20.1 Informal Dispute Resolution
Before either you or MagicFit Care files any claim, lawsuit, or arbitration, the party seeking to bring a dispute must first send a written notice describing the dispute.
If you have a dispute with us, you agree to contact us first at support@magicfitcare.com and include your name, email address, order number if applicable, a description of the issue, and the specific relief you are requesting.
If we have a dispute with you, we will send notice to the email address or other contact information associated with your order or account.
The parties agree to attempt in good faith to resolve the dispute informally for at least 30 days after notice is received. If the dispute is not resolved within 30 days, either party may proceed as described below.
20.2 Agreement to Binding Arbitration
Except for the exceptions listed in Section 20.4 below, you and MagicFit Care agree that any dispute, claim, or controversy arising out of or relating to these Terms, your access to or use of our website, your purchase or use of any product, our advertising or marketing, communications between you and us, or the relationship between you and MagicFit Care will be resolved by binding individual arbitration, rather than in court.
This agreement to arbitrate applies to claims based on contract, tort, statute, fraud, misrepresentation, consumer protection, product purchase, product use, warranty, privacy, data, advertising, or any other legal theory, whether arising before or after the date you agreed to these Terms.
The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement to the fullest extent permitted by law.
20.3 Arbitration Rules and Administrator
The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as modified by these Terms.
If the AAA is unavailable, unwilling, or unable to administer the arbitration, the parties will work in good faith to select a substitute arbitration provider. If the parties cannot agree on a substitute provider, a court of competent jurisdiction may appoint one.
The arbitration may be conducted by telephone, video conference, written submissions, or in person, as allowed by the AAA Consumer Arbitration Rules and as determined by the arbitrator. Unless otherwise required by applicable law or the AAA Consumer Arbitration Rules, any in-person arbitration hearing will take place in the county or jurisdiction where you reside.
20.4 Exceptions to Arbitration
The following disputes are not required to be arbitrated:
(a) Either party may bring an individual claim in small claims court if the claim qualifies and remains only in that court.
(b) Either party may seek temporary or preliminary injunctive relief in court to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidential information, or unauthorized access to the website.
(c) Nothing in these Terms prevents either party from reporting concerns to, communicating with, or participating in an investigation by a government agency.
(d) To the extent applicable law prohibits arbitration of a particular claim or remedy, that claim or remedy may proceed in court only to the extent required by law.
(e) If you are a California consumer and a court determines that a request for public injunctive relief cannot be waived or arbitrated under applicable California law, that request for public injunctive relief will be decided by a court after all arbitrable claims and remedies are resolved in arbitration, unless the parties agree otherwise.
20.5 Class Action and Representative Action Waiver
You and MagicFit Care agree that each party may bring claims against the other only on an individual basis, and not as a plaintiff or class member in any proposed class, collective, consolidated, private attorney general, or representative action.
The arbitrator may not consolidate more than one person’s claims and may not preside over any class, collective, consolidated, private attorney general, or representative proceeding.
This Section does not limit any non-waivable right you may have under applicable law, including any non-waivable right to seek public injunctive relief where such right cannot legally be waived.
20.6 Arbitration Fees and Costs
Payment of filing, administrative, arbitrator, and hearing fees will be governed by the AAA Consumer Arbitration Rules and applicable AAA fee schedule.
To the extent required by the AAA Consumer Arbitration Rules or applicable law, MagicFit Care will pay the arbitration fees and costs that it is required to pay. Each party will be responsible for its own attorneys’ fees and costs unless the arbitrator determines that applicable law allows such fees or costs to be awarded to the prevailing party.
If the arbitrator determines that a claim or defense was frivolous, brought for an improper purpose, or filed in bad faith, the arbitrator may award fees and costs to the extent permitted by applicable law.
20.7 Arbitrator’s Authority and Relief
The arbitrator will have the authority to resolve disputes subject to arbitration under this Section, including disputes concerning the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court will decide disputes concerning the enforceability, validity, or scope of the class action waiver in Section 20.5.
The arbitrator may award any individual relief that would be available in court, including damages, statutory damages, attorneys’ fees, costs, declaratory relief, or injunctive relief, but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
The arbitrator’s award will be final and binding, except for any right of appeal or review provided by the Federal Arbitration Act or applicable law.
20.8 30-Day Right to Opt Out
You have the right to opt out of this arbitration agreement by sending written notice to support@magicfitcare.com within 30 days after the date you first agree to these Terms or place your first order, whichever occurs first.
Your opt-out notice must include your name, email address, order number if applicable, and a clear statement that you want to opt out of the arbitration agreement.
If you opt out, neither you nor MagicFit Care will be required to arbitrate disputes under this Section. Opting out of arbitration will not affect any other part of these Terms or your ability to purchase products from MagicFit Care.
20.9 Severability
If any part of this Section 20 is found to be invalid or unenforceable, the remaining parts will remain in full force and effect to the maximum extent permitted by law.
If the class action waiver in Section 20.5 is found to be invalid or unenforceable as to a particular claim or request for relief, then that claim or request for relief may proceed in court, but only after all arbitrable claims and requests for relief are resolved in arbitration, unless otherwise required by applicable law.
20.10 Survival
This Section 20 will survive termination of these Terms, cancellation of your order, fulfillment of your order, refunds, chargebacks, discontinuation of the website, or the end of your relationship with MagicFit Care.