Terms of service

SECTION 23 — INFORMAL RESOLUTION AND MEDIATION

Before either party may initiate arbitration, the parties agree to first attempt to resolve the dispute through a 30-day informal negotiation and mediation period.

During this period, either party may provide written notice describing the dispute and the relief sought. Within ten (10) days of receiving the notice, the parties will meet virtually or by telephone to attempt good-faith resolution through non-binding mediation administered by the American Arbitration Association (“AAA”) under its Mediation Procedures. If the AAA is unavailable to administer the mediation, the parties may agree to use another recognized mediation provider or conduct the mediation informally by mutual agreement.

If the dispute is not resolved within thirty (30) days after notice, either party may then initiate arbitration in accordance with the arbitration terms below.

The mediation filing fee will be paid by Protocol Thrive Inc., doing business as Botanica™ (“Botanica”), except that each party will bear its own attorneys’ fees and costs. The mediation period does not toll any statute of limitations unless required by law.

Nothing in this section prevents either party from seeking individual injunctive or other equitable relief in court where permitted by law.

SECTION 24 — BINDING ARBITRATION AND CLASS-ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.

Before arbitration is filed, you must follow the informal resolution process described in Section 23.

By agreeing to these Terms of Service, you and Protocol Thrive Inc., doing business as Botanica™ (“Botanica”), agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services (a “Dispute”) will be resolved by binding arbitration on an individual basis, rather than in court.

You and Botanica acknowledge and agree that by entering into this arbitration agreement, you are waiving the right to a jury trial or to participate in a class action.

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (available at www.adr.org). If the AAA is unavailable, unwilling, or declines jurisdiction for any reason, the arbitration will be administered by another recognized arbitration provider agreed upon by the parties, or, if necessary, appointed by a court of competent jurisdiction pursuant to Section 5 of the Federal Arbitration Act.

The arbitrator shall have exclusive authority to resolve any dispute regarding the interpretation, enforceability, or formation of this arbitration agreement.

The arbitrator shall have authority to award all remedies available under applicable law, including injunctive and monetary relief, to the same extent as a court.

Arbitration may be conducted virtually (by video or telephone) or, if both parties prefer an in-person hearing, in the county where you reside.

Botanica will pay all arbitration filing and administrative fees beyond the first $200 you pay to initiate a claim.

Frivolous or Improper Claims: If the arbitrator determines that a claim was frivolous or filed for an improper purpose, the arbitrator may reallocate arbitration fees or costs between the parties as appropriate.

Class-Action Waiver: You and Botanica agree that each may bring claims only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

Exception — Public Injunctive Relief: Notwithstanding the foregoing, you may seek public injunctive relief in court under California law to the extent such claim is not waivable under the McGill rule.

Multiple Claims / Batch Arbitration: If twenty-five (25) or more similar arbitration demands are filed against Botanica, Protocol Thrive Inc., or related parties, the AAA or the arbitrator may consolidate them into batches of up to twenty-five (25) cases each to promote efficiency and cost-effectiveness. Each batch shall be treated as a single arbitration for purposes of selecting arbitrators, paying fees, and conducting hearings. The arbitrator may adjust procedures to promote efficiency consistent with the AAA Consumer Rules.

Small-Claims Option: Either party may bring an individual claim in small-claims court instead of arbitration, so long as the claim remains in that court and is not removed or appealed to a court of general jurisdiction.

Fairness Notice: Nothing in this Section limits any rights or remedies you may have under applicable consumer-protection laws.

This arbitration agreement shall be governed by the Federal Arbitration Act (“FAA”) and, to the extent not preempted, the laws of the State of Texas, without regard to conflict-of-law principles.

Judgment on the arbitration award may be entered in any court of competent jurisdiction. If any part of this Section is found unenforceable as to a specific claim, that claim may proceed in court, but the remaining provisions shall remain in effect.

This arbitration agreement is intended to be interpreted broadly and shall survive any suspension or termination of your access to the Services, or any termination of your relationship with Botanica or Protocol Thrive Inc.

SECTION 25 — GOVERNING LAW

These Terms of Service and any related dispute shall be governed by and construed in accordance with the Federal Arbitration Act and the laws of the State of Texas, without regard to conflict-of-law principles.

To the extent any claim is permitted to proceed in court, you and Protocol Thrive Inc., doing business as Botanica™, agree to the exclusive jurisdiction of the state and federal courts located in Texas and waive any objection to such venue.

CONTACT INFORMATION

If you have any questions regarding these arbitration provisions or the Terms of Service, please contact:

Botanica™
Protocol Thrive Inc.
Texas, United States
Email: support@trybotanica.co