TERMS AND CONDITIONS
ARTICLE 17 - DISPUTE RESOLUTION FOR U.S. USERS
PLEASE READ THIS ARTICLE CAREFULLY. EXCEPT FOR CLAIMS DESCRIBED BELOW AND UNLESS YOU TIMELY OPT OUT, YOU AND NEXTMARVEL AGREE TO RESOLVE COVERED DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION. YOU AND NEXTMARVEL ALSO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION AND, FOR NON-ARBITRATED DISPUTES, THE RIGHT TO A JURY TRIAL.
17.1 Application. This Article applies to users and transactions in the United States and to any other user or transaction where the Federal Arbitration Act and this Article may lawfully apply. For users elsewhere, Article 18 and mandatory local law apply.
17.2 Covered Disputes. “Covered Dispute” means any dispute, claim, action, or controversy between you and NextMarvel arising out of or relating to the Services, Products, Orders, Accounts, Communications, User Content, privacy notices to the extent contractually arbitrable, Supplemental Terms, these Terms, or the parties’ relationship, under any legal theory and whether arising before or after these Terms become effective, except as expressly excluded below.
17.3 Notice and Informal Resolution. Before filing arbitration or litigation, the claimant must send a written Notice of Dispute identifying the claimant, describing the facts and requested relief, and providing information reasonably sufficient to evaluate the claim. Send notices to legal@zeelool.com and NEXTMARVEL, INC., 840 North Lenola Road, Moorestown, New Jersey 08057, Attn: Legal. We will send notices to your last known contact information. The parties will attempt in good faith to resolve the dispute for sixty (60) days after receipt. This process is a condition precedent to arbitration, except where emergency relief, small-claims relief, or Applicable Law permits otherwise. Limitation periods are tolled during that period to the extent permitted by law.
17.4 Individual Arbitration. Except for claims covered by Section 17.6, you and NextMarvel agree that Covered Disputes will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules in effect when the demand is filed. If AAA is unavailable or declines administration and the parties cannot agree on another provider, a court of competent jurisdiction may appoint an administrator consistent with this Article.
17.5 FAA and Delegation. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs interpretation and enforcement. The arbitrator, not a court, will decide disputes concerning interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court will decide disputes concerning the validity or enforceability of Section 17.8 and whether Section 17.9 applies.
17.6 Exceptions. Either party may bring an individual claim in small claims court if it qualifies and remains there. Nothing prevents reporting to a government agency, seeking emergency temporary relief to preserve the status quo pending arbitration, or seeking relief that cannot lawfully be arbitrated, including public injunctive relief where non-waivable. NextMarvel may seek court relief to protect intellectual property, confidential information, platform or data security, user safety, fraud controls, sanctions compliance, or unauthorized access.
17.7 Procedures and Location. Arbitration may be conducted remotely, by telephone, video conference, written submissions, or in the county where you reside, as permitted by AAA rules and determined by the arbitrator. The arbitrator may award the same individual remedies a court could award under Applicable Law but may not award relief for non-parties. The arbitrator will issue a reasoned written decision.
17.8 Class and Representative Action Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND NEXTMARVEL AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, PRIVATE-ATTORNEY-GENERAL, OR CLASS-ARBITRATION PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT CLAIMANT’S CLAIM.
17.9 Coordinated and Mass Arbitration. If twenty-five (25) or more substantially similar demands are asserted against NextMarvel within a 180-day period by or with the assistance of the same or coordinated counsel or organizations, the demands will be administered under AAA’s applicable mass-arbitration procedures. The parties agree to reasonable batching, staged filing fees, bellwether proceedings, mediation, sequencing, and administrative conferences authorized by those procedures while preserving individualized adjudication. Section 17.3 must be completed for each claimant.
17.10 Fees and Attorneys’ Fees. Consumer filing and administrative fees will be allocated under AAA rules and Applicable Law. Each party bears its own attorneys’ fees unless a fee-shifting statute, AAA rule, settlement, or award provides otherwise. The arbitrator may impose sanctions available under applicable rules for frivolous or improper submissions.
17.11 Jury Trial Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND NEXTMARVEL WAIVE ANY RIGHT TO A JURY TRIAL FOR A DISPUTE THAT IS NOT ARBITRATED OR FOR WHICH THE ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE. THIS WAIVER IS INDEPENDENT OF THE AGREEMENT TO ARBITRATE.
17.12 Right to Opt Out. You may opt out of Sections 17.4, 17.5, 17.8, 17.9, and 17.11 by submitting a valid written opt-out notice within thirty (30) days after your Individual Effective Date.
(a) Method. You must submit your opt-out notice by either of the following methods:
By email: market@zeelool.com
Online: https://www.zeelool.com/dispute-resolution-application
(b) Required Information. The notice must clearly state that you are opting out of the arbitration agreement, class action waiver, coordinated and mass arbitration procedures, and jury trial waiver; identify these Terms; include your full legal name, the email address associated with your Account, if any, and current mailing address; state, to the best of your knowledge, your Individual Effective Date; and be signed by you, including by typed full legal name or electronic signature.
(c) Representatives. A notice submitted by another person must include reasonable evidence of legal authority to act for you.
(d) Effect. A timely and valid opt-out affects only the identified provisions and does not affect the rest of these Terms. If you opt out, disputes will be resolved under Section 17.14 and Applicable Law.
17.13 Severability and Survival. If a provision of this Article is invalid or unenforceable, it will be enforced to the maximum extent permitted and severed where lawful. If Section 17.8 is held unenforceable as to a particular class or representative proceeding and cannot be severed, Sections 17.4 and 17.9 do not apply to that proceeding unless Applicable Law requires otherwise. This Article survives Account closure, Order completion, termination, and discontinuation for disputes governed by it.
17.14 Governing Law and Courts. These Terms are governed by New Jersey law, without regard to conflict-of-laws rules, except to the extent the FAA or another Applicable Law governs. If a Covered Dispute is not arbitrated, judicial proceedings must be brought in state or federal courts located in New Jersey, to the extent permitted by Applicable Law. Each party consents to personal jurisdiction and waives venue and inconvenient-forum objections to the extent permitted.
