The parties agree to resolve any dispute through binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) in effect at the time. Unless otherwise stated here, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit where Sherpa Honey’s primary business location is situated, without consideration of conflict of law principles. Within ten (10) calendar days of an arbitration demand being served, the parties must jointly select an arbitrator with a minimum of five years’ experience in arbitration and familiarity with the dispute’s subject matter. If no agreement on an arbitrator is reached within ten (10) days, either party may request the AAA to appoint an arbitrator meeting these qualifications.
In the event of a dispute, the arbitrator will determine the enforceability and interpretation of this arbitration agreement following the Federal Arbitration Act (“FAA”). The AAA’s rules for Emergency Measures of Protection shall apply instead of seeking emergency relief from a court. The arbitrator’s decision will be final and binding, with limited appeal rights under section 10 of the FAA. Each party will be responsible for its share of arbitration and administrative fees, although the arbitrator may assign payment of these fees as part of a reasoned decision.
The arbitrator’s authority to award attorneys’ fees is limited to cases where statute or contract expressly provides for it. Punitive damages may not be awarded, and both parties waive any right to pursue punitive damages in arbitration. The parties agree to arbitrate individually, with no class or representative arbitration permitted.
Except as required by law, neither the parties nor the arbitrator may disclose the existence, content, or outcome of any arbitration without prior written consent, unless necessary to protect or enforce a legal right. Should any portion of this Section be deemed invalid or unenforceable in a given jurisdiction, it will not impact the validity or enforceability of other provisions in this Section or other jurisdictions.
If, for any reason, a dispute proceeds to court instead of arbitration, both parties waive their right to a jury trial. This arbitration clause will survive the cancellation or termination of your participation in any Sherpa Honey Programs.
Please review our complete terms and conditions.
