PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
You and Tren agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a "Dispute") will be resolved by binding individual arbitration, except that either party may bring an action in small claims court for any claim that qualifies for small claims jurisdiction.
Informal resolution. Before initiating arbitration, you must send a written notice of the Dispute to Support describing the nature of the claim and the relief sought. The parties will attempt in good faith to resolve the Dispute informally for 30 days before either party may initiate arbitration.
Arbitration rules. Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. Arbitration will be conducted by a single arbitrator in San Jose, California, or remotely by telephone or video conference if you prefer.
Class action waiver. YOU AND TREN AGREE THAT ANY DISPUTE WILL BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS FROM MULTIPLE USERS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING.
Opt-out. You may opt out of this arbitration agreement by sending written notice to Support within 30 days of first accepting these Terms. Your notice must include your account email and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.
Severability of this section. If the class action waiver is held unenforceable in a particular case, that case will proceed in court, but the remainder of this Section 16 will remain in effect.