24.1 "Disputes" shall include, but are not limited to, any claims or controversies between you and Turtles Egg against each other related in any way to or arising out of in any way from the Service, the Content, User Submission (Public, Personal, and/or Limited Audience), including but not limited to sales, returns, refunds, cancellations, defects, policies, privacy, advertising, or any communications between you and Turtles Egg, even if the claim arises after you or Turtles Egg has terminated use of Services or a user account or these Terms. Disputes also include, but are not limited to, claims that: (a) you bring against our employees, agents, affiliates, or other representatives; (b) Turtles Egg brings against you; (c) in any way relate to or arise out of any aspect of the relationship between you and Turtles Egg, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (d) arose before you assented to these Terms or out of a prior set of Terms with Turtles Egg; (e) are subject to ongoing litigation where you are not a party or a class member; and/or (f) arise after the termination of these Terms. Disputes does not include disagreements or claims concerning patents, copyrights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property, which shall not be subject to arbitration or the notice and good faith negotiation requirement described below.

24.2 Binding Arbitration Process and Procedure

24.2.1 Except as provided herein, if we cannot resolve a Dispute informally, any Dispute will be resolved only by finding, bilateral arbitration before one or more neutral arbitrators in accordance with the terms of this Arbitration Agreement. You understand that by this Arbitration Agreement, you are giving up the right to a jury trial. You may, in arbitration, seek any and all remedies otherwise available to you in a court.

24.2.2 Unless you and Turtles Egg agree otherwise, if the JAMS Consumer Arbitration Minimum Standards apply (the “Consumer Minimum Standards”), the arbitration shall be administered by JAMS and a hearing shall be held near or in Collier County, FL. For residents outside the United States and/or where the Consumer Minimum Standards do not apply, arbitration shall be initiated in Collier County, Florida. Turtles Egg and you further agree to submit to the personal jurisdiction of any state or federal court in Collier County, Florida to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

24.2.3 If either of us intends to seek arbitration, the party seeking arbitration must first notify the other party of the Dispute in writing at least 30 days in advance of initiating the arbitration. Notice to Turtles Egg should be sent to Turtles Egg Inc, c/o Turtles Egg’s Lawyers c/o Turtles Egg Inc, Attn. Legal Services, 4280 Mourning Dove Drive, Naples, FL 34119, USA. You may send a courtesy copy to Turtles Egg, Attn: Legal Dept., (but this copy is only in addition to rather than instead of the letter to our Representative Attorney). The notice must describe the nature of the claim and the relief being sought. If we are unable to resolve our dispute within 30 days, either party may then proceed to file a claim for arbitration.

24.2.4 If your or Turtles Egg’s claim is solely for monetary relief of US $10,000 or less and does not include a request for any type of equitable remedy, the party bringing the claim may choose whether the arbitration of the claim will be conducted through a telephonic hearing, or by an in-person hearing under the JAMS Rules, solely based on documents submitted to the arbitrator.

24.2.6 The cost of arbitration shall be borne by the parties in accordance with the applicable JAMS Rules. To the extent permitted by law, an arbitrator may award costs and/or fees if the arbitrator finds the party’s claims, defenses, or other fee-generating activity to be frivolous or asserted or conducted for an improper purpose. You are responsible for all other additional costs that you may incur in the arbitration including, without limitation, attorney’s fees and expert witness costs unless Turtles Egg is specifically required to pay such fees under the JAMS Rules or applicable law.

24.2.7 If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum based in Collier County, Florida. If there is a conflict between the JAMS Rules (or the rules of the alternative arbitral forum selected by the parties) and the rules set forth in this Agreement, the rules set forth in this Agreement will govern.

24.2.8 You or Turtles Egg may choose to pursue a claim in small claims court where: (a) jurisdiction and venue over you and Turtles Egg otherwise qualifies for such small claims court; (b) such claim advances only on an individual (e.g. non-class, non-representative) basis; and (c) where the claim does not include a request for any type of equitable relief. However, if you decide to pursue a claim in small claims court, you agree to provide Turtles Egg with advance notice by email to [email protected] and by mail to Turtles Egg, 4280 Mourning Dove Drive, Naples, FL 34119

24.2.9 These Terms and this Arbitration Agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against Turtles Egg on your behalf.

24.3 WAIVER OF CLASS OR CONSOLIDATED ACTIONS.

24.3.1 Turtles Egg and you agree to resolve any dispute in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Turtles Egg and you further agree to not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to any dispute with a third party.

24.3.2 The arbitrator(s) cannot combine more than one person’s or entity’s claims into a single case, and cannot preside over any consolidated, class or representative proceeding (unless we agree otherwise).

24.3.3 This Waiver of Class or Consolidated Actions section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of Turtles Egg, or any employee, officer, director, or investor of Turtles Egg, and to any claims asserted by any of them against you, to the extent that any such claims is a dispute.

24.3.4 This Waiver of Class or Consolidated Actions Section shall survive any termination of your account or the Services.

24.4 Authority of Arbitrator

The arbitrator(s), and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator(s) will decide the rights and liabilities, if any, of you and Turtles Egg. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator(s) shall have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator(s) shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and these Terms (including this Arbitration Agreement). The arbitrator(s) shall issue a written award and statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator(s) shall follow the applicable law. The arbitrator(s) has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator(s) is final and binding upon you and us, subject to the JAMS or Other Mediator’s Optional Arbitration Appeal Procedures if applicable.

24.5 Waiver of Jury Trial

YOU AND TURTLES EGG HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO RESOLVE DISPUTES IN COURT (OTHER THAN SMALL CLAIMS COURT AS PERMITTED HEREIN) AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Turtles Egg are instead electing that all covered claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in above. An arbitrator can award on your individual claims the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.