DISPUTE RESOLUTION & ARBITRATION AGREEMENT

SCOPE OF THE ARBITRATION AGREEMENT

In recognition of the substantial cost associated with legal disputes in terms of both finances and time, you and Naibashop.com mutually agree that any legal dispute arising from or relating to these Terms, purchases from Naibashop.com, communications between you and Naibashop.com, or participation in any program or service offered by Naibashop.com will be resolved through binding individual arbitration. This applies unless you choose to opt out of this Arbitration Agreement using the process outlined below. By accepting these terms, you acknowledge and agree to waive your right to sue or pursue legal action in court to assert or defend your rights. However, both parties retain the option to bring individual claims in small claims court, subject to applicable jurisdictional and monetary limits.

The term “dispute” encompasses any disagreement, action, claim, or other controversy between you and Naibashop.com, whether grounded in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. The definition of “dispute” will be given the broadest meaning permissible under the law.

INFORMAL DISPUTE RESOLUTION

Prior to initiating arbitration proceedings, the party asserting a dispute must make a good-faith effort to resolve it by providing written notice to the other party. This notice should describe the facts and circumstances, including any relevant documentation, allowing the receiving party 30 days to respond. Notice should be sent by first-class or registered mail to Naibashop.com at Naibashop.com Attn: Customer Service, 5301 Palmer St, Houston, TX 77004, USA, or to your postal address on file with Naibashop.com. Both parties agree that this dispute resolution procedure is a prerequisite that must be fulfilled before commencing any arbitration against the other party.

RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT

You have the option to opt out of this Arbitration Agreement within the first 30 days after the earliest occurrence of (a) making a purchase from our website or (b) signing up for any program or service provided by Naibashop.com. Additionally, you may opt out within 30 days of receiving notification about a material change to this Arbitration Agreement. To opt out, send an email to [email protected] or a letter to Naibashop.com Attn: Customer Service, 5301 Palmer St, Houston, TX 77004. Include your printed name, mailing address, and the phrase “Reject Arbitration.”

HOW ARBITRATION WORKS

Either party may initiate arbitration, conducted by the American Arbitration Association (“AAA”) according to its Consumer Arbitration Rules, as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org or by calling (800) 778-7879. If the AAA is unavailable or unwilling to hear the dispute, the parties will agree on an alternative arbitration provider, or the court will make a selection. Unless otherwise agreed, arbitration hearings will take place in the county of your residence, determined by your billing address on file with Naibashop.com. For those residing outside the United States, arbitration will occur in the USA. Naibashop.com will cover all filing, administrative, arbitrator, and hearing costs, and waives any rights to recover attorneys’ fees and expenses against you, except for claims deemed frivolous by the arbitrator.

WAIVER OF RIGHT TO BRING CLASS ACTION AND REPRESENTATIVE CLAIMS

Arbitration will proceed on an individual basis, with the arbitrator empowered to provide the same remedies available in court. However, any relief must be personalized to you and should not impact other customers. Both you and Naibashop.com agree that individual claims will be brought in arbitration only in your or their respective individual capacities. Additionally, you waive the right to a jury trial, participation in any class action lawsuit or class action arbitration, any private attorney general lawsuit or private attorney general arbitration, and any joint or consolidated lawsuit or joint or consolidated arbitration. In the event that a court deems the limitations in this paragraph invalid or unenforceable, any potential class, private attorney general, or representative action must be filed in a court with proper jurisdiction rather than through arbitration.

GOVERNING LAW AND OTHER TERMS

This Arbitration Agreement is governed by the Federal Arbitration Act and other applicable federal law. If state law applies to any aspect of this Arbitration Agreement or to disputes and claims covered by it, the law of the state or country of your residence, determined by your mailing address on file with Naibashop.com, will govern. The arbitrator holds the authority to determine the scope, validity, or enforceability of this Agreement, including whether any dispute falls within its scope. However, issues related to the validity of the class/representative action waiver must be decided by a court, as an arbitrator lacks the authority to consider its validity. If any part of this Arbitration Agreement is found invalid or unenforceable, it will not invalidate the remaining sections. This Dispute Resolution & Arbitration Agreement remains in effect even after terminating your relationship with Naibashop.com, including the conclusion of program or service participation and opting out of marketing or other agreements with Naibashop.com. Notice of any material changes to this Arbitration Agreement will be provided by Naibashop.com.