Judicial Structure and Conflict Resolution Initial Conflict Resolution Procedure

In case of a dispute, both CKIT and Cosmo Kittania, along with the user, will first seek to resolve the issue through informal means such as dialogue or mediation, striving for an agreeable resolution before considering legal action.

Mandatory Arbitration Clause: Should these informal attempts fail within a 60-day period from the onset of the dispute, both parties agree to engage in binding arbitration. The decision reached in arbitration will be conclusive and binding, and all parties forfeit the right to a jury or bench trial in court for these disputes. Additionally, disputes should be handled individually and not as part of any group or class action. Claims involving multiple customers will not be grouped or combined.

Extent of Compulsory Arbitration: Any claim not within the purview of a small claims court will fall under compulsory arbitration as outlined. This applies to both the user and CKIT and Cosmo Kittania, including affiliates, employees, agents, and representatives. Prior to initiating arbitration, the aggrieved party must provide a Notice of Dispute, detailing the nature of the claim and the desired resolution.

Exceptions and Small Claims Court Accessibility: Despite the above, either party may opt for small claims court if the dispute is within its jurisdiction. This arbitration agreement does not limit either party from seeking injunctive relief in cases of infringement or potential infringement of intellectual property rights. Decisions from small claims courts, as well as arbitration outcomes, are final, binding, and confidential. However, any claims against CKIT and Cosmo Kittania should not exceed the total amount the user has paid for our services or products.