
Dispute Resolution
This Dispute Resolution section sets forth the agreed-upon method by which Luz Qi and users will resolve any disputes arising from or relating to the use of the Luz Qi website, these Terms & Conditions, or any other related matters. By using the Luz Qi website or services, you agree to adhere to the terms and conditions of this Dispute Resolution process.
- Scope of Dispute ResolutionThis agreement applies to any and all disputes, claims, or controversies that may arise between you, the user, and Luz Qi in connection with your use of the website, services, content, or any other related issues. This includes, but is not limited to, disputes arising out of or related to the interpretation, application, or performance of these Terms & Conditions, any breach of the Terms, or any claims based on contract, tort, statutory claims, or other legal theories.
- Initial Informal NegotiationBefore initiating formal arbitration, both Luz Qi and you agree to attempt to resolve any dispute informally. This means that the parties will engage in good faith discussions in an effort to resolve the issue in a mutually agreeable manner. These informal discussions must be initiated within [insert number of days, e.g., 30 days] of the dispute arising. During this time, both parties should endeavor to discuss the issues, and share any relevant information that may help facilitate a solution.If the dispute is not resolved through informal negotiation within the designated period, either party may proceed to the formal dispute resolution process.
- Arbitration ProcessIf the dispute is not resolved through informal negotiation, the matter will be submitted to binding arbitration. The arbitration process will be conducted in accordance with the rules and procedures established by [insert applicable arbitration body, e.g., the International Chamber of Commerce (ICC) or the American Arbitration Association (AAA)].The location of the arbitration shall be [insert location, e.g., London, United Kingdom], and the language of arbitration shall be [insert language, e.g., English]. The arbitrator’s decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.
- Arbitration Rules and ProceduresThe arbitration shall be governed by the rules of [insert arbitration body]. These rules typically outline the procedures for initiating the arbitration, including filing a notice of claim, exchanging relevant documents, selecting an arbitrator, and holding hearings. Both parties agree to adhere to these rules, which are designed to ensure a fair and transparent process.Both Luz Qi and you, the user, agree to respect the impartiality and authority of the arbitrator. The arbitrator’s role is to evaluate the dispute based on the evidence and arguments presented by both parties and to render a decision that is legally binding. The arbitrator may have the authority to award remedies, including but not limited to monetary damages, injunctive relief, or any other form of resolution deemed appropriate.
- Costs of ArbitrationThe costs associated with arbitration, including the arbitrator’s fees, administrative fees, and any associated expenses, shall be borne by the losing party unless the arbitrator determines otherwise. In the event that Luz Qi is found to be at fault or liable, Luz Qi will cover the associated costs. Similarly, if the user is found to be at fault, they shall bear the costs of the arbitration. However, each party is responsible for their own attorney’s fees, unless the arbitrator rules otherwise or specific laws dictate otherwise.
- Waiver of Class Action and ConsolidationBy agreeing to this Dispute Resolution process, both Luz Qi and you, the user, agree to waive the right to bring or participate in any class action or representative action related to the dispute. All claims will be resolved on an individual basis, and no arbitration or legal proceeding shall be consolidated with any other matter or proceeding without the express consent of all parties involved.This waiver is an essential part of the agreement, as it ensures that disputes are handled individually and not collectively, which can streamline the resolution process and avoid complex litigation. Both parties acknowledge and agree that this waiver is enforceable and that all disputes will be handled in the prescribed manner.
- Limitations on ClaimsAny claims or disputes must be filed within a specific time frame. Unless otherwise agreed by the parties or dictated by applicable law, any claim arising out of or related to the use of the Luz Qi website or services must be initiated within [insert period, e.g., one year] from the date the cause of action arose. Failure to file within this time frame will result in the claim being barred, and the parties agree that no claims shall be heard beyond this statutory period.
- Exclusivity of ArbitrationThe parties agree that arbitration shall be the exclusive method of resolving any disputes or claims, and that no court or legal venue other than the designated arbitration forum will have the authority to resolve such disputes. The parties waive the right to file a lawsuit in a court of law, except to enforce the results of an arbitration award or as otherwise provided by law.
- Enforceability and SeverabilityIf any part of this Dispute Resolution clause is determined to be invalid, illegal, or unenforceable by a court or arbitrator, the remaining provisions of this agreement will remain in full effect. The unenforceable provisions will be modified or replaced to the extent necessary to make the clause enforceable while maintaining the intent of the original agreement.
- Acknowledgment of Agreement
By using the Luz Qi website, you acknowledge and agree to the terms and conditions set forth in this Dispute Resolution process. You confirm that you have had the opportunity to read and understand these terms, and that you voluntarily agree to submit any disputes to arbitration in the manner described above.
This section of the agreement reflects the mutual understanding between you and Luz Qi with respect to dispute resolution, and you agree to abide by the procedures outlined herein.
Date: February 23, 2025
For further inquiries, please contact:
Email: info@luzqi.com
Website: www.luzqiart.com