Legal notice

MANDATORY MEDIATION AND DISPUTE RESOLUTION NOTICE

CiLoui Travel
Operated by CiLoui Discover LLC

BINDING MEDIATION AGREEMENT

PLEASE READ THIS NOTICE CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

By accessing, browsing, or making any purchase from CiLoui Travel (the “Store”), operated by CiLoui Discover LLC, a limited liability company organized under the laws of Florida (hereinafter referred to as “Company,” “we,” “us,” or “our”), you (hereinafter referred to as “Customer,” “you,” or “your”) hereby acknowledge, understand, and expressly agree to be bound by the following mandatory dispute resolution provisions.

1. AGREEMENT TO MEDIATE

1.1 Mandatory Mediation. You and Company mutually agree that any and all disputes, claims, controversies, or disagreements not addressed by our published policies and arising out of or relating to (i) your use of the Store; (ii) any products or services purchased through the Store; (iii) any representations, omissions, or practices related to the foregoing; (iv) these Terms and Conditions; or (v) any other aspect of our relationship (collectively, “Disputes”), SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING MEDIATION as set forth herein.

1.2 Waiver of Litigation Rights. BY AGREEING TO THESE TERMS, YOU AND COMPANY EXPRESSLY WAIVE THE RIGHT TO FILE A LAWSUIT IN ANY COURT, WHETHER FEDERAL, STATE, OR LOCAL, AND WAIVE THE RIGHT TO A TRIAL BY JURY OR JUDGE. You acknowledge that this waiver is knowing, voluntary, and made with full understanding of its implications.

1.3 Waiver of Class Actions. You and Company agree that any mediation shall be conducted solely on an individual basis and not as a class action, consolidated action, or representative action. You expressly waive any right to pursue claims on a class or collective basis.

2. SCOPE OF DISPUTES COVERED

2.1 Broad Application. This Mandatory Mediation Agreement applies to all Disputes, including but not limited to:

Product quality, description, or delivery issues
Billing, payment, or refund disputes
Breach of contract claims
Warranty claims, express or implied
Fraud, misrepresentation, or deceptive practices allegations
Privacy or data security concerns
Intellectual property disputes
Tort claims, including negligence or intentional torts
Statutory claims under federal, state, or local law
Any other legal or equitable claims whatsoever

2.2 Exceptions. Notwithstanding the foregoing, this Mandatory Mediation Agreement does not preclude either party from: (i) seeking provisional or injunctive relief in a court of competent jurisdiction to prevent irreparable harm pending mediation; or (ii) pursuing claims in small claims court, provided such claims remain within that court’s jurisdiction and proceed on an individual basis only.

3. MEDIATION PROCEDURES

3.1 Initiation of Mediation. Any party seeking to initiate mediation must first provide written notice to the other party describing the nature of the Dispute and the relief sought. Such notice shall be sent via certified mail, return receipt requested, or via email with confirmation of receipt.

3.2 Selection of Mediator. The parties shall mutually agree upon a qualified, neutral mediator within thirty (30) days of the notice of mediation. If the parties cannot agree, either party may request that a mediator be appointed by the American Arbitration Association (“AAA”), JAMS, or another nationally recognized alternative dispute resolution provider.

3.3 Mediation Location. Unless otherwise agreed by the parties, mediation shall take place in [City, State] or via videoconference at the mutual convenience of the parties.

3.4 Mediation Rules. The mediation shall be conducted in accordance with the Commercial Mediation Procedures of the American Arbitration Association or such other procedures as the parties may mutually agree upon.

3.5 Costs and Fees. Each party shall bear its own attorneys’ fees and costs. The mediator’s fees and administrative costs shall be shared equally by the parties unless otherwise agreed or awarded by the mediator.

3.6 Confidentiality. All mediation proceedings, including any settlement discussions, documents exchanged, and statements made, shall be confidential and inadmissible in any subsequent legal proceeding, except as required by law.

3.7 Good Faith Participation. Both parties agree to participate in mediation in good faith and to make reasonable efforts to resolve the Dispute through mediation before pursuing any other remedies.

4. BINDING EFFECT AND ENFORCEABILITY

4.1 Binding Agreement. This Mandatory Mediation Agreement constitutes a binding contract between you and Company. Any settlement reached through mediation shall be final, binding, and enforceable in any court of competent jurisdiction.

4.2 Severability. If any provision of this Mandatory Mediation Agreement is found to be unenforceable or invalid, that provision shall be severed, and the remainder of the Agreement shall remain in full force and effect.

4.3 Survival. This Mandatory Mediation Agreement shall survive the termination of your relationship with Company and shall continue to govern any Disputes arising from prior transactions or interactions.

5. GOVERNING LAW

This Mandatory Mediation Agreement and any Disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of laws principles. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, shall govern the interpretation and enforcement of this mediation agreement to the extent applicable.

6. ACKNOWLEDGMENT AND CONSENT

By clicking “I Agree,” “Accept,” “Continue,” or by completing a purchase or otherwise using the Store, you acknowledge that:

You have read and understood this Mandatory Mediation Agreement;
You have had the opportunity to consult with legal counsel;
You voluntarily agree to resolve all Disputes through mediation;
You waive your right to pursue litigation in court or participate in class actions; and
This Agreement is supported by adequate consideration, including your access to and use of the Store.