GOVERNING LAW, VENUE & ARBITRATION
Except if you opt-out or for disputes relating to your or LIKI BRAND's intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents) ("Excluded Disputes"), you agree that all disputes between you and LIKI BRAND (whether or not such dispute involves a third party) with regard to your relationship with LIKI BRAND, including without limitation disputes related to this Returns and Exchanges Policy, your use of the Site, purchase of products, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and LIKI BRAND hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules and as long as such matter is only pending in that court. You may bring claims only on your own behalf. Neither you nor LIKI BRAND will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if LIKI BRAND is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either LIKI BRAND or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Returns and Exchanges Policy, or the website Terms of Service.
YOU MAY OPT OUT OF THIS AGREEMENT TO ARBITRATE. If you do so, neither you nor LIKI BRAND can require the other to participate in an arbitration proceeding. To opt out, you must notify LIKI BRAND in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
ATTN: Arbitration Opt-out (Legal Department)
PO BOX 690224
Killeen, TX 76549
You must include your name and residence address, the email address you use for your LIKI BRAND account (if any), and a clear statement that you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with LIKI BRAND.
GOVERNING LAW & VENUE
For any action at law or in equity relating to the arbitration provision of this Returns and Exchanges Policy, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with LIKI BRAND exclusively in a state or federal court located in Bell County, Texas and to submit to the personal jurisdiction of the courts located in Bell County for the purpose of litigating all such disputes.
If any provision of these Returns and Exchanges Policy is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from this Returns and Exchanges Policy and will not affect the validity and enforceability of any remaining provisions. LIKI BRAND's failure to insist upon or enforce strict performance of any provision of this Returns and Exchanges Policy will not be construed as a waiver of any provision or right. No waiver of any of this Returns and Exchanges Policy will be deemed a further or continuing waiver of such term or condition or any other term or condition. LIKI BRAND reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with LIKI BRAND.