16.1 Informal Resolution

Before initiating arbitration or litigation, you and Unplastic Labs agree to make a good-faith effort to resolve the dispute informally. A member may begin this process by emailing legal@unplasticlabs.com with a description of the issue and the requested resolution. Either party may proceed after thirty (30) days if the dispute has not been resolved, unless a shorter period is reasonably necessary to preserve a claim or seek urgent relief.

16.2 Binding Individual Arbitration

Except for the matters described in Section 16.3 and unless you timely opt out under Section 16.7, any dispute, claim, or controversy arising out of or relating to these Terms, your membership, a Research Season, or the Platform will be resolved by final and binding individual arbitration rather than in court.

Arbitration will be administered by the American Arbitration Association ("AAA") under the then-current AAA Consumer Arbitration Rules and Mediation Procedures applicable when the claim is filed. If AAA is unavailable or declines to administer the matter, the parties will attempt to agree on another administrator. If they cannot agree, a court of competent jurisdiction may appoint one.

16.3 Small Claims and Injunctive Relief

Either party may bring an individual claim in a court of competent small-claims jurisdiction if the claim qualifies and remains an individual, non-representative claim.

Either party may seek temporary or emergency injunctive relief from a court where reasonably necessary to preserve the status quo, prevent imminent harm, protect confidential information, protect intellectual-property rights, or prevent unauthorized access to or distribution of member materials. Seeking such relief does not waive arbitration of the underlying dispute.

16.4 Arbitration Procedure and Location

The arbitration may be conducted by documents, telephone, video conference, or an in-person hearing, as permitted by the AAA rules and selected by the arbitrator after considering the parties' circumstances. An in-person hearing will take place in Mecklenburg County, North Carolina, unless the AAA rules, applicable law, or the arbitrator require or permit another reasonably accessible location.

The arbitrator may award any individual relief that a court could award, but only to the extent necessary to resolve the individual claim. The award will be in writing and will state the essential findings and conclusions. Judgment on the award may be entered in any court of competent jurisdiction.

16.5 Arbitration Fees and Attorneys' Fees

AAA filing, administrative, and arbitrator fees will be allocated under the then-current AAA Consumer Arbitration Rules and fee schedule. Unplastic Labs will pay the amounts it is required to pay under those rules. For an individual claim seeking less than $10,000, Unplastic Labs will also reimburse the consumer filing fee after the claim is filed, unless the arbitrator determines that the claim was frivolous or brought in bad faith.

Each party is responsible for its own attorneys' fees unless a statute, the AAA rules, or the arbitrator permits an award of fees.

16.6 Class and Representative Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISPUTES MUST BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY. NEITHER YOU NOR UNPLASTIC LABS MAY PARTICIPATE AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, MASS, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE PROCEEDING.

If a final decision determines that this waiver is unenforceable as to a particular claim or request for relief, that claim or request will proceed in a court of competent jurisdiction after all arbitrable claims have been completed, unless applicable law requires otherwise.

16.7 Right to Opt Out of Arbitration

You may opt out of Sections 16.2 through 16.6 by emailing legal@unplasticlabs.com within thirty (30) days after the date you first agree to these Terms. Your notice must include your full name, the email associated with your membership, and a clear statement that you are opting out of the arbitration agreement.

Opting out will not affect your membership or the remaining provisions of these Terms. If you opt out, disputes will be resolved under Section 16.8.

16.8 Governing Law and Court Venue

These Terms are governed by the laws of the State of North Carolina, without regard to conflict-of-law principles, except that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions.

For disputes that are not subject to arbitration, you and Unplastic Labs consent to the exclusive jurisdiction of the state and federal courts located in Mecklenburg County, North Carolina, except that an eligible individual claim may be brought in small claims court as provided above.

16.9 Survival

This Section survives termination of membership, account closure, refund, and termination of these Terms.