, litigation or other proceeding brought by any other person.
This Agreement shall be governed by the United States Federal Arbitration Act and the laws of the state of California.
If any provision of this Agreement is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable.
Each of the parties hereby (a) irrevocably waives, to the maximum extent not prohibited by law, any right it may have to a trial by jury in respect of any proceeding directly or indirectly at any time arising out of, under or in connection with the purchase of the Product and the Accessory Products from Scalp Med or any transaction contemplated hereby or associated herewith; (b) irrevocably waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any such proceeding any special, exemplary, punitive or consequential damages, or any damages other than, or in addition to, actual damages.
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