• You and Aqua Vault, "Aqua Vault refers to Aqua Vault, Inc., and includes its parent companies, affiliated companies, directors, employees or agents, and all successors and assigns of any of them.  Each side shall pay its own costs and attorneys’ fees unless the Arbitrator rules otherwise.  You will not be required to pay any fee or costs, however, if such a payment would invalidate this Agreement, and Aqua Vault will instead make that payment. . . (the “Parties”) mutually consent to the resolution by final and binding arbitration of all claims (common law or statutory) relating to a Dispute that You may have with Aqua Vault. “Dispute” means any dispute, action, or other controversy between you and Aqua Vault concerning your Aqua Vault products or any warranty, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law. Such claims include, but are not limited to, any controversy, claim, dispute, or
  difference between the Parties arising out of or relating to your purchase of any Aqua Vault products, any return or replacement of any Aqua Vault products, any warranty claim relating to any Aqua Vault products, Your transacting business with Aqua Vault in any way, or your use of Aqua Vault’s Website in any way.

•  If You or Aqua Vault do not resolve any Dispute by informal negotiation, any other effort to resolve the Dispute will be conducted exclusively by binding arbitration by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules applying U.S. Federal Rules of Procedure and U.S. Federal Rules of Evidence. The AAA Supplementary Procedures for Consumer-Related Disputes will also apply. For more information, see www.adr.org or call 1-800-778-7879. The arbitration shall be before a single arbitrator and will be administered in accordance with the applicable arbitration rules and procedures of the AAA. To the extent required by applicable law, the substantive law of the state in which You purchased products (or the state of delivery) shall apply. You agree to commence arbitration in your county of residence or in Miami-Dade County,
  Florida. Aqua Vault agrees to commence arbitration only in your county of residence. You may request a telephonic or in-person hearing by following the AAA rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim.

•  The Parties expressly waive the right to have a court or jury trial on any arbitrable claim. Notwithstanding any provision of the American Arbitration Association’s Commercial Arbitration Rules (including the Supplementary Procedures for Consumer-Related Disputes, if applicable, and/or any other Rules and/or procedures of the American Arbitration Association), arbitration shall occur on an individual basis only.  To the maximum extent permitted by law, THE PARTIES WAIVE THE RIGHT TOINITIATE, PARTICIPATE IN, OR RECOVER THROUGH, ANY CLASS, COLLECTIVE, OR NON-INDIVIDUAL ACTION (the “Waiver”). In addition, to the maximum extent permitted by law, neither Party shall have the right to join or consolidate claims in arbitration with the claims of any other person or entity against the other Party to this Agreement. To the maximum extent permitted by law, the Arbitrator’s authority to resolve any dispute and to make written awards will be limited to Your individual claims.

•  To the extent required by the applicable substantive law, Aqua Vault shall pay arbitration-related fees and costs to the extent they are in excess of the fees and costs that You would be required to bear if the claim were brought in court. Each side shall pay its own other 1 “Aqua Vault” refers to Aqua Vault, Inc., and includes its parent companies, affiliated companies, directors, employees
  or agents, and all successors and assigns of any of them.

costs and attorneys’ fees unless the Arbitrator rules otherwise.  You will not be required to pay any fee or costs, however, if such a payment would invalidate this Agreement, and Aqua Vault will instead make that payment.  To the maximum extent permitted by law, the Arbitrator shall award the prevailing party its costs and reasonable attorney’s fees; provided, however, that the arbitrator at all times shall apply the law for the shifting of costs and fees that a court would apply to the claim(s) asserted. 



 

-Notwithstanding any other provision of this Agreement or the AAA Rules referenced
above, disputes regarding the scope, applicability, or enforceability of the Waiver may be resolved only by a civil court and not by an arbitrator. Either Party also may apply to a court of competent jurisdiction for provisional relief in connection with an arbitrable claim, including temporary or preliminary injunctive relief. 

-You and Aqua Vault agree that there is not and has never been any intent, agreement, orexpectation of the Parties to allow the prosecution of Mass Arbitrations, which are not
permitted. As used in this Arbitration Agreement, “Mass Arbitrations” means and refers to when 30 or more arbitration demands asserting the same or similar claims are made and/or sought to be compelled by individuals during any rolling 52-week period, and such individuals are represented by the same lawyer(s) or law firm(s) and/or by one or more of several affiliated, associated or coordinated lawyers or law firms. In the event Aqua Vault reasonably believes that there are Mass Arbitrations being asserted, it shall give written notice of such to the individual and Arbitrator (if appointed) in each of the arbitrations at issue and, upon giving such notice, Aqua Vault shall not have any further obligation to arbitrate those arbitrations, and they shall be automatically stayed, pending Aqua Vault seeking a determination from a court of competent jurisdiction that the arbitrations at issue are Mass Arbitrations. Aqua Vault will not be required to pay any arbitration fees prior to and as a condition of seeking such a court determination. Should a court of competent jurisdiction hold that any arbitration demand made or sought to be compelled by any individual under this Arbitration Agreement is one of such Mass Arbitrations, then Aqua Vault will not be required to arbitrate the disputes at issue therein, which instead will be litigated in a court of competent jurisdiction. 
-Nothing in this Arbitration Agreement requires arbitration of any claim that under the law (after application of Federal Arbitration Act preemption principles) cannot be made subject to a pre-dispute agreement to arbitrate claims. 

-This Arbitration Agreement is the complete agreement between the Parties on the subjectof the arbitration of disputes and the subject of the Waiver and supersedes any prior or contemporaneous oral or written agreement on the subject. This Arbitration Agreement can only be revoked or modified by a writing signed by the Parties that specifically states an intent to revoke or modify this Arbitration Agreement, except that Aqua Vault retains the right to make unilateral modifications to the Arbitration Agreement as required to comply with changes in the law. 

• If any term of this Arbitration Agreement is determined for any reason to be unenforceable, in whole or in part, such term or portion thereof shall be deemed stricken and the balance of this Arbitration Agreement shall continue in full force and effect. 
• OPTION TO OPT-OUT. To the extent permitted by applicable law, you may opt
  out of the Arbitration Agreement and Waiver by notifying Aqua Vault in writing of
  Your intent to do so within 30 days of the date upon which You make Your first
  online purchase and/or visit Aqua Vault’s website (unless a longer period is

(required by applicable law). You must mail your written notification to Aqua Vault