Dispute Resolution Process

Thank you for being a customer at Ashley.com, the Ashley mobile app, or one of our retail stores.  As used in this Dispute Resolution Process, “we,” “us,” or “our” refers to Ashley Global Retail, LLC and/or Stoneledge Furniture, LLC. This Dispute Resolution Process governs any and all claims relating in any way to your purchase of any products or services sold or distributed by us, your interactions at our retail stores, the use of our Ashley.com website and our mobile apps, our Terms of Use, and our privacy policy and practices (each a “Claim” and collectively, the “Claims”).

You agree to resolve Claims through arbitration.

Scope of Arbitration

Any and all Claims will be resolved by binding arbitration, rather than in court, except that, as specified below, if a Claim is within the jurisdiction of a small claims court either you or us may choose to take the Claim to that court instead of arbitration. The Federal Arbitration Act (9 U.S.C. §§ 1-16) and federal arbitration law apply to and govern this Dispute Resolution Process relating to arbitration.

Informal Resolution

You and we agree that good faith informal efforts to resolve claims often can result in a prompt, low-cost and mutually beneficial outcome. Before initiating any arbitration, you must first send an individualized Notice of Dispute to Ashley Global Retail, Attn: Legal Department – Customer Dispute, 1670 E. 8th Avenue, Tampa, FL 33605. The Notice of Dispute must contain all of the information requested in the sample available here: Download Notice of Dispute Here. We will provide the same information if we have a dispute with you. This Notice of Dispute is a prerequisite to initiating any arbitration. A properly completed and served individualized Notice of Dispute shall toll the Limitations Period for sixty (60) days, during which the parties shall make a good faith effort to try to resolve the dispute, including conducting a telephonic or video conference to discuss the matter if either party so requests. 

Arbitration Forum and Fees

Upon the conclusion of the tolling period under the Informal Resolution procedure, including any extension thereof due to the Batch Arbitration procedure as applicable, a party may initiate an arbitration proceeding. To begin an arbitration proceeding, you must send a letter requesting arbitration, describing your Claim, to our registered agent Corporation Service Company. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. If the arbitrator finds that you cannot afford to pay your portion of any filing, administrative, hearing, or other arbitral forum fees and you cannot obtain a waiver of fees from the arbitral forum, we will pay them for you. Except as provided pursuant to any applicable offer of judgment law, neither party will recover attorneys’ fees and costs in arbitration unless the arbitrator determines the Claim was submitted for purposes of harassment or is frivolous. You may choose to have the arbitration conducted by telephone, by video conference, or in person in the county where you live or at another mutually agreed location.

Waiver of Jury Trial

You and we both understand that by agreeing to this binding arbitration provision, both are giving up their right to trial by jury of any Claim. There is no judge or jury in arbitration. Even if a Claim proceeds in court rather than in arbitration for any reason, you and we each waive any right to a jury trial.

Waiver of Class or Consolidated Actions

You and we each agree that any dispute resolution proceedings, including any arbitration, will be conducted only on an individual basis and not on a class, collective, consolidated, private attorney-general, or representative basis. Class-action lawsuits, class-wide arbitrations, private attorney-general actions, requests for public injunction, or any other representative proceeding or action are not allowed. A court will have exclusive authority to determine the validity or scope of this clause and, if necessary, to enjoin arbitrations in violation hereof. You and we also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Batch Arbitrations

To increase efficiency of resolution, in the event your arbitration involves Claims similar to those presented by at least 50 other customers represented by the same lawyers as you or lawyers who are or have coordinated, whether formally or informally, with yours (“Related Cases”), this provision governing batch arbitrations will apply.  Counsel for you and other customers and counsel for us shall each promptly select a number of cases, not to exceed twenty, among the Related Cases that shall be submitted and resolved in individual arbitrations (“the first batch”). The remaining cases among the Related Cases shall not be filed in arbitration until all of the cases in the first batch have been resolved. If the parties are unable to resolve the remaining cases after the conclusion of all of the cases in the first batch, each side may select a number of cases, not to exceed twenty, among the Related Cases that shall be submitted and resolved in individual arbitrations (“the second batch”). This batching process shall continue until the parties resolve all of the Related Cases, either through settlement or arbitration. If you are not permitted to submit your Claim to arbitration as a result of this Batch Arbitration provision, the Limitations Period shall remain tolled until the date on which you are permitted to submit your Claim hereunder. A court will have exclusive authority to enjoin the improper mass filing of arbitration demands against us or otherwise enforce compliance with the Dispute Resolution and Batch Arbitration provisions. You agree that in the event mass arbitrations are filed in contravention of this provision, injunctive relief is necessary and appropriate.     

Arbitrator’s Powers and Duties

The arbitrator will apply applicable law and the provisions of this Dispute Resolution Process, and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. Except as otherwise specified in this Dispute Resolution Process and agreement to arbitrate, the arbitrator has the same authority to award relief on an individual basis (including injunctive and declaratory relief or statutory damages) as a court of law. However, the arbitrator will not have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitration award shall be binding only among the parties thereto and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The arbitrator’s decision is final and binding on you and us. You understand and acknowledge that court review of an arbitration award is limited. 

Small Claims Court 

If a Claim is within the jurisdiction of a small claims court, either you or us may choose to take the Claim to that court instead of arbitration as follows: (a) a party may file the party’s Claims in small claims court without first filing in arbitration; (b) after a case is filed in arbitration, but before an arbitrator is formally appointed to the case by the arbitral forum, a party can send a written notice to the opposing party and the arbitral forum that the party wants the case decided by a small claims court. After receiving this notice, the arbitral forum will administratively close the case; or (c) after the arbitrator is appointed, if a party wants to take the case to small claims court and notifies the opposing party and the arbitral forum, it is up to the arbitrator to determine if the case should be decided in arbitration or if the arbitration case should be closed and the dispute decided in small claims court. 

Severability

If any provision of the agreement to arbitrate is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced; provided, however, that if (a) the provision above prohibiting class-wide, collective, consolidated, private attorney-general, or other group arbitration is deemed invalid as to any Claim by you, then this entire arbitration agreement shall be null and void and shall not apply to that dispute, which shall be resolved in a judicial proceeding in federal or state court of competent jurisdiction or, as applicable, a small claims court; or (b) if the bar on requests for a public injunction is deemed unenforceable for any reason, then the public injunctive relief Claim will be decided by a court and the parties will ask the court to stay that Claim until the other Claims have been finally concluded in an individual arbitration.

YOU AND WE UNDERSTAND AND AGREE THAT, BECAUSE OF THIS PROVISION, NEITHER YOU NOR US WILL HAVE THE RIGHT TO GO TO COURT EXCEPT AS PROVIDED ABOVE OR TO HAVE A JURY TRIAL OR TO PARTICIPATE AS ANY MEMBER OF A CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM.

Governing Law

All matters relating to your purchase of any products or services sold or distributed by us, your interactions at our retail stores, the use of our Ashley.com website and our mobile apps, our Terms of Use, and our privacy policy and practices, and any dispute or Claim arising therefrom or related thereto, shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any conflict of laws principles.  

Waivers and Limitations

Regardless of any statute or law to the contrary, all Claims must commence within one (1) year after such Claim arose or be forever barred.