RETAIL ARBITRATION AGREEMENT

Baby&Baby LLC
State of Indiana
Effective Date: June 20, 2021

This Retail Arbitration Agreement (“Agreement”) is entered into between Baby&Baby LLC (“Merchant”) and the undersigned customer (“Customer”) regarding the purchase of products and/or services from Merchant.

1. Purpose

The parties agree that any dispute arising out of or relating to the purchase of products or services from Merchant shall be resolved through binding arbitration rather than through litigation in court, except as otherwise provided in this Agreement.

By completing a purchase, placing an order, or signing this Agreement, the Customer acknowledges that they have read and understand this Arbitration Agreement and voluntarily agree to its terms.

2. Covered Disputes

Except for matters specifically excluded below, this Agreement applies to any claim, dispute, controversy, or cause of action arising out of or relating to:

• The purchase or attempted purchase of goods or services;
• Custom gift arrangements or personalized products;
• Product substitutions;
• Delivery issues;
• Payment disputes;
• Refunds or store credits;
• Alleged defects in products;
• Marketing or advertising representations;
• Contract claims;
• Warranty claims;
• Consumer protection claims;
• Negligence or other tort claims;
• Any other dispute arising from the parties’ business relationship.

This Agreement shall be interpreted broadly to the fullest extent permitted by applicable law.

3. Excluded Claims

The following claims are not subject to mandatory arbitration:

• Claims that may properly be brought in an Indiana Small Claims Court, if the filing party elects that forum;
• Actions seeking temporary or preliminary injunctive relief to preserve property or prevent irreparable harm until arbitration can occur;
• Any dispute that applicable law prohibits from mandatory arbitration.

4. Good Faith Resolution Requirement

Before initiating arbitration, either party shall provide written notice describing the dispute and the relief requested.

The parties agree to make a good-faith effort to resolve the dispute through informal discussions for a period of thirty (30) days following receipt of such notice before initiating arbitration.

5. Arbitration Procedure

If the dispute is not resolved through informal discussions, either party may initiate binding arbitration.

The arbitration shall be conducted:

• In the State of Indiana;
• Before a neutral arbitrator;
• In accordance with the Indiana Uniform Arbitration Act and any applicable procedural rules selected by the arbitrator or agreed upon by the parties, unless superseded by applicable federal law;
• In a manner intended to provide a fair, efficient, and cost-effective resolution.

The arbitrator shall have authority to determine all issues of arbitrability to the extent permitted by law.

6. Arbitrator’s Authority

The arbitrator may:

• Award damages permitted by applicable law;
• Interpret and enforce this Agreement;
• Award costs or attorney fees only when authorized by contract or applicable law;
• Grant any remedy that would otherwise be available in a court of competent jurisdiction.

The arbitrator shall issue a written decision.

Judgment upon the arbitration award may be entered in any court having jurisdiction.

7. Individual Claims Only

To the fullest extent permitted by law, arbitration shall be conducted on an individual basis.

Neither party shall bring claims as:

• A class action;
• A collective action;
• A representative action;
• A private attorney general action;

unless applicable law requires otherwise.

The arbitrator shall have no authority to consolidate claims involving different customers without the written consent of all affected parties.

8. Discovery

The arbitrator may permit reasonable discovery as necessary for the fair resolution of the dispute while promoting efficiency and minimizing unnecessary expense.

9. Governing Law

This Agreement shall be governed by the laws of the State of Indiana, except to the extent that federal law, including the Federal Arbitration Act where applicable, governs the enforceability or interpretation of this arbitration provision.

10. Severability

If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law.

11. Survival

This Arbitration Agreement survives:

• Completion of the transaction;
• Delivery of products;
• Issuance of refunds or store credits;
• Cancellation of orders;
• Termination of the parties’ relationship.

12. Waiver of Jury Trial

BY ENTERING INTO THIS AGREEMENT, BOTH THE MERCHANT AND THE CUSTOMER KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE COVERED BY THIS AGREEMENT.

13. Entire Agreement

This Arbitration Agreement constitutes the entire agreement between the parties regarding dispute resolution and supersedes any prior oral or written agreements concerning arbitration.

ACKNOWLEDGMENT

I acknowledge that I have read this Arbitration Agreement, understand its terms, have had the opportunity to ask questions, and voluntarily agree to resolve covered disputes through binding arbitration as described herein.