PLEASE READ THIS SECTION CAREFULLY. IT MAY AFFECT YOUR RIGHT TO BRING CERTAIN DISPUTES IN COURT.
To the extent the parties have entered into an enforceable agreement to these Terms, disputes arising solely from use of the Website or the interpretation, enforcement, or alleged breach of these Terms shall be resolved through binding individual arbitration, except as otherwise stated below.
Arbitration procedures
Arbitration shall be administered by the American Arbitration Association (AAA) under its applicable rules, including consumer arbitration rules where applicable.
The Federal Arbitration Act shall govern the interpretation and enforcement of this arbitration agreement to the extent applicable.
Unless the parties agree otherwise or applicable consumer arbitration rules require another arrangement, the arbitration location shall be St. Louis, Missouri.
Hearings may be conducted remotely or through document submissions when permitted by the applicable rules.
Arbitration fees and costs will be allocated under applicable AAA rules and governing law.
Each party remains responsible for its own legal expenses unless an arbitrator or applicable law provides otherwise.
Exceptions
Either party may pursue eligible individual claims in small claims court.
A party may seek appropriate temporary or preliminary judicial relief to protect intellectual property, prevent unauthorized system access, or preserve rights pending arbitration when permitted by applicable law.
Claims that cannot legally be subjected to arbitration are excluded.
Individual proceedings and class action waiver
To the extent legally enforceable, the parties agree to resolve covered disputes individually rather than through class, collective, consolidated, or representative proceedings.
Neither party shall seek to act as a class representative or class member in a covered arbitration.
An arbitrator shall not consolidate separate individuals’ claims or preside over class proceedings unless applicable law requires otherwise or the parties expressly agree.
If a court determines that a particular claim or remedy cannot lawfully be subjected to this waiver, the relevant portion shall be severed or addressed in court as required by law.
Jury trial waiver
For disputes validly subject to binding arbitration, the parties acknowledge that arbitration generally replaces a trial before a judge or jury.
Any separate contractual waiver of jury trial applies only where enforceable under applicable law.
Real estate contract exclusion
This arbitration section does not replace the dispute-resolution provisions of an executed real estate purchase agreement.
Any disputes concerning an actual property transaction shall be governed by the applicable written transaction documents and mandatory law.
Nothing in these Terms waives any rights or remedies arising under Missouri Revised Statutes Section 407.3600 or any other law that prohibits such waiver.