Terms of service

OVERVIEW

Welcome to Araweld.com. The terms "we," "us," and "our" refer to Ara Ecom Group. Ara Ecom Group operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). Araweld.com is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.

PLEASE READ THIS NOTICE CAREFULLY.

SECTION 23 CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS. UNLESS YOU OPT OUT AS DESCRIBED IN SECTION 23.11, YOU AND ARA ECOM GROUP AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION, AND YOU WAIVE YOUR RIGHT TO A TRIAL BY JURY AND YOUR RIGHT TO PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

YOU HAVE 30 DAYS TO OPT OUT OF THE ARBITRATION AGREEMENT. SEE SECTION 23.11 FOR INSTRUCTIONS.

SECTION 1 — ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address and your billing, payment, and shipping information. You represent and warrant that all information you provide in our stores is correct, current, and complete, and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 — OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors and product appearance may differ from how they appear on your screen, depending on the device you use to access the store and on your device settings and configuration.

We do not warrant that the appearance or quality of any products or services you purchase will meet your expectations or will be the same as depicted or rendered in our online stores.

All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time, and we may limit the quantities of any products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase. Ara Ecom Group reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Ara Ecom Group confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as Ara Ecom Group may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email address, billing address, or phone number provided at the time the order was placed.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 — PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed, and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges.

Prices posted in our online stores may differ from prices offered in physical stores or in online or other stores operated by third parties. From time to time, we may offer promotions on the Services that affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete; (ii) you are duly authorized to use that credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 — SHIPPING AND DELIVERY

We are not liable for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss pass to you.

SECTION 6 — INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Ara Ecom Group, its affiliates, or its licensors, and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Ara Ecom Group, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Ara Ecom Group.

Ara Ecom Group's names, logos, product and service names, designs, and slogans are trademarks of Ara Ecom Group or its affiliates or licensors. You must not use these trademarks without the prior written permission of Ara Ecom Group. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 — OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control over or input into.

You acknowledge and agree that we provide access to such tools "as is" and "as available," without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which those tools are provided by the relevant third-party provider.

We may also offer new features through the Services in the future, including the release of new tools and resources. Any such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 — THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or to your purchase or use of any products, services, resources, or content on any third-party websites. Please review the third party's policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

Ara Ecom Group is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Ara Ecom Group. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and Ara Ecom Group, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Ara Ecom Group.

SECTION 10 — PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here, and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify, as well as with third parties that may be located in countries other than where you reside, in order to provide services to you. Review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 — FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. For example, we may use our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services, and to perform our obligations and exercise our rights under these Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation to (1) maintain your Feedback in confidence, (2) pay compensation for your Feedback, or (3) respond to your Feedback.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property rights or these Terms of Service.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, and will not contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you submit and for its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice, including after you have submitted your order.

SECTION 13 — PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, or state regulations, rules, or laws, or any local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, or intimidate any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that may harm Ara Ecom Group, Shopify, or users of the Services.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services. We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine that you have violated any part of these Terms.

SECTION 14 — TERMINATION

We may terminate this agreement, or your access to the Services or any part thereof, at our sole discretion and at any time without notice. You will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following any termination: Intellectual Property; Feedback; Termination; Disclaimer of Warranties; Limitation of Liability; Indemnification; Severability; Waiver and Entire Agreement; Assignment; Governing Law; Dispute Resolution, Arbitration Agreement, and Class Action Waiver; and Privacy Policy, along with any other provisions that by their nature should survive termination.

SECTION 15 — DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, by any other visitor to the Services, or by anyone who may be informed of any of its contents.

EXCEPT AS EXPRESSLY STATED BY ARA ECOM GROUP, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL ARA ECOM GROUP, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCT PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING WITHOUT LIMITATION ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 17 — INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Ara Ecom Group, Shopify, and our respective affiliates, partners, officers, directors, agents, contractors, licensors, and service providers from and against any loss, damages, liabilities, or claims, including attorneys' fees, payable to a third party and arising out of (1) your breach of these Terms or of any documents they incorporate by reference, (2) your violation of any law or of the rights of a third party, or (3) your use of or access to the Services.

We will notify you of any indemnifiable claim. Our failure to notify you promptly will not relieve you of your obligations unless you are materially prejudiced as a result. We may control the defense and settlement of such claims at your expense, including the choice of counsel. We will not settle any claim requiring a non-monetary obligation on your part without your consent, which shall not be unreasonably withheld. You agree to cooperate in defending indemnification claims, including by providing relevant documents.

SECTION 18 — SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such a determination shall not affect the validity or enforceability of any remaining provisions.

SECTION 19 — WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. These Terms, together with any operating rules posted on this site, constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, including any prior versions of these Terms of Service. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 20 — PAYMENT TERMS

ANY FEES THAT ARAWELD.COM MAY CHARGE YOU FOR PRODUCTS OR SERVICES ARE DUE IMMEDIATELY UPON COMPLETION OF YOUR PURCHASE AND ARE NON-REFUNDABLE. ARAWELD.COM RESERVES THE RIGHT TO DETERMINE FINAL PREVAILING PRICING. PLEASE NOTE THAT PRICING INFORMATION PUBLISHED ON THE WEBSITE MAY NOT REFLECT PREVAILING PRICING. ARAWELD.COM MAY, AT ITS SOLE DISCRETION, OFFER PROMOTIONAL DEALS WITH DIFFERENT FEATURES OR RATES TO ANY CUSTOMERS. UNLESS SUCH DEALS ARE EXTENDED TO YOU, THEY HAVE NO BEARING WHATSOEVER ON YOUR CONTRACT.

ARAWELD DIRECT CLUB — AUTO-RENEWAL AND CANCELLATION TERMS

Free 7 - Day Trial Period. If you enroll in a free trial period for the Araweld Direct Club®, you are not charged for 7 days from the date of purchase for the subscription membership (you will be charged for any physical products that you purchase). However, you will be required to provide payment information to pay for the Araweld Direct Club® fees, including any taxes, which will be due once the trial period ends, unless you cancel as outlined below. New members only.

Charges and Automatic Renewals. On the day after your trial ends, your credit card or other payment method on file will be charged the Araweld Direct Club® fees of 29 dollars 99 cents USD (exclusive of taxes) without obtaining your further confirmation. Further, your Araweld Direct Club® will automatically renew each billing period of 28 days, and you will be charged 29 dollars 99 cents USD (exclusive of taxes) every 28 days, until you cancel.

Cancellation. If you do not want to continue the Araweld Direct Club® after the trial period or if you wish to cancel the Araweld Direct Club® at any time, you may do so by filling out the Cancel Membership form on our Website, by emailing us at support@araweld.com, now at least 3 days beforethe next billing period with your full name and the email and physical address associated with your use of the order. Your failure to cancel or your continued use of the Araweld Direct Club®reaffirms that Company is authorised to charge you for, and you are responsible for paying, all Araweld Direct Club® fees.

SECTION 21 — ASSIGNMENT

You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our consent. Any attempt to do so is null and void. We may assign or transfer these Terms, and our rights and obligations under them, without notice to you.

SECTION 22 — GOVERNING LAW

These Terms of Service, and any separate agreements whereby we provide you Services, shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions. Notwithstanding the foregoing, Section 23 (Dispute Resolution; Arbitration Agreement; Class Action Waiver) shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

Subject to Section 23, and solely for any dispute not subject to arbitration, you agree that the state and federal courts located in Allegheny County, Pennsylvania shall have exclusive jurisdiction, and you consent to personal jurisdiction and venue in those courts and waive any objection based on inconvenient forum.

SECTION 23 — DISPUTE RESOLUTION; ARBITRATION AGREEMENT; CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, TO HAVE A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION.

23.1 Application and Scope

This Section 23 applies to any dispute, claim, or controversy between you and Ara Ecom Group, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before, during, or after the termination of these Terms (each, a "Dispute"). This includes, without limitation, Disputes arising out of or relating to:

these Terms of Service or any prior version of them;

your access to or use of the Services;

any products or services you purchase from us, including any membership in the Araweld Direct Club;

any billing, charge, renewal, or cancellation;

any advertising, marketing, or communications you receive from us; and

the scope, validity, enforceability, or applicability of this Section 23, except as expressly provided in Section 23.8.

This Section 23 also applies to and benefits our affiliates, officers, directors, employees, agents, contractors, licensors, and service providers, each of whom is an intended third-party beneficiary of this Section 23.

This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and evidences a transaction involving interstate commerce.

23.2 Informal Dispute Resolution First

Before initiating arbitration, you and Ara Ecom Group agree to attempt to resolve the Dispute informally. This step is a condition precedent to commencing arbitration.

The party raising the Dispute must send a written Notice of Dispute to the other party. Your Notice of Dispute must be sent to support@araweld.com with the subject line "Notice of Dispute," and must include: (a) your full name, (b) the email address and billing address associated with your account or order, (c) the order number(s) at issue, (d) a description of the nature and basis of the Dispute, and (e) the specific relief you are seeking. Our Notice of Dispute to you will be sent to the email address associated with your account.

You and Ara Ecom Group agree to negotiate in good faith for 30 days following receipt of a Notice of Dispute. Either party may request an individualized telephone or videoconference settlement conference during this period, and both parties will cooperate in scheduling it. If a party is represented by counsel, that party's counsel may participate, but the party must also participate personally.

Neither party may commence arbitration until the 30-day period has elapsed. The applicable statute of limitations and any arbitration filing fee deadlines are tolled during this period. A court has the authority to enjoin the filing or prosecution of an arbitration commenced without complying with this Section 23.2.

23.3 Agreement to Arbitrate

If the Dispute is not resolved through the process in Section 23.2, you and Ara Ecom Group each agree to resolve the Dispute exclusively through final and binding individual arbitration, rather than in court, except as provided in Sections 23.4 and 23.8.

You and Ara Ecom Group are each waiving the right to a trial by jury and the right to proceed in court, except as expressly permitted by this Section 23.

23.4 Exceptions

This Section 23 does not require arbitration of:

(a) Small claims. Either party may bring an individual action in small claims court, so long as the action remains in that court, is brought on an individual (non-class, non-representative) basis, and is within that court's jurisdictional limits.

(b) Intellectual property. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

Seeking relief under this Section 23.4 does not waive either party's right to compel arbitration of any other Dispute.

23.5 Arbitration Rules and Procedure

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA Consumer Arbitration Rules in effect at the time arbitration is commenced (the "AAA Rules"), as modified by this Section 23. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. If the AAA is unavailable or declines to administer the arbitration consistent with this Section 23, the parties will agree on a substitute administrator, or a court of competent jurisdiction will appoint one.

If there is a conflict between the AAA Rules and this Section 23, this Section 23 controls to the extent permitted by the FAA.

The arbitration will be conducted by a single neutral arbitrator. The arbitrator will be bound by these Terms.

Hearing format and location. For claims of $25,000 or less, the arbitration will be conducted on the basis of written submissions unless you request a hearing or the arbitrator determines a hearing is necessary. If a hearing is held, you may elect for it to be conducted by telephone, by videoconference, or in person. If you elect an in-person hearing, it will take place in the county of your residence or billing address, or at another mutually agreed location.

Authority of the arbitrator. The arbitrator may award any relief that a court could award on an individual basis under applicable law, including declaratory and injunctive relief, but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator's award is final and binding, and judgment on the award may be entered in any court of competent jurisdiction. The arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

23.6 Arbitration Fees

Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, except that if you demonstrate to the arbitrator that the costs of arbitration are prohibitive as compared to the costs of litigation, we will pay as much of your filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.

If the arbitrator determines that your claim is frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and we may seek reimbursement of any fees we advanced on your behalf.

Each party is responsible for its own attorneys' fees and costs unless the arbitrator awards them under applicable law.

23.7 CLASS ACTION WAIVER

YOU AND ARA ECOM GROUP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR OTHER REPRESENTATIVE PROCEEDING.

YOU AND ARA ECOM GROUP FURTHER AGREE THAT:

The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class, collective, or representative proceeding, except as expressly provided in Section 23.9.

The arbitrator may not award relief to anyone other than the individual party seeking relief, and may not award relief on behalf of the general public or any other person.

You and Ara Ecom Group waive any right to a trial by jury on any Dispute subject to arbitration.

This waiver applies to the fullest extent permitted by applicable law.

23.8 Non-Severability of the Class Action Waiver

Notwithstanding Section 18 (Severability) and anything else in these Terms:

(a) If any portion of Section 23.7 is found to be unenforceable or unlawful with respect to a particular claim or request for relief, then that claim or request for relief shall be severed from the arbitration and brought exclusively in the courts identified in Section 22. All other claims and requests for relief remain subject to arbitration, and the arbitration shall be stayed pending resolution of the severed claim.

(b) If Section 23.7 is found to be unenforceable or unlawful in its entirety, then this entire Section 23 shall be null and void, and the parties' Disputes shall be resolved exclusively in the courts identified in Section 22. In no event shall any class, collective, consolidated, or representative proceeding be arbitrated, and neither party consents to class or representative arbitration.

(c) A court, and not an arbitrator, shall decide any question concerning the enforceability, validity, or scope of Section 23.7 or of this Section 23.8. If a court finds that this delegation carve-out is unenforceable, the entire Section 23 is null and void.

If any other portion of this Section 23 is found unenforceable, that portion shall be severed and the remainder of this Section 23 shall remain in full force and effect.

23.9 Mass Arbitration Protocol

If 25 or more similar Notices of Dispute are submitted by or with the assistance of the same law firm, group of law firms, or coordinated entities within a 90-day period, and counsel for the claimants are the same or coordinated, the parties agree that these Disputes shall be resolved in batches of no more than 50 claimants each.

The parties will cooperate with the AAA to: (a) administer each batch as a single consolidated arbitration with one arbitrator, one set of filing fees, and one hearing (if any); (b) provide for the resolution of each batch before the next batch is filed; and (c) apply the outcome of the initial batches, where appropriate, to facilitate global resolution.

A court has authority to enforce this Section 23.9 and, if necessary, to enjoin the mass filing of arbitration demands that do not comply with it. All applicable statutes of limitation are tolled for claimants in later batches from the date their Notice of Dispute was received.

This Section 23.9 does not constitute consent to class arbitration and does not alter Section 23.7.

23.10 Offers of Settlement

Either party may make a written offer of settlement at any time before the arbitrator issues an award. If you do not accept our offer and the arbitrator awards you an amount that is greater than our last written offer but less than $10,000, we will pay you the greater of the award or $10,000, and we will pay your reasonable attorneys' fees and costs incurred in the arbitration, to the extent not already awarded.

23.11 Your Right to Opt Out

You may opt out of this Section 23 (including the arbitration agreement and class action waiver) within 30 days of the date you first accept these Terms.

To opt out, send written notice to support@araweld.com with the subject line "Arbitration Opt-Out," including: (a) your full name, (b) the email address and billing address associated with your account or order, and (c) a clear statement that you wish to opt out of the arbitration agreement.

Opting out will not affect any other part of these Terms and will not affect your use of the Services or any of your rights as a customer. If you opt out, Disputes will be resolved in the courts identified in Section 22, and the class action waiver in Section 23.7 will not apply to you.

If you have previously accepted a version of these Terms containing an arbitration agreement and did not opt out at that time, your prior agreement to arbitrate remains in effect and this 30-day window does not reopen.

23.12 Changes to This Section

Notwithstanding Section 24 (Changes to Terms of Service), if we make any future material change to this Section 23, that change will not apply to any Dispute for which we received a Notice of Dispute before the effective date of the change. Any other material change to this Section 23 will become effective 30 days after posting, and you may reject the change by sending written notice to support@araweld.com within those 30 days, in which case the version of this Section 23 in effect immediately before the change will continue to apply to you.

23.13 Survival

This Section 23 survives the termination of these Terms and the termination of your account or membership.

SECTION 24 — HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 25 — CHANGES TO TERMS OF SERVICE

You may review the most current version of these Terms at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check this page periodically for changes. We will notify you of material changes where required by applicable law. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes. Changes to Section 23 are governed by Section 23.12.

SECTION 26 — CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at support@araweld.com.

Our contact information is posted below:

Store name: Araweld.com
Company name: Ara Ecom Group Limited
Warehouse address: 8292 NW 21 St, Doral, FL 33122
Phone: +1 (833) 272-6820
Email: support@araweld.com
Customer service: https://araweld.com/pages/contact
Preferred contact method: Email. We aim to respond to inquiries within 24 business hours.
Operational hours: Monday to Friday, 9am–5pm Pacific