TERMS & CONDITIONS

THIS SECTION REQUIRES THAT ANY DISPUTE ARISING FROM THESE TERMS MAY BE RESOLVED BY BINDING ARBITRATION, WHICH REPLACES THE RIGHT TO GO TO COURT.
(a) You acknowledge and agree that these Terms and the agreements contained herein are made pursuant to a transaction involving interstate commerce, and shall be governed by, and be enforceable under, the Federal Arbitration Act (the “FAA”) (9 U.S.C. §1 et seq.) as it may be amended. This Section sets out the circumstances and procedures under which Claims (as defined below) may be resolved by arbitration instead of a court.
(b) For the purposes of these Terms, the terms “Claim” or “Claims” refer to any disputes, controversies, claims, counterclaims, allegations of liability, theories of damage, or defenses between 4K Fashions, and any of its respective subsidiaries and affiliates, on the one hand, and you, the user of the Web Properties or holder of the User Account, on the other hand (all of the foregoing each being referred to as a “Party” and collectively as the “Parties”).
(c) This Section and Section 15 (WAIVER OF CLASS ACTIONS) govern all Claims, whether based in law, common law, tort, contract, status, regulation, ordinance, constitutional provision, or any other legal theory of law, including respondent superior, or any other legal or equitable ground. In addition, this Section and Section 15 govern whether or not such Claims seek as remedies declaratory relief, equitable relief, money damages, penalties or injunctions. For the purposes of these Terms, the term Claim is to be given the broadest possible meaning, including counterclaims, cross claims, third party claims, interpleaders or otherwise. Any claim, dispute or controversy regarding the applicability of this Section or Section 15 (WAIVER OF CLASS ACTIONS) or the validity of any or all of these Terms or the Privacy Policy or any prior Terms or Privacy Policy are also Claims for the purposes of this Section and Section 15 (WAIVER OF CLASS ACTIONS).
(d) Subject to the provisions of this Section and Section 15 (WAIVER OF CLASS ACTIONS), a Party hereto may elect to pursue mandatory binding arbitration with respect to any Claim. A Party who initiates a proceeding in court may elect arbitration with respect to any such Claims advanced in the lawsuit by any Party or Parties.
(e) A Party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”) describing (a) the nature and basis of the Claim or dispute; and (b) the specific relief sought (“Demand”). The Notices should be addressed (“Notice Address”) as follows: 
4K Fashions
Attn: Legal Department
7726 N First Street
Suite 159
Fresno, CA 93720
 
(f) You must notify 4K Fashions of any Claim brought by you within 100 days of the event or events giving rise to such Claim or you will have waived your right to bring such Claim or to participate in any legal action relating to such Claim. If 4K Fashions and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or 4K Fashions may commence an arbitration proceeding. After 4K Fashions receives notice at the Notice Address that you have commenced arbitration, 4K Fashions will promptly reimburse you for your payment of the filing fee required by the arbitration administrator, unless your Claim is for greater than $75,000.
(g) The Party filing a Claim in arbitration must choose one of the following two arbitration administrators: American Arbitration Association (“AAA”); or JAMS/Endispute (“JAMS”), both of which are independent from us. Any arbitration will be conducted under the rules of the selected arbitration administrator by an impartial third party chosen in accordance with the rules of the selected arbitration administrator and as provided herein. Arbitration hearings will be held at a place chosen by the arbitrator or arbitration administrator within the federal judicial district in which you reside at the time the Claim is filed or at some other place as agreed by the Parties in writing. If your Claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by telephone, or by an in-person hearing as established by the rules of the arbitration administrator.
(h) Copies of the current rules of the arbitration administrators named above, and well as information about arbitration and arbitration fees, and instructions for initiating arbitration may be obtained by using the following contact information:

AAA
1633 Broadway, 10th Floor
New York, NY 10019
Website: adr.org
Phone: 800-778-7879
JAMS
1920 Main Street, Suite 300
Irvine, CA 92614
Website: jamsadr.com
Phone: 800-352-5267
 
(i) Claims will be resolved by a single, neutral arbitrator, who will be either a lawyer with at least ten (10) years of experience or a retired or former judge. The applicable procedures and rules of the arbitration administrator that are in effect on the date the arbitration is filed will govern the arbitration unless those procedures and rules are inconsistent with this Section, in which case the procedures and rules of this Section will prevail. The procedures and rules of arbitration may limit the amount of discovery available to you or us in the proceeding. Applicable substantive law consistent with the FAA and applicable statutes of limitations will be applied, and the arbitrator will honor claims of privilege recognized at law. At your discretion, you may have a hearing and be represented by counsel. Reasonable steps will be taken by the arbitrator to protect customer information and other confidential information, and the arbitrator may use protective orders to prohibit disclosure outside the arbitration if requested to do so by either Party. The arbitrator will have the power to award to a Party any damages or other relief provided for under applicable law, but will not have the power to award relief to, against, or for the benefit of any person who is not a Party to the proceeding. The arbitrator may award punitive damages or attorney fees if the law and/or these Terms authorize such relief. Any award made by the arbitrator will be evidenced in writing by the arbitrator, but the arbitrator is not required to provide a statement of reasons unless requested by a Party.
(j) Except as otherwise provided for herein, 4K Fashions will pay all filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your Claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the rules of the arbitration administrator. In such case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the rules of the arbitration administrator. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the rules of the arbitration administrator.
(k) Any failure or other delay by either Party in enforcing this Section at any time, or in connection with any particular Claims, will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. Decisions rendered in arbitration proceedings will be final and binding on the Parties. There shall be no appeal from arbitration decisions other than for arbitrator bias, fraud or misconduct and any award granted in arbitration will be enforceable by any court having jurisdiction as provided by the FAA and/or other applicable law.
(l) You acknowledge that conduct by you that is inconsistent with the requirements of these Terms may cause 4K Fashions irreparable damage for which monetary relief may be inadequate. You agree that
4K Fashions may seek injunctive or other equitable relief prior to or during the pendency of any arbitration seeking to restrain such conduct without the necessity of proving actual harm or posting a bond.
(m) This Section shall survive (i) termination of, or changes in, these Terms and any relationship between you and 4K Fashions and/or its service providers; (ii) the bankruptcy of any Party or any other similar proceeding initiated by you or on your behalf; and (iii) payment in full of any debt by you or by a third party. Should any portion of this Section be deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. Notwithstanding any provision in these Terms, we agree that if we makes any future change to this Section (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Section.