Arbitration Agreement sections
Agreement to arbitrate
By accessing or using Rufkey, you and Rufkey agree that any dispute, claim, or controversy arising out of or relating to these Terms of Service, the Privacy Policy, or your use of the marketplace will be resolved by binding individual arbitration rather than in court. This includes any dispute over the formation, interpretation, applicability, or enforceability of this arbitration agreement. You and Rufkey each waive the right to participate in a class action or class-wide arbitration.
Scope of covered claims
This arbitration agreement covers all claims between you and Rufkey, including but not limited to claims arising from listings, transactions, communications between users, fees, account actions, intellectual property, advertising, and any alleged violation of federal, state, or local law. The only claims not covered are those that may be brought in small claims court, intellectual property claims that Rufkey elects to litigate in court, and requests for injunctive or equitable relief. All other disputes must be arbitrated.
Governing law — Mississippi
This arbitration agreement and any arbitration conducted under it are governed by the laws of the State of Mississippi, without regard to its conflict-of-law principles. The Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) governs the enforceability of this agreement to arbitrate. The substantive Mississippi law applicable to your dispute will apply in the arbitration. Rufkey's principal place of business is in Mississippi, and Mississippi law governs the interpretation and enforcement of this agreement.
Jurisdiction and venue — Mississippi
You and Rufkey agree that any arbitration under this agreement will be conducted in the State of Mississippi. To the extent any claim is excluded from arbitration and must be litigated in court, you and Rufkey consent to the exclusive jurisdiction and venue of the state and federal courts located in Mississippi for the resolution of such claims. You waive any objection to jurisdiction or venue in Mississippi, including any objection based on inconvenient forum (forum non conveniens).
Arbitrator selection
The arbitration will be administered by a single arbitrator selected under the rules of the American Arbitration Association (AAA) or another arbitration provider mutually agreed to by you and Rufkey. If the AAA is used, the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (where applicable) will govern. The arbitrator must be a licensed attorney admitted to practice in Mississippi or otherwise qualified under the chosen provider's rules. If you and Rufkey cannot agree on an arbitrator, the chosen provider will appoint one under its rules.
Waiver of class arbitration
You and Rufkey agree that each party may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. Any dispute that all or part of this class-action waiver is unenforceable will be decided by a court in Mississippi, not the arbitrator.
Severability
If any provision of this arbitration agreement is found to be unenforceable or invalid by a court of competent jurisdiction in Mississippi or by an arbitrator, that provision will be severed and the remaining provisions will remain in full force and effect. If the class-action waiver is found to be unenforceable, the entire arbitration agreement will be null and void, and any dispute will be litigated in the courts of Mississippi.
