Dispute Resolution and Arbitration Agreement
A. Dispute Resolution by electronic mail: Informal Dispute Resolution: Mindful of the high cost of legal disputes, not only in British Pound Sterling but also in time and energy, both you and ill Flava Records agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by e-mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to:
1. Ill Flava Records at: salesteam@illflava.com
2. You at: your last-used billing address or the billing and/or shipping address in your online profile
Both you and ill Flava Records agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.
B. Dispute Resolution through PayPal : The party asserting the Dispute may also try in good faith to settle such Dispute by opening a dispute in the PayPal Resolution Centre [click here]. Both parties shall be bound by the terms and conditions of PayPal’s resolution procedure.
The party asserting the Dispute may also try in good faith to settle such Dispute by opening a dispute in the PayPal Resolution Centre [click here]. Both parties shall be bound by the terms and conditions of PayPal’s resolution procedure.
Arbitration Agreement :
To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration. You agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute. You and ill Flava Records expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision.
You may begin an arbitration proceeding by sending a e-mail requesting arbitration to ill Flava Records at: salesteam@illflava.com
Waiver of Right to Bring Class Actions and Representative Claims :
All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in a court of law or equity, however, any relief must be individualized to you and shall not affect any other customer. You and ill Flava Records agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and ill Flava Records hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.