Please read this section carefully. It requires binding arbitration of covered disputes and waives the right to a court or jury trial for those disputes. This obligation applies to both you and Rose Joseph.
These Conditions and the sale are governed by Texas law, without regard to its conflict-of-laws principles, subject to applicable federal law and mandatory consumer protections. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. Texas arbitration law applies only to the extent it is applicable and not preempted by federal law.
Agreement to arbitrate. Except for the exceptions below, you and Rose Joseph agree that any dispute or claim arising out of or relating to these Conditions, your order, your purchase, a Rose Joseph piece, or related communications will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its applicable Consumer Arbitration Rules and Consumer Due Process Protocol, rather than in court. This agreement is mutual and applies to contract, statutory, and tort claims to the extent permitted by law.
Exceptions and court proceedings. Either party may bring an eligible claim in small claims court as permitted by the AAA Consumer Arbitration Rules. Claims that applicable law prohibits from being subjected to a predispute arbitration agreement are excluded to that extent. A court of competent jurisdiction may determine whether an arbitration agreement was formed, determine enforceability or arbitrability as required by law, compel arbitration, or confirm, vacate, or enforce an award as permitted by law. Nothing here prevents a complaint to a government agency or the exercise of a nonwaivable right.
Jury trial waiver. By actively accepting these Conditions before purchasing, you and Rose Joseph knowingly agree to waive a court and jury trial for disputes subject to this enforceable arbitration agreement. Those disputes will be decided by a neutral arbitrator. This waiver does not apply to claims excluded from arbitration under this section or to rights that cannot lawfully be waived.
Procedure and location. The arbitration will be conducted by one neutral arbitrator appointed under the AAA rules. The rules, filing instructions, and fee schedule are available at https://www.adr.org/consumer. A customer may elect a remote hearing or, if an in-person hearing is appropriate, a reasonably convenient location in the customer’s county of residence, subject to the AAA rules. An Austin hearing may be held if both parties agree after the dispute arises. Texas governing law does not require the customer to travel to Texas.
Fees and remedies. Fees and arbitrator compensation will be allocated under the applicable AAA consumer rules and fee schedule. Rose Joseph will pay the business’s required share. Nothing here increases the customer’s required fees beyond those rules or applicable law. The arbitrator may award the relief available under applicable law, including statutory remedies and attorney fees where authorized. A customer is not required to pay Rose Joseph’s attorney fees merely because the customer does not prevail. The award is binding, subject to the limited review provided by applicable law.
Contact and administration. You may contact Rose Joseph at contact@rosejoseph.com or Rose Joseph LLC, 5900 Balcones Dr, STE 100, Austin, TX 78731 to seek an informal resolution. Informal contact is encouraged but is not a prerequisite to filing a claim. Rose Joseph will comply with applicable AAA clause registration, review, and payment requirements. If AAA declines administration because Rose Joseph has not complied with those requirements, this section does not prevent the customer from seeking relief in court as permitted by the AAA rules and law. A substitute provider may be selected by mutual agreement after the dispute arises.
Severability. If a portion of this arbitration section is unenforceable, it will be severed only to the extent permitted by law, and the remaining provisions will apply if enforceable. If the agreement to arbitrate a particular claim cannot be enforced, that claim may proceed in a court of competent jurisdiction, and this section imposes no separate jury waiver on it.