PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING CERTAIN CLAIMS IN COURT.
This Dispute Resolution and Arbitration provision ("Arbitration Agreement") applies to any dispute, claim, or controversy between you and Omegalaurin LLC ("Omegalaurin," "we," "us," or "our") arising out of or relating to your use of https://omegalaurin.com/, your purchase or use of our products, your communications with us, or these Terms of Service.
1. Informal Dispute Resolution
Before initiating arbitration or filing a lawsuit, you agree to first give Omegalaurin LLC an opportunity to resolve the dispute informally.
You may contact us using the contact information provided below and provide:
Your name and contact information;
A description of the dispute;
The transaction or order involved, if applicable; and
The resolution you are requesting.
You agree to allow Omegalaurin LLC a reasonable opportunity to investigate and attempt to resolve the dispute before initiating formal proceedings.
2. Agreement to Individual Arbitration
If the dispute cannot be resolved informally, you and Omegalaurin LLC agree, to the maximum extent permitted by applicable law, that any dispute, claim, or controversy arising out of or relating to these Terms, the website, our products, or your relationship with Omegalaurin LLC shall be resolved through individual, binding arbitration, rather than in court.
The arbitration shall be conducted by a neutral arbitrator in accordance with the applicable rules of the American Arbitration Association (AAA), unless you and Omegalaurin LLC mutually agree to another arbitration provider or procedure.
The arbitrator, rather than a court, shall generally have authority to resolve disputes subject to this Arbitration Agreement, except where applicable law provides otherwise.
3. Individual Claims Only
To the fullest extent permitted by applicable law, you and Omegalaurin LLC agree that any arbitration or legal proceeding shall be brought solely on an individual basis.
You may not:
Bring a claim as part of a class action;
Participate as a class member in a class action against Omegalaurin LLC;
Bring a collective action;
Bring a representative action on behalf of other customers; or
Combine your claim with claims brought by other individuals.
The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that individual's claim.
4. Exceptions to Arbitration
Nothing in this Arbitration Agreement prevents either party from:
a) Bringing an individual claim in small claims court if the claim qualifies under applicable law;
b) Seeking temporary, preliminary, or emergency injunctive relief from a court when necessary to protect intellectual property rights or prevent immediate and irreparable harm; or
c) Pursuing any other claim that cannot legally be required to proceed through arbitration.
5. Arbitration Location and Procedure
Arbitration may be conducted by telephone, videoconference, written submissions, or another mutually agreed method when appropriate.
For in-person proceedings, the location shall be determined in accordance with the applicable AAA rules and applicable law, taking reasonable consideration of the consumer's location.
The arbitrator shall apply applicable substantive law and shall issue a written decision.
6. Arbitration Fees
Arbitration fees and costs shall be allocated in accordance with the applicable AAA rules and applicable law.
Omegalaurin LLC will not require a consumer to pay arbitration fees that the company is legally required to pay.
If applicable law or the applicable arbitration rules provide for reduced or waived fees for consumers who qualify, those provisions shall apply.
7. Governing Law
These Terms and this Arbitration Agreement shall be governed by the laws of the State of New York, without regard to conflict-of-law principles, except to the extent that federal law or applicable consumer protection law requires otherwise.
The arbitration provisions of the Federal Arbitration Act (FAA) shall apply to the extent applicable.
8. Waiver of Jury Trial
To the extent that a dispute is permitted to proceed in court rather than arbitration, you and Omegalaurin LLC agree, to the fullest extent permitted by law, to waive any right to a trial by jury.
9. Severability
If any portion of this Arbitration Agreement is determined to be unenforceable, invalid, or unlawful, that portion shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in effect.
If the prohibition against class, collective, or representative proceedings is found to be unenforceable as to a particular claim, then that claim shall proceed in the appropriate court rather than arbitration, unless otherwise required by law.
10. Survival
This Arbitration Agreement shall survive the termination of your account, your use of the website, your purchase of products, and these Terms of Service to the extent necessary to resolve any dispute arising from your relationship with Omegalaurin LLC.
11. Contact Information
Questions regarding this Arbitration Agreement or a dispute may be submitted to:
Omegalaurin LLC
Website: https://omegalaurin.com/
Email: service@omegalaurin.com
Mailing Address: 557 Grand Concourse, Ste 3 PMB, Bronx, NY 10451