15.1 Informal resolution first
We want to resolve any concern fairly and quickly. Before starting a formal proceeding, you agree to contact us at legal@onepostly.com and to give us 30 days to resolve the dispute informally. Most issues can be settled this way.
15.2 Governing law
Onepostly is operated by Nobaly, LLC, a limited liability company formed in the State of New Mexico, USA. These Terms, and any dispute arising out of or relating to them or the Service, are governed by the laws of the State of New Mexico, without regard to its conflict-of-laws rules. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement in Section 15.3.
15.3 Binding arbitration
Please read this section carefully. It requires most disputes to be resolved by individual arbitration instead of in court, and it limits how you can seek relief.
Except for the disputes described in Section 15.7, you and Onepostly agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration, and not in court. The arbitration is administered by the American Arbitration Association (AAA) under its rules then in effect (including the Consumer Arbitration Rules where they apply), or, if the AAA is unavailable or declines to administer, by JAMS under its rules. A single arbitrator conducts the arbitration in English. Any in-person hearing takes place in the county where you reside or in Bernalillo County, New Mexico, and either party may ask to appear by videoconference. Arbitration fees are governed by the administrator rules, and an award may be entered as a judgment in any court of competent jurisdiction.
The arbitrator has exclusive authority to decide the interpretation, applicability, and enforceability of this arbitration agreement and whether a dispute is arbitrable, except that a court decides whether an arbitration agreement was formed and decides the enforceability and scope of the class-action waiver in Section 15.4.
15.4 No class actions or jury trials
YOU AND ONEPOSTLY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party's individual claim, and may not preside over any class or representative proceeding. Where a dispute is heard in court rather than in arbitration, you and Onepostly each waive any right to a jury trial.
If this class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will be severed and brought in the courts identified in Section 15.8, while all other claims proceed in arbitration. The class-action waiver may not be severed for the purpose of allowing arbitration on a class or representative basis.
15.5 Coordinated filings
If similar arbitration demands are filed by or with the coordination of the same or coordinated counsel, they are subject to the administrator's mass-arbitration or supplementary rules where those apply, which may provide for the demands to be batched and administered together.
15.6 Your right to opt out
You may opt out of the arbitration agreement and class-action waiver in Sections 15.3 and 15.4 by emailing legal@onepostly.com with your name, your account email, and a statement that you opt out, within 30 days after you first accept these Terms or after this arbitration agreement first applies to you. Opting out does not affect any other part of these Terms.
15.7 Exceptions
Nothing in Sections 15.3 or 15.4 prevents either party from bringing an individual claim in small-claims court, or from seeking injunctive or other equitable relief in court to protect intellectual-property rights or to stop unauthorized access to or misuse of the Service.
15.8 Courts, consumers, and mandatory law
For any dispute that is not subject to arbitration, you agree to the exclusive jurisdiction of the state and federal courts located in Bernalillo County, New Mexico. This applies except where mandatory consumer-protection law in your country of residence gives you the right to bring proceedings locally, and except where mandatory law makes the arbitration agreement or class-action waiver unenforceable, in which case they do not apply to you. If you are in the EEA or the UK, nothing in these Terms removes the protections that the GDPR or local mandatory law guarantees you.