Dispute Resolution & Arbitration Agreement

Effective Date: January 1, 2025

This Dispute Resolution Policy explains how disputes between you and Dog Lovers, LLC are resolved, including our binding arbitration agreement.

Important Notice

This agreement contains a binding arbitration clause and class action waiver. By using DogLovers, you agree to resolve disputes through individual arbitration rather than court proceedings or class actions. Please read this carefully.

1. Informal Resolution First

Before filing any formal dispute, we require a good-faith attempt at informal resolution:

Step 1: Contact Us

Email disputes@doglovers.co with a detailed description of your concern, your desired resolution, and supporting documentation.

Step 2: 60-Day Negotiation Period

Both parties agree to negotiate in good faith for 60 days. Most disputes are resolved during this period.

Step 3: Escalation (If Needed)

If informal resolution fails, you may proceed to arbitration as described below.

2. Binding Arbitration Agreement

You and Dog Lovers, LLC agree that all disputes will be resolved through binding individual arbitration rather than in court, except for the exclusions listed in Section 5.

2.1 What is Arbitration?

Arbitration is a form of alternative dispute resolution where a neutral third-party arbitrator reviews evidence and makes a binding decision. It is typically faster and less expensive than court litigation.

2.2 Arbitration Provider

Disputes will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which can be found at www.adr.org.

If AAA is unavailable, the parties will mutually select an alternative arbitration provider. If no agreement is reached, a court will appoint an arbitrator.

2.3 Arbitration Rules

  • • Location: Arbitration hearings will be conducted in New Castle County, Delaware, or remotely via video conference if mutually agreed.
  • • Costs: Each party pays their own attorneys' fees. Dog Lovers will pay AAA filing fees for claims under $10,000. For claims over $10,000, fees are split equally unless the arbitrator decides otherwise.
  • • Discovery: Limited discovery will be permitted as determined by the arbitrator.
  • • Decision: The arbitrator's decision is final and binding, with very limited appeal rights under the Federal Arbitration Act.

2.4 Mass Arbitration Procedures

In the event 25 or more similar claims are filed simultaneously ("mass arbitration"), the following bellwether process applies:

  1. Counsel for claimants and Dog Lovers will each select 10 representative cases
  2. Only these 20 cases will proceed to arbitration initially
  3. The remaining cases are stayed pending resolution of the bellwether cases
  4. After bellwether decisions, the parties will engage in a global mediation
  5. If mediation fails, the remaining cases will be arbitrated individually

3. Class Action Waiver

YOU AND DOG LOVERS WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS.

All disputes must be brought in an individual capacity, not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding. The arbitrator may not consolidate claims or conduct class proceedings.

Severability

If any court or arbitrator determines that the class action waiver is unenforceable, the entire arbitration agreement becomes void, and disputes will be resolved in court.

4. Opt-Out Right (30 Days)

You have 30 days from account creation to opt out of this arbitration agreement. To opt out:

  1. Send an email to optout@doglovers.co
  2. Include your name, email address, and phone number
  3. Write "ARBITRATION OPT-OUT" in the subject line
  4. State clearly: "I opt out of the DogLovers arbitration agreement"

Opting out does not affect any other terms of our Terms of Service. You will still be able to use DogLovers, but disputes will be resolved in court.

5. Exceptions to Arbitration

The following disputes are not subject to arbitration and may be brought in court:

  • • Small Claims Court: Claims within the jurisdictional limit of small claims court (typically under $10,000) may be filed in small claims court.
  • • Intellectual Property: Disputes related to intellectual property infringement, misappropriation, or dilution.
  • • Injunctive Relief: Either party may seek injunctive or equitable relief in court to prevent irreparable harm.
  • • Government Actions: Nothing in this agreement prevents you from filing a complaint with a government agency (FTC, state attorney general, etc.).

6. Governing Law & Venue

This arbitration agreement and any disputes are governed by:

  • • Federal Law: The Federal Arbitration Act (9 U.S.C. §§ 1-16) governs the interpretation and enforcement of this arbitration agreement.
  • • State Law: The laws of the State of Delaware (without regard to conflict of laws principles) govern the substance of disputes.
  • • Venue: Any court proceedings (for exceptions to arbitration) must be filed in the state or federal courts located in New Castle County, Delaware.

7. Statute of Limitations

Any claim or dispute must be filed within one (1) year from the date the claim arose. Claims filed after one year are permanently barred.

8. Changes to This Agreement

We may update this Dispute Resolution Policy from time to time. Material changes will be communicated via email or prominent notice on our platform at least 30 days before taking effect. Continued use after changes constitutes acceptance, except that changes will not apply to disputes that arose before the change.

9. Contact Information

For Dispute Resolution Inquiries:

Email: disputes@doglovers.co

To Opt Out of Arbitration:

Email: optout@doglovers.co

Mailing Address:

Dog Lovers, LLC
Legal Department
131 Continental Dr, Suite 305
Newark, DE 19713

By using DogLovers, you acknowledge that you have read, understood, and agree to this Dispute Resolution Policy, including the binding arbitration agreement and class action waiver.