FPL Food TERMS OF Service

Please Read This Following   Clause Carefully – it May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
(A) Initial Dispute Resolution. Company is available by email at marketing@fplfood.com to address any concerns you may have regarding your use of the Site. Most concerns may be quickly resolved in this manner. Each of you and Company agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
(B) Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 10(A) above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms of Service (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Site shall be finally settled by binding arbitration administered by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Service, including, but not limited to, any claim that all or any part of these Terms of Service is void or voidable. You or we may elect to appear at the arbitration by phone or, if you and we both agree, to conduct it online, in lieu of appearing live. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms of Service shall be subject to the Federal Arbitration Act.
The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures  If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars($250.00), Company will pay the additional cost. If Company is required to pay additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and Company will make arrangements to pay all necessary fees directly to JAMS. Company will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by Company if you do not prevail in arbitration. Company will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that the right to discovery may be more limited in arbitration than in court.  
(C) Class Action and  Class Arbitration Waiver. You and Company each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, class arbitration, or other representative action, and you and Company each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 10(B) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
(D) Exception – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
(E) Exception – California Private Attorneys General Act (PAGA) Action. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.
(F) 30 Day Right to Opt-Out You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 10(B) and 10(C) by sending written notice of your decision to opt-out by emailing Company at marketing@fplfood.com. The notice must be sent within thirty (30) days of your first use of the Site, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, Company also will not be bound by them.
(G) Governing Law; Exclusive Venue for Litigation; Waiver of Jury Trial. These Terms of Service are governed by U.S. law and are subject to all applicable federal, state, and local laws and regulations. Except to the extent the FAA applies, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms of Service, or the rights and obligations of you or Company in connection with your use of the Site, shall be governed by, and construed in accordance with, the laws of the State of Georgia, U.S.A., without giving effect to the conflict of laws rules thereof. The parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Augusta, GA (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Augusta, GA for any litigation other than small claims court actions. In the event of litigation relating to these Terms of Service, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial.