CUSTOMER ARBITRATION AND INFORMATION PROGRAM
Mor Furniture for Less, Inc. values its customers and strives to exceed its customers’ expectations. If you are experiencing an issue that you cannot satisfactorily resolve at the store level, please contact a Customer Service Manager at 1-800-421-4545 to see if this matter can still be resolved informally. It still not resolved thereafter, any controversy or claim, arising out of or relating to a customer’s relationship with Mor Furniture For Less, Inc. or any of its agents (“Mor”), to the fullest extent permissible pursuant to the Federal Arbitration Act, Title 9 U.S. Code Section 1 et seq. (the “FAA”), shall be settled by binding arbitration, and except as modified by this arbitration agreement, the arbitration proceeding shall be administered by the JAMS’ rules for the resolution of consumer disputes, including JAMS minimum standards of procedural fairness for consumer arbitrations, in the city and state where the customer resides (the “JAMS Rules”). The JAMS Rules may be viewed on line at www.jamsadr.com. Nothing in this agreement, however, prevents customer or Mor from seeking remedies in small claims court for disputes within the scope of the applicable court’s jurisdiction, and Mor will not compel customer to arbitrate individual claims initiated by customer in small claims court, so long as those claims remain in small claims court. However, the customer may elect to arbitrate any small claims matter initiated by Mor, upon notice to Mor within seven (7) calendar days before the small claims case is initially set to be heard in court.
For any claims relating to or arising out of any local, state or federal statute or public policy (“public policy claims”): (a) the substantive and remedial provisions of the statute(s) applicable to the public policy claims shall be available to any party required to arbitrate, if those provisions would be otherwise available in court; (b) no customer will be required to pay costs unique to the arbitration proceeding; and (c) the arbitrator must issue a written award setting forth the essential findings and conclusions on which the award is based.
In the spirit of expeditious and efficient resolution of any disputes, and to the fullest extent allowed pursuant to the FAA, Mor and customer further agree that any dispute between them shall be resolved without the inclusion of any other customers or other third parties included as parties to the arbitration proceeding, be it as individuals or part of a representative class, unless both Mor and customer agree in writing to such consolidation after a dispute has arisen. If any part of this paragraph is deemed unenforceable Mor and customer agree that it may be severed without affecting the other terms of this dispute resolution program, including the requirement to arbitrate all disputes.
The parties recognize and agree that due to the nature of Mor’s business and its effect on interstate commerce, this dispute resolution program is governed by the FAA. Any dispute regarding the nature of this dispute resolution program, its scope, its validity, or its enforceability, shall be decided in the first instance by the arbitrator selected in accordance with the JAMS Rules.
As stated in Mor’s invoice, in the absence of an opt out you consent to both this arbitration program and to Mor or its affiliates contacting customer using all channels of communication and for all purposes, including delivery/pickup or promotional and marketing purposes, with the contact information provided. You may opt out of this arbitration agreement, or out of the use of your contact information for promotional or marketing purposes. If you decide to opt out of one or both of these consents, you must send an email to firstname.lastname@example.org with your name, your invoice number, and your request to: (1) decline arbitration, or (2) decline the use of your information for marketing and related purposes; or (3) decline both arbitration and the use of your information for marketing purposes. Your email must be received within 30 days of purchase for your opt-out to be valid.