PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Informal resolution first
Before starting an arbitration or court case, you and bzar agree to try to resolve the dispute informally. The party with a claim must send a written notice describing it and the relief sought (to bzar at hello@bzar.app and at the address in Section 25; to you at the email on your account). If it is not resolved within 30 days, either party may begin a proceeding.
Binding individual arbitration
Except as stated below, any dispute, claim, or controversy between you and bzar arising out of or relating to these Terms or the Service (a "Dispute"), including whether a Dispute must be arbitrated, will be resolved by final and binding arbitration on an individual basis. The Federal Arbitration Act governs this section. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules or, for a Dispute with a business user, its Commercial Arbitration Rules, as modified by this section. If the AAA is unavailable, JAMS will administer it under its corresponding rules. The arbitrator may award the same individual relief a court could, but only in favor of the individual party seeking relief and only to the extent needed for that party's individual claim. Hearings may take place by video or phone, or in the county where you live. Fees are paid as the applicable rules provide.
Exceptions
Either party may bring an individual claim in small-claims court if it qualifies, and either party may seek an injunction in court to stop infringement or misuse of its intellectual property or the Service.
Class action and jury trial waiver
YOU AND bzar EACH AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU AND bzar EACH WAIVE THE RIGHT TO A JURY TRIAL.
If 25 or more similar demands for arbitration are filed against bzar by or with the help of the same or coordinated counsel, they may be administered in batches as the administrator's mass-arbitration procedures allow. If the class action waiver is found unenforceable for a claim, that claim must be decided by a court, not in arbitration, and stayed until the individual arbitration is complete.
Opting out
You may opt out of this arbitration agreement by emailing hello@bzar.app with the subject "Arbitration opt-out", your name, and the email on your account, within 30 days after you first accept these Terms. Opting out does not affect any other part of these Terms.