At Michael Kelly Guitar Co. (“MKG”) we are committed to make our customers, website visitors, and store visitors happy. Rarely, despite or best efforts, disputes may arise regarding our products, services, or activities that require resolution. For that reason, we have established the following dispute resolution procedure intended to resolve disputes in the most rapid, efficient, and cost-effective manner possible. This policy applies to any and all disputes (“Disputes”) arising out of, affecting, or relating to your use of our website, purchase of products or services from us, statutory rights or violations, and any offers made or rescinded, by us, and any other aspect of your relationship with MKG.
When you use our website, shop in our stores, or order by phone, you and we both agree to resolve all disputes according to this policy. That means,
Before any dispute is submitted to a formal procedure, we and you will attempt to resolve it through good faith negotiations. Even if you haven't been able to come to a satisfactory resolution with our stores or our customer service representatives, we require you to submit your dispute to our senior management in our main office. Negotiations may be started by written notice, telephone, or e-mail, addressed as follows:
Michael Kelly Guitar Co.
278B Duffy Avenue
Hicksville, NY 11801
Attention: Legal Department
In the very unlikely event that we can't reach a mutually satisfactory agreement through our informal discussions, either you or we may choose to resolve the Dispute through binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its applicable rules and procedures for consumer disputes (“Rules”), whether such Disputes arise in contract, tort, statute, or otherwise. US policy and the policies of many States, including California, New York, and New Jersey among others, favor settlement of disputes by arbitration rather than by use of courts.
The Rules can be obtained on the AAA website free of charge at www.adr.org. Either you or we may elect to resolve a particular Dispute through arbitration, even if one of us has already initiated litigation in court related to the Dispute, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court.
IF EITHER YOU OR WE ELECT TO RESOLVE A PARTICULAR DISPUTE THROUGH ARBITRATION, WE BOTH GIVE UP THE RIGHT TO GO TO COURT TO ASSERT OR DEFEND THE DISPUTE (EXCEPT FOR DISPUTES BROUGHT INDIVIDUALLY WITHIN SMALL CLAIMS COURT JURISDICTION, SO LONG AS THE DISPUTE REMAINS IN SMALL CLAIMS COURT). This Arbitration Agreement will be interpreted and enforced in accordance with the Federal Arbitration Act set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Disputes at issue. This Arbitration Agreement does not prevent you from submitting any issue relating to the Dispute for review or consideration by a federal, state, or local governmental agency or entity, nor does it prevent such agency or entity from seeking relief on your behalf.
FOR MORE DETAILS or if you have questions, you may call us at 516-686-4138. If you have questions about AAA procedures, you should check AAA’s website, www.adr.org.
Last updated: May 21, 2018
Doing business with our stores or your use of this Site signifies your acceptance of this Dispute Resolution Policy and Waiver of Class Actions.
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