A. Scope and Governing Law
Your participation in the Membership Program and any dispute, claim, or controversy arising out of or relating in any way to your Membership, purchase, use of our website, or communications with the Company (collectively, “Disputes”) are governed by the laws of the State of Florida, without regard to its conflict of laws principles.
Any Dispute must be brought within one (1) year after the claim accrues, unless a longer period is required by law.
B. Forum Selection for Non-Arbitrable Matters
Except as otherwise provided below, the state and federal courts located in Palm Beach County, Florida shall have exclusive jurisdiction and venue over any Dispute that is not subject to arbitration under this Agreement or that a court determines is not arbitrable.
You and the Company irrevocably consent to personal jurisdiction in those courts and waive any objection based on inconvenient forum.
C. Pre-Arbitration Notice and Informal Resolution
Before either party initiates arbitration or court proceedings, the party seeking relief must send a written notice briefly describing the claim and requested relief.
If you are the claimant, send your notice to:
Membership Legal Notice
Attn: Legal Department
160 W Camino Real #561
Boca Raton, Florida 33432, USA
Email: hello@aureonlabs.com
Within sixty (60) days after the notice is sent, the parties must meet and confer in good faith, by telephone or video conference, to attempt an informal resolution.
During this period, any statute of limitations and arbitration filing deadlines are tolled.
D. Agreement to Arbitrate
Except as provided in Section H below, you and the Company agree that all Disputes shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect.
The Federal Arbitration Act (9 U.S.C. §§ 1–16) governs the interpretation and enforcement of this provision.
If the AAA is unavailable, the parties shall agree on a substitute administrator, or a court may appoint one pursuant to 9 U.S.C. § 5.
E. Location, Format, and Procedures
The legal seat of arbitration shall be Palm Beach County, Florida, and the arbitration will be conducted in English.
Unless a hearing is requested within ten (10) days after the arbitration demand is acknowledged, the arbitration will proceed on a documents-only (desk) basis.
If a hearing occurs, it will be held by telephone or videoconference, unless both parties agree otherwise.
The Federal Rules of Evidence apply to all hearings except for desk arbitrations.
F. Arbitration Demand Requirements
Any demand must include:
1. The claimant’s name, phone number, mailing address, and email address;
2. A concise statement of claims and relevant facts;
3. The relief sought and a good-faith calculation of the amount in controversy;
4. The claimant’s signature.
If represented by counsel, counsel must certify that the claim is not brought for an improper purpose and that it has evidentiary and legal support.
G. Arbitrability and Sequencing
Except for issues reserved to a court in Section J, the arbitrator—not a court—shall decide the scope, applicability, enforceability, or validity of this arbitration agreement.
Arbitrable claims will be arbitrated first, and any non-arbitrable claims will be stayed pending the arbitration outcome.
H. Small Claims Court Option
Either party may bring an individual action in a Florida small claims court of competent jurisdiction, provided the claim remains individual and not part of a class or representative proceeding.
I. Confidentiality
To the fullest extent permitted by law, the arbitration proceeding—including filings, disclosures, discovery, and the final award—shall remain confidential except as required by law or to enforce or challenge an award.
J. Relief and Court Involvement
The arbitrator must apply applicable law and may award any form of individual relief available in court, including damages and injunctive relief.
The award shall bind only the parties to the arbitration and shall have no preclusive effect in proceedings involving others.
Either party may seek provisional or emergency relief in a Florida court of competent jurisdiction.
Judgment on the arbitral award may be entered in any court with jurisdiction.
K. Fees and Costs
The Company shall pay any arbitration fees that exceed the filing fee of a Florida court of competent jurisdiction.
If you demonstrate that you cannot afford arbitration costs, the Company will cover those fees.
If a claim is found frivolous or brought for harassment, the arbitrator may award reasonable attorneys’ fees and costs to the other party.
L. Class and Representative Action Waiver
You and the Company agree that each may bring claims only in an individual capacity, not as a plaintiff or member in any class, collective, or representative proceeding.
The arbitrator shall have no authority to conduct or consolidate class or representative actions.
Where applicable law prohibits waiver of public injunctive relief claims, such claims shall be decided by the arbitrator only on an individual basis.
M. Opt-Out Right
You may opt out of this arbitration agreement within thirty (30) days after accepting this Membership Agreement by sending written notice to:
Membership Legal Notice (address above) or hello@aureonlabs.com.
If you opt out, the class action waiver (Section L) and forum selection (Section B) will still apply.
N. Severability and Survival
If any part of this arbitration provision is found invalid or unenforceable, the remainder shall continue in full force and effect.
If a court determines that the class action waiver is unenforceable as to a particular claim, that claim shall proceed in court, but all other claims shall remain subject to arbitration.
This section shall survive termination of your Membership and any end to the relationship between you and the Company.
O. Notice to California Consumers
This arbitration provision does not waive any rights or obligations under the California Automatic Renewal Law (Cal. Bus. & Prof. Code §17600 et seq.), but governs how disputes, if any, are resolved.