Except if you opt-out or for disputes relating to: (1) your or Forever 21's intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); or (2) violations of the “Content Submission” provision above, ("Excluded Disputes"), you agree that all disputes between you and Forever 21 (whether or not such dispute involves a third party) with regard to your relationship with Forever 21, including without limitation disputes related to these Terms of Use, your use of the Site, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and Forever 21 hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules, and as long as such matter is only pending in that court. You may bring claims only on your own behalf. Neither you nor Forever 21 will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Forever 21 is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Forever 21 or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.
To the extent that this Site contains links to outside services and resources, the availability and content of which Forever 21 does not control, any concerns regarding any such service or resource, or any link included on the Site, should be directed to the particular outside service or resource. Forever 21 has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services.
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