DISPUTE RESOLUTION. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND LEATHERMAN (OR ITS SUPPLIERS OR VENDORS), WHETHER THE DISPUTE IS BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED IN FINAL, BINDING, INDVIDUAL ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN COURT BY A JUDGE OR A JURY. YOU AND LEATHERMAN AGREE THAT LEATHERMAN AND YOU EACH WAIVE THE RIGHT TO TRIAL BY A JURY AND THAT THE FEDERAL ARBITRATION ACT ("FAA") AND FEDERAL ARBITRATION LAW, NOT STATE LAW, GOVERN THE ENFORCEABILITY OF THIS DISPUTE RESOLUTION PROVISION. YOU AND LEATHERMAN ALSO AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ACTIONS, CONSOLIDATED ACTIONS, AND MASS ACTIONS, WHETHER IN COURT OR ARBITRATION, ARE NOT PERMITTED, AND YOU AND LEATHERMAN AGREE TO GIVE UP THE ABILITY TO BRING OR PARTICIPATE IN A CLASS, CONSOLIDATED, OR MASS ACTION.
FOR ANY AND ALL DISPUTES OR CLAIMS YOU OR LEATHERMAN HAVE, THE PARTY PURSUING THE DISPUTE OR CLAIM MUST FIRST GIVE THE OTHER PARTY AN OPPORTUNITY TO RESOLVE THE DISPUTE OR CLAIM BY SENDING AN INDIVIDUAL, WRITTEN DESCRIPTION OF THE CLAIM THAT DESCRIBES IN DETAIL THE INDIVIDUAL DAMAGES THAT THE PARTY CLAIMS TO HAVE SUFFERED (THE “DEMAND FOR ARBITRATION”). YOU MUST SEND YOUR DEMAND FOR ARBITRATION TO LEATHERMAN’S REGISTERED AGENT AT THIS ADDRESS:
Leatherman Tool Group, Inc.
P.O. Box 20595
Portland, OR 97294
You and Leatherman each agree to negotiate your claim in good faith. Each party agrees that it may not commence any arbitration or court proceeding unless you and Leatherman are unable to resolve the claim within 60 days after receipt of the demand for arbitration and the parties have made a good faith effort to resolve their claims directly during that time. If you or Leatherman are unable to resolve the claim within 60 days despite those good faith efforts, then either you or Leatherman may start an arbitration or small claims court proceeding. You and Leatherman agree that any dispute as to whether these conditions precedent have been satisfied will be decided in court and not by the arbitrator. Either you or Leatherman may elect to have an arbitration proceeding initiated by the other party adjudicated in small claims court by giving written notice of that election to the other party.
Arbitration shall be conducted by National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures, including its Minimum Standards for Procedural Fairness for Consumer and Employment/Workplace Arbitrations, and its Supplemental Rules for Mass Arbitration Filings (the “NAM Rules”). The NAM Rules and instructions for how to initiate an arbitration are available from NAM at https://www.namadr.com/. If NAM fails or declines to conduct the arbitration for any reason, you and we will mutually select a different arbitration administrator. If we cannot agree, a court will appoint a different arbitration administrator but will not decide arbitrability or any other aspect of the parties’ dispute (except as outlined above or if either party files a small claims court matter. In the case of in person proceedings, the proceedings should be conducted at a location that is reasonably convenient to you with due consideration of the ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination should be made by the arbitrator. Payment of arbitration fees will be governed by NAM’s schedule of “Fees for Disputes When One of the Parties is a Consumer.” Notwithstanding the foregoing, if the arbitrator decides that any claim asserted in the arbitration demand is frivolous, the arbitrator may award the defending party any attorney’s fees and any filing, administration, and arbitrator fees incurred. The arbitrator may award any individual relief a court of law could, including temporary, interim, or permanent injunctive relief on an individual basis.
If a court or arbitrator finds in any action between you and us that any part of this Dispute Resolution provision is unenforceable with respect to any claim, then the arbitration agreement and class action waiver will not apply to that claim, but they will still apply to any and all other claims that you or Leatherman may assert in that or any other action. If any provision of this Dispute Resolution provision is found unenforceable, the other parts of it shall continue to apply. These Terms, all transactions related to Leatherman, and all related matters are governed by the Federal Arbitration Act, applicable federal law, the laws of [New York,] without regard to any conflict of laws rules.