Arbitration Required, Except for Small Claims. Any dispute, controversy or claim arising out of or related to the Conditions of Service, including the validity, invalidity, breach or termination of the Conditions of Service, or to any of the Services provided by Cartier, and any communications to or between us (a “Dispute”), will be resolved by binding arbitration, rather than in court, except that a consumer or Cartier may assert claims in small claims court if such claims qualify. 

Informal Dispute Resolution. Before bringing any dispute in arbitration, you and Cartier agree that you will first notify the other party and make reasonable efforts for a period of thirty (30) days to resolve amicably any Dispute. This requirement is a pre-condition, and no claim shall be filed in arbitration (or small claims court) until this provision is first met.

Jury Trial and Class Action Waiver. You understand and agree that you are waiving your right to sue or go to court to defend your rights, including to a trial by jury, under these Conditions of Service. In addition, you and CARTIER understand and agree that the parties will pursue any dispute on an individual basis.  The arbitrator is empowered to resolve the dispute with the same remedies available in court, including public injunctive relief if you are located in California. You and CARTIER agree that each may not bring a claim against the other as part of any class action, class arbitration, or other representative proceeding. 

How Arbitration Works. In order to file a complaint for arbitration after you and we have failed to resolve our Dispute through the informal process described above, you can go to the American Arbitration Association’s website at https://www.adr.org/Support or call 1-800-778-7879. You or we must include documents sufficient to demonstrate that we followed the information resolution process with the filing of any arbitration complaint. At your election, the arbitration will be conducted through video conference, on the papers, or in the state and county where you reside (as determined by your address on file with Cartier) or as otherwise agreed between the parties by the American Arbitration Association (“AAA”) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes, also available from AAA.  Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. These Conditions of Service shall be governed by and construed in accordance with the Federal Arbitration Act and, where applicable, the laws of the State of New York, without reference to conflict of laws provisions.