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RenuviaRX

Arbitration Agreement

Last Updated: May 2026

This Arbitration Agreement is incorporated by reference into the Terms of Service and applies to your use of the Sites and Services.

Plain-English summary (for convenience only, not part of this Agreement)

  • Most disputes between you and Renuvia must be resolved through private, individual arbitration. They do not go to court, and they cannot proceed as a class action.
  • You and Renuvia each give up the right to a jury trial.
  • You and Renuvia each give up the right to participate in any class, collective, or representative action.
  • You can opt out of arbitration within 30 days of first accepting the Terms of Service by emailing legal@renuviarx.com or by writing to the address below.
  • For non-frivolous individual claims above small-claims limits, Renuvia pays most arbitration filing and administrative fees.
  • You can still bring an individual case in small-claims court if it qualifies.

Governing Law

This Arbitration Agreement, the Terms of Service, and any dispute, claim, or controversy arising out of or relating to the Terms, the Sites, the Services, or the relationship between you and Renuvia (each, a "Dispute") shall be governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. The Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) governs the interpretation and enforceability of this Arbitration Agreement.

Informal Resolution First

Before initiating arbitration, you and Renuvia agree to attempt to resolve any Dispute informally for at least sixty (60) days after written notice. Your notice must be sent to legal@renuviarx.com and to Renuvia Customer Service, 1309 Coffeen Avenue, Sheridan, WY 82801 (Attn: Legal, Notice of Dispute), and must include your name, contact information, a description of the Dispute, and the relief requested. Renuvia's notice to you will be sent to the email or mailing address on your account. Completion of this 60-day period is a condition precedent to filing arbitration. The statute of limitations and any other filing deadline shall be tolled during this period.

Binding Individual Arbitration

Except for the narrow carve-outs described below, any Dispute shall be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association ("AAA") in New York, NY, under the AAA's Consumer Arbitration Rules then in effect (the "AAA Rules"). A single arbitrator shall conduct the arbitration. Hearings may be conducted by telephone or video at your election, or in person in your home county or in New York, NY. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction.

Delegation to the Arbitrator

The arbitrator (and not any federal, state, or local court or agency) shall have exclusive authority to resolve all threshold questions concerning the existence, scope, applicability, interpretation, enforceability, unconscionability, waiver, formation, or validity of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The sole exception is the class, collective, and representative-action waiver below, the enforceability of which a court may decide.

Narrow Carve-Outs From Arbitration

The following, and only the following, are excluded from mandatory arbitration:

  1. Claims by either party to enforce or protect intellectual-property rights, including, without limitation, copyright, trademark, trade-secret, or patent claims, which may be brought in the state or federal courts located in New York, NY; and
  2. An application by either party to a court of competent jurisdiction for provisional or interim relief (such as a temporary restraining order or preliminary injunction) solely in aid of an arbitration that is pending or about to be filed, with the merits of the underlying Dispute to be decided by the arbitrator.

Any other request for injunctive, declaratory, or other equitable relief, including any such request asserted on behalf of a class, the general public, or any other person, must be brought in arbitration on an individual basis.

Class, Collective, and Representative-Action Waiver

You and Renuvia each agree that any Dispute shall be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, mass, private-attorney-general, or other representative proceeding. The arbitrator may award relief (monetary, declaratory, or injunctive) only in favor of the individual party seeking relief, and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class, collective, or representative proceeding.

Non-Severability of the Class-Action Waiver (Poison Pill)

The class, collective, and representative-action waiver above is a material and non-severable component of this Arbitration Agreement. If a court or arbitrator of competent jurisdiction finds the class-action waiver unenforceable as to any specific claim or any specific request for relief, then (i) that claim or request for relief, and only that claim or request, shall be severed from this Arbitration Agreement and shall proceed in the state or federal courts located in New York, NY on an individual basis, and (ii) all other Disputes shall continue to be resolved in individual arbitration. Class-wide, collective, mass, or representative arbitration is not permitted under any circumstance.

Mass-Arbitration Protocol

If twenty-five (25) or more substantially similar arbitration demands are filed against Renuvia by or with the coordination of the same law firm or coordinated group of counsel within any ninety (90)-day window (a "Mass Filing"), the following procedures apply, the AAA Rules notwithstanding:

  • The demands shall be grouped into staged batches of up to fifty (50) cases each ("Batches"). The parties shall jointly select up to ten (10) bellwether cases from each Batch (five (5) chosen by claimants' counsel and five (5) chosen by Renuvia), and only those bellwether cases shall proceed to arbitration in the first stage of that Batch.
  • Filing, administrative, case-management, and arbitrator fees shall be paid only for the bellwether cases in the active Batch. Fees for the remaining cases in the Mass Filing are deferred and shall not be invoiced to or owed by either party until that Batch's bellwether stage is complete.
  • After the bellwether arbitrations in a Batch conclude, the parties shall participate in a single global mediation session before any further cases in the Mass Filing proceed to arbitration.
  • Statutes of limitation and other filing deadlines shall be tolled for all non-bellwether claimants in the Mass Filing during the staged process.
  • If a court or arbitrator of competent jurisdiction finds this Mass-Arbitration Protocol unenforceable in whole or in part, the affected claims shall proceed in the state or federal courts located in New York, NY on an individual (non-class, non-consolidated) basis.

Costs and Fees

For an individual Dispute seeking $25,000 or less in damages, Renuvia will pay all AAA filing, administrative, and arbitrator fees in excess of the amount you would have paid to file the same claim in the state court of your county of residence, provided your claim is not frivolous (as measured by the standard in Federal Rule of Civil Procedure 11(b)). For Disputes seeking more than $25,000, fees shall be allocated under the AAA Rules. Each party shall bear its own attorneys' fees and costs, except where a statute, contract, or the arbitrator's award provides otherwise.

Small-Claims Option

As an alternative to arbitration, either party may bring an individual Dispute in a small-claims court of competent jurisdiction, so long as the matter remains in that court and is brought only on an individual (non-class, non-representative) basis.

30-Day Right to Opt Out of Arbitration

You may opt out of this Arbitration Agreement by sending written notice within thirty (30) days after you first accept the Terms of Service. To opt out:

  • Email legal@renuviarx.com with the subject line "Arbitration Opt-Out," or
  • Mail a signed letter to Renuvia Customer Service, 1309 Coffeen Avenue, Sheridan, WY 82801, Attn: Legal, Arbitration Opt-Out.

Your notice must include your full name, the email address associated with your account, your mailing address, and a clear statement that you wish to opt out of the Arbitration Agreement. Opting out will not affect any other provision of the Terms of Service, your right to use the Sites or Services, or any other agreement between you and Renuvia. If you opt out, any Dispute shall be resolved exclusively in the state or federal courts located in New York, NY, and each party irrevocably consents to that exclusive venue and personal jurisdiction.

Jury-Trial Waiver

If for any reason a Dispute proceeds in court rather than in arbitration, you and Renuvia each knowingly, voluntarily, and irrevocably waive any right to a trial by jury.

Changes to This Agreement

Renuvia may amend this Arbitration Agreement by posting the amended terms on the Sites. However, no such amendment shall apply to a Dispute for which a written Notice of Dispute was provided to Renuvia before the amendment's effective date.

Survival and Severability

This Arbitration Agreement survives termination of the Terms of Service and the end of your relationship with Renuvia. Except for the non-severable class-action waiver above (which is governed by the Non-Severability paragraph), if any portion of this Arbitration Agreement is held invalid or unenforceable, the remaining portions shall remain in full force and effect.

Contact

Questions about this Arbitration Agreement may be sent to legal@renuviarx.com or to Renuvia Customer Service, 1309 Coffeen Avenue, Sheridan, WY 82801.