Introduction
ARBITRATION. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION INSTEAD OF COURT PROCEEDINGS.
Details
Binding arbitration.
You agree to submit any claim, dispute, action, cause of action, issue, or request for relief to binding arbitration rather than by filing any lawsuit in any forum other than set forth in this Section. Further you agree arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this agreement. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to your use of Iris. Any dispute or claim made by you against us arising out of or relating to these this Agreement or your use of Iris (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that you may take claims to small claims court if they qualify for hearing by such a court.
Arbitration Procedures.
You must first present any claim or dispute to us by contacting our Customer Care Center at irissupport@lowes.com or 1-855-469-4747 to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 60 days after such notice. The arbitration of any dispute or claim shall be conducted in accordance with the then current and applicable rules of a nation-wide arbitration organization (such as the American Arbitration Association) as modified by this agreement. You and we agree that this agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. Unless you and Lowe`s agree otherwise, any arbitration will take place in Charlotte, North Carolina or another location within 150 miles of your residence which we agree to with you, and will be conducted in the English language. An arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, or award punitive damages or any other damages aside from the prevailing party`s actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying those rules applicable to large/complex cases, the Arbitrators must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the selected arbitrator`s rules. Any arbitration shall be confidential, and neither you nor Lowe`s may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
