17.1 Governing law
These Terms and any dispute or claim arising out of or relating to the Service or these Terms (including non-contractual disputes) are governed by the laws of the State of Florida, United States of America, without regard to conflict-of-law rules that would apply the laws of another jurisdiction.
17.2 Informal resolution
Before filing a claim, you agree to contact us at hello@fuelempire.app and attempt to resolve the dispute informally for at least thirty (30) days.
17.3 Binding arbitration
If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or your use of the Service that cannot be resolved informally shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect, except as modified by this Section. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.
The arbitration shall be conducted in English, and the seat (legal place) of arbitration shall be Miami-Dade County, Florida. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement. Judgment on the arbitration award may be entered in any court having jurisdiction.
17.4 Class action & jury trial waiver
To the fullest extent permitted by law, you and Neon Ink agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. Unless both you and Neon Ink agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding. If a court or arbitrator holds this class-action waiver unenforceable with respect to a particular claim, then the arbitration agreement shall not apply to that claim, which must be severed and brought in court, subject to the venue provisions below; the remainder of this arbitration agreement shall remain in effect.
To the fullest extent permitted by law, you waive any right to a jury trial in any proceeding arising out of or relating to these Terms or the Service, except where such waiver is prohibited by law.
17.5 Small claims & injunctive relief
Either party may bring an individual action in small claims court in Miami-Dade County, Florida (or your county of residence if the court has jurisdiction and the matter qualifies), so long as the action remains in that court and seeks only individualized relief. Nothing in these Terms prevents either party from seeking temporary or preliminary injunctive relief in a court of competent jurisdiction to protect intellectual property rights or confidential information.
17.6 Arbitration opt-out
You may opt out of this arbitration agreement by sending written notice to hello@fuelempire.app within thirty (30) days of the date you first accept these Terms (or first become subject to this version of the Terms). Your notice must include your name, email address or handle, and a clear statement that you opt out of arbitration. If you opt out, the arbitration agreement does not apply to you, but the class-action waiver may still apply to the extent permitted by law.
17.7 Venue for court proceedings
If arbitration does not apply or a dispute proceeds in court, you and Neon Ink consent to the exclusive jurisdiction and venue of the state and federal courts located in Miami-Dade County, Florida, except where prohibited by law.