Arbitration Agreement

1. Agreement to Arbitrate

You and OLLEVA OLLEVA Moto Auctions LLC agree to resolve any dispute, claim, or controversy arising from or relating to these Terms, the Platform, or any transaction through binding arbitration, rather than in court, except as set forth below.

You are giving up your right to have a trial by jury.

You are giving up your right to participate in a class action or representative action.

2. Covered Disputes

This arbitration agreement applies to all disputes, including but not limited to:

• Contract disputes regarding these Terms or any transaction
• Disputes regarding Platform fees, commissions, or charges
• Claims of fraud, misrepresentation, or breach of warranty
• Disputes between buyers and sellers
• Claims regarding Platform access, suspension, or termination
• Privacy and data protection claims
• Intellectual property disputes (subject to Section 4)
• Claims arising under federal, state, or local law

3. Arbitration Rules and Procedure

3.1 Administering Organization

Arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, or by JAMS under its Comprehensive Arbitration Rules, as mutually agreed by the parties. If neither organization is available, the parties shall mutually select an arbitrator.

3.2 Initiating Arbitration

To initiate arbitration, send written notice to: OLLEVA OLLEVA Moto Auctions LLC, Legal Department, [Address], or legal@ollevamotoauctions.com. The notice must describe the dispute and the relief sought.

3.3 Single Arbitrator

The arbitration shall be conducted by a single, neutral arbitrator. The arbitrator must be a retired judge or attorney with expertise in commercial or consumer disputes.

3.4 Location and Format

For claims under $25,000, the arbitration may be conducted: (1) based on documents submitted to the arbitrator; (2) through a telephonic or videoconference hearing; or (3) by an in-person hearing in the county where you reside or another mutually agreed location. For claims over $25,000, the arbitration format will be determined by the arbitrator.

3.5 Discovery

Discovery shall be limited to what is reasonably necessary to resolve the dispute, as determined by the arbitrator. The arbitrator may order depositions, document production, and interrogatories as appropriate.

3.6 Decision and Award

The arbitrator will issue a written decision stating the essential findings and conclusions. The decision is binding and final, except for limited appeal rights under the Federal Arbitration Act. Judgment on the award may be entered in any court of competent jurisdiction.

4. Exceptions to Arbitration

Notwithstanding the above, the following disputes are exempt from arbitration:

• Small Claims Court: Either party may bring an individual action in small claims court instead of arbitration, if the claim qualifies.
• Injunctive Relief: Either party may seek injunctive or other equitable relief in court to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or Terms violations.
• Federal Court Jurisdiction: Claims within the exclusive jurisdiction of federal courts (such as bankruptcy or certain IP matters) may be brought in federal court.

5. Class Action Waiver

YOU AND MOTO AUCTIONS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION.

The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative, class, or private attorney general proceeding. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party's individual claim.

If a court determines that the class action waiver is unenforceable as to any particular claim or request for relief, that claim or request must be severed from the arbitration and brought in court, while other claims remain in arbitration.

6. Costs and Fees

6.1 Arbitration Costs

Each party is responsible for its own attorneys' fees and costs, except as otherwise provided by applicable law or awarded by the arbitrator.

6.2 Filing Fees

For claims under $25,000, we will pay all arbitration filing fees. For claims over $25,000, filing fees are governed by the arbitration organization's rules. We will not seek reimbursement of our attorneys' fees unless the arbitrator determines your claim was frivolous.

6.3 Prevailing Party

If permitted by law, the arbitrator may award reasonable attorneys' fees and costs to the prevailing party.

7. Confidentiality

Arbitration proceedings are confidential. The parties agree to maintain the confidentiality of the arbitration, including testimony, documents, and the arbitrator's award, except as necessary to enforce or challenge the award, or as required by law.

8. Governing Law

This Arbitration Agreement and any arbitration proceedings are governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.), not state arbitration laws. Substantive law governing the dispute is set forth in the Terms of Service.

9. Severability

If any provision of this Arbitration Agreement is found to be unenforceable, the remaining provisions remain in effect, except that if the class action waiver is found unenforceable as to a particular claim, that claim (and only that claim) must be brought in court and severed from arbitration.

10. Survival

This Arbitration Agreement survives termination of your account or use of the Platform. It applies to claims arising before, during, or after your relationship with us.

11. Opt-Out Right (30 Days)

You have the right to opt out of this Arbitration Agreement by sending written notice within 30 days of first accepting these Terms. To opt out, send a signed written notice to:

Your notice must include: (1) your name; (2) your email address associated with your account; (3) a clear statement that you wish to opt out of the Arbitration Agreement. If you opt out, you and we will retain all other rights and obligations under the Terms.

Opting out of arbitration does not opt you out of the class action waiver. If you opt out, disputes will be resolved in court, but you still waive class action participation.

12. Future Changes

We may modify this Arbitration Agreement in accordance with the Terms of Service modification procedures. Changes apply to disputes arising after the effective date of the change. For existing disputes, the version in effect when the dispute arose governs.