In the basement of Cape House has bloomed a trippy neon-drenched space.
A flower glows in Bushwick.
At the very end of the warehouse-lined triangle of streets off Flushing Avenue is Rose Gold, a newly-blossomed underground cocktail lounge where the popular venue 96 Morgan died a year ago.
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Important: section 13 says that you and we will resolve most disputes by individual arbitration, not in court, and that neither of us may bring a class action. You can opt out of arbitration within 30 days, as section 13.7 explains.
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Before either of us starts an arbitration or a court case (other than a case in small-claims court, or a request to a court for an urgent order to stop intellectual-property infringement under section 13.3), the one with the claim sends the other a written notice that gives the claimant’s name, the email address on the membership, a description of the claim, and the relief wanted. You send yours to [email protected]; we send ours to the email address on your membership. We then both try in good faith to resolve the claim for 45 days. If a deadline for bringing the claim would pass during those 45 days, the claimant may start the arbitration or case to preserve the claim, and it is paused until the 45 days end.
You and we agree to resolve by binding individual arbitration any dispute, claim or controversy between you and us that arises out of or relates to these terms, your membership, our charges, members-only stories, or our communications with you about your membership, whether it is based on contract, statute, tort or any other legal theory. Section 13 continues after your membership ends.
You and we may bring claims against each other only individually, and not as a plaintiff or class member in any class, collective, consolidated or representative action or arbitration. The arbitrator may not combine more than one person’s claims or preside over any class, collective or representative proceeding, except that the AAA may assign several individual cases to one arbitrator as its rules allow, with each case decided on its own. If a court decides that this section 13.5 cannot be enforced as to a particular claim or form of relief, that claim or relief, and only that, is removed from arbitration and goes to court under section 14, where it is paused until the arbitration of the individual claims ends. It never goes to class arbitration.
An arbitration has no judge or jury. If a claim goes to court instead, you and we each waive a jury trial, unless the law of the place where the court sits does not allow a jury waiver that was agreed before the dispute arose.
You can opt out of arbitration within 30 days after the day you first agree to these terms. Email [email protected] with the subject “Arbitration opt-out”, your name, the email address on your membership, and a statement that you opt out of arbitration. If you opt out, sections 13.2 to 13.5 and 13.8 do not apply to you, and claims between you and us go to court under section 14; sections 13.1 and 13.6 still apply. Opting out does not affect any other part of these terms or your membership. If you opted out of an earlier version of section 13, that opt-out still applies.
If 25 or more similar demands for arbitration are filed against us, or by us, by or with the help of the same or coordinated lawyers, the AAA’s Mass Arbitration Supplementary Rules apply to them, as those rules provide. Each claimant must still have sent their own notice under section 13.1.
If we change section 13 after you agree to it, the change does not apply to a claim that either of us had notice of before the change took effect. You may reject a change to section 13 by emailing us within 30 days after we notify you of it; the version of section 13 you last agreed to then continues to apply to you.
New York law governs these terms and any claim between you and us, without regard to its conflict-of-law rules, except that the Federal Arbitration Act governs section 13. This choice of law does not take away any protection that the consumer laws of the state where you live give you and that a contract cannot waive.
A claim that is not arbitrated must be brought in the state courts in Kings County, New York, or in the United States District Court for the Eastern District of New York, and you and we agree to the personal jurisdiction of those courts. There are two exceptions: either of us may use the small-claims court for the county where you live, and you may bring an individual claim in a court where you live if the law of your state gives you that right and a contract cannot take it away.
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