15. CLASS ACTION WAIVER AND ARBITRATION. Please read this provision carefully. It includes an agreement to mandatory arbitration, subject to a limited exception, which means that you agree to submit any dispute related to your use of any of the sites to binding individual arbitration rather than proceed in court. This provision also includes a class action waiver, which means that you agree to proceed with any dispute individually and not as part of a class action.
This Section 15 addresses the resolution of any claim, dispute, or controversy you or another brings against JLR USA as well as its employees, parents, subsidiaries, affiliates, beneficiaries, agents, or assigns related to or arising from these Terms, the Website, or the Web Properties (“Claim”). You may not pursue a Claim as part of a class action. Unless we elect otherwise, and subject to the below, you agree to submit your Claim to final and binding arbitration for resolution by one of the following arbitration administers, American Arbitration Association or JAMS/Endispute. The arbitration will be conducted in accordance with the rules of the chosen arbitration administrator at the time you file your Claim, except that this Section 15 will prevail in the event of any conflict between it and the administrator’s rules.
Prior to seeking arbitration, you must send us a written notice, by certified mail, describing (a) the nature and basis of the Claim; and (b) the specific relief sought. The notice must be addressed to: Dispute Resolution Agent, Jaguar Land Rover USA, LLC, 100 Jaguar Land Rover Way, Mahwah, New Jersey 07495 USA. If JLR USA and you do not reach an agreement to resolve the Claim within 30 days after we receive the notice, you may commence an arbitration proceeding.
You waive your right to participate in legal proceedings related to a Claim if you do not notify us of the Claim within 100 days of the event or events giving rise to the Claim.
We will pay all filing, administration, and arbitrator fees in connection with an arbitration, provided however that you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the rules of the arbitration administrator in the event the administrator finds that either the substance of your Claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Instead of arbitration, you can elect to bring your Claim in small claims court at your own expense. But all other restrictions in this Section 15, including the prohibition on class actions (or similar collective actions) still apply if you pursue a Claim in small claims court.