Please read this section carefully — it affects your legal rights.
a. Informal resolution first. Before filing a claim, you and Peeek agree to try to resolve the dispute informally: send a written notice describing the dispute to legal@gopeeek.com (or, from us, to your account email), and allow 30 days of good-faith discussion before either party initiates a formal proceeding.
b. Binding individual arbitration. Except as provided in (d) and (e), any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration on an individual basis, administered by JAMS under its Streamlined Arbitration Rules and its Consumer Arbitration Minimum Standards. The Federal Arbitration Act governs this section. Judgment on the award may be entered in any court of competent jurisdiction. For consumers, arbitration fees will be allocated per JAMS consumer standards, and any hearing will take place in the county where you reside (or remotely, if you prefer).
c. Class action waiver. Disputes will be arbitrated only on an individual basis. Neither you nor Peeek may participate in a class, collective, consolidated, or representative action, and the arbitrator may not consolidate claims or preside over any representative proceeding. If this waiver is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court, with the remainder arbitrated.
d. Carve-outs. Either party may (i) bring an individual claim in small claims court, and (ii) seek injunctive or equitable relief in court for infringement or misuse of intellectual property. To the extent California law applies, claims for public injunctive relief may be pursued in court, and nothing in this section waives that right.
e. 30-day opt-out. You may opt out of this arbitration agreement and class action waiver by emailing legal@gopeeek.com within 30 days of first accepting these Terms, stating your name, account email, and your decision to opt out. Opting out does not affect any other provision of these Terms.
f. Severability. If any part of this Section 15 (other than the class action waiver, addressed in (c)) is found unenforceable, the remainder remains in effect.