Lazer Zone Terms of Use

Dispute Resolution; Binding Individual Arbitration

PLEASE READ THIS SECTION CAREFULLY. THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND A CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR PARTICIPATE IN A CLASS ACTION.

1. Agreement to Arbitrate

You and The Chickasaw Nation agree that any dispute, claim, or controversy arising out of or relating in any way to your use of our digital properties, website tracking technologies, privacy disclosures, data processing practices, or communications (including email, phone, or SMS/text solicitations) shall be resolved exclusively through final and binding individual arbitration under the consumer arbitration rules of AAA, rather than in a court of general jurisdiction. The arbitration shall be conducted in Pontotoc County, Oklahoma (or such other location as the parties may mutually agree). The arbitrator shall have exclusive authority to resolve challenges to the validity or enforceability of this arbitration clause; provided, however, that notwithstanding the foregoing, a court of competent jurisdiction shall have final and definitive authority to resolve any challenges or determinations with respect to the validity or enforceability of the Class Action Waiver (as defined below). The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Information about AAA and its rules, including applicable fee schedules, is available at https://www.adr.org/rules-forms-and-fees/consumer/. Payment of all filing, administration, and arbitrator fees shall be governed by the applicable arbitration rules. The arbitrator may award attorneys’ fees and costs to the prevailing party if authorized by applicable law or the arbitration rules.

You may opt out of this arbitration provision by sending written notice to The Chickasaw Nation at website@chickasawoptout.com within 30 days of your first acceptance of these Terms. If you opt out, you and The Chickasaw Nation agree to submit to the exclusive jurisdiction of the state and federal courts located in Pontotoc County, Oklahoma.

2. Class Action Waiver

YOU AND THE CHICKASAW NATION WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN (AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ADJUDICATE) ANY CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE CLAIM (THE “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SUBSECTION LIMITS THE APPLICABILITY OF THE MASS ARBITRATION PROCEDURES SET FORTH BELOW.

IF A COURT OF COMPETENT JURISDICTION FINDS THE CLASS ACTION WAIVER UNENFORCEABLE IN ANY RESPECT, THEN THE UNENFORCEABLE PORTION OF THE CLASS ACTION WAIVER SHALL BE SEVERABLE FROM THESE TERMS, BUT THE REMAINDER OF THESE TERMS SHALL BE BINDING AND ENFORCEABLE. TO THE EXTENT THAT THERE ARE ANY CLAIMS TO BE LITIGATED IN A CIVIL COURT OF COMPETENT JURISDICTION BECAUSE A CIVIL COURT OF COMPETENT JURISDICTION DETERMINES THAT THE CLASS ACTION WAIVER IS UNENFORCEABLE WITH RESPECT TO SUCH CLAIMS, THE CHICKASAW NATION AND YOU AGREE THAT LITIGATION OF THOSE CLAIMS SHALL BE STAYED PENDING THE OUTCOME OF ANY INDIVIDUAL CLAIMS IN ARBITRATION.

3. Waiver of Jury Trial

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND THE CHICKASAW NATION IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES, INCLUDING OUR DIGITAL PROPERTIES, WEBSITE TRACKING TECHNOLOGIES, PRIVACY DISCLOSURES, DATA PROCESSING PRACTICES, OR COMMUNICATIONS.

4. Mass Arbitration Procedures

If 25or more substantially similar arbitration demands are filed against The Chickasaw Nation within a 90-day period by the same or coordinated counsel (“Mass Arbitration”), then the claims shall proceed in accordance with the AAA mass arbitration rules.

5. Pre-Arbitration Dispute Resolution Protocol

Before initiating arbitration, the claimant must first send a written Notice of Dispute describing the nature and basis of the claim and the specific relief sought. You and The Chickasaw Nation agree to negotiate in good faith for a period of at least thirty (30) days following receipt of the notice. If the dispute is not resolved within thirty (30) days, either party may initiate binding individual arbitration administered by AAA under its consumer arbitration rules.

6. Severability

If any portion of this Class Action Waiver or Arbitration agreement is held to be unenforceable or invalid, this portion shall be severed, and the remaining portions of this agreement shall continue in full force and effect.
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