PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT CONTAINS A MANDATORY ARBITRATION PROVISION AND A CLASS ACTION WAIVER. BY USING THIS WEBSITE OR MAKING A PURCHASE, YOU AGREE TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTION LAWSUITS.
1. Informal Resolution First
Before initiating any formal dispute proceeding, you agree to contact Kings Distro at legal@kingsdistro.com and give us a reasonable opportunity to resolve the issue informally. You must describe your claim in reasonable detail and give us at least 30 days to respond. Kings Distro will similarly attempt to resolve any claims informally before initiating formal proceedings. This informal process is a mandatory prerequisite to arbitration.
2. Binding Arbitration
If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms, any purchase from Kings Distro, or the use of our website — including but not limited to disputes about the validity, enforceability, interpretation, or breach of any part of these Terms — shall be resolved by final, binding arbitration conducted by a single arbitrator under the Consumer Arbitration Rules of the American Arbitration Association (AAA), except as modified herein. The AAA rules are available at www.adr.org.
- Arbitration shall be conducted in Richmond, Virginia, unless the parties agree to a different location or to conduct arbitration by video conference or written submissions
- The arbitrator shall apply the substantive laws of the Commonwealth of Virginia
- The arbitration award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction
- Each party shall bear its own attorneys’ fees and costs in arbitration, except as otherwise required by applicable law or AAA rules
- The arbitrator shall not have the authority to award punitive damages unless explicitly authorized by applicable law
3. Class Action Waiver
YOU AND KINGS DISTRO INC. EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING, WHETHER IN ARBITRATION OR COURT, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND KINGS DISTRO EACH WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CONSOLIDATED ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. YOU MAY ONLY PURSUE CLAIMS AGAINST KINGS DISTRO IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. IF A COURT DETERMINES THAT THIS CLASS ACTION WAIVER IS UNENFORCEABLE FOR ANY REASON, THE ENTIRETY OF SECTION 9.2 (ARBITRATION) SHALL BE NULL AND VOID.
Legal basis: Class action waivers paired with arbitration agreements are enforceable under the Federal Arbitration Act (9 U.S.C. § 2) as confirmed by the U.S. Supreme Court in AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011) and Epic Systems Corp. v. Lewis, 584 U.S. 497 (2018). Courts in the Fourth Circuit (which covers Virginia) have consistently enforced such provisions.
4. Exceptions to Arbitration
Notwithstanding the above, the following claims are excluded from mandatory arbitration:
- Claims for injunctive or equitable relief to prevent unauthorized use of intellectual property, confidential information, or to stop irreparable harm where monetary damages would be inadequate
- Claims that can be brought in small claims court (where the amount in controversy does not exceed the applicable jurisdictional threshold)
- Claims arising under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFASASHA), 9 U.S.C. § 401 et seq.
5. Time Limitation on Claims
To the fullest extent permitted by applicable law, any claim or cause of action arising out of or related to use of our website, products, or these Terms must be filed within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary. Failure to file within this period shall result in the claim being permanently barred. This limitation applies regardless of whether you knew or should have known of the claim within that period.
6. Governing Law
All disputes shall be governed by the laws of the Commonwealth of Virginia, without regard to its conflict of law rules. The parties agree that the Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of the arbitration provisions in this section.
7. Severability of Arbitration Clause
If any portion of this Section 9 (other than the Class Action Waiver in Section 9.3) is found to be invalid or unenforceable, that portion shall be severed and the remainder of Section 9 shall continue in full force and effect. If Section 9.3 is found unenforceable, then the entirety of Section 9.2 shall be void, and disputes shall be resolved in the courts specified in Section 1.13.
8. Opt-Out Right
You have the right to opt out of the arbitration and class action waiver provisions in this Section 9 by sending written notice to Kings Distro at legal@kingsdistro.com within 30 days of first using our website or making your first purchase. Your notice must include your name, address, account username or email, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms. If you opt out, disputes shall be resolved in the courts specified in Section 1.13.