17. DISPUTE RESOLUTION
Coca‑Cola would appreciate the opportunity to solve any issue about the Services with you directly. If you would like to bring a matter to our attention, please contact us at https://www.coca-colacompany.com/about-us/contact-us.
You agree to resolve disputes, claims and causes of action arising out of or connected with your use of the Services (each, a Dispute) as set forth in this Section 17. Subject to the jurisdiction specific provisions below, these Terms and your use of the Services are governed by the laws of the State of Georgia, U.S.A., without regard to its choice of law provisions.
The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THE CAUSE OF ACTION IS PERMANENTLY BARRED.
For Canadian Consumers: You and Coca‑Cola agree that these Terms are governed by and construed in accordance with the laws of the province of Ontario and the laws of Canada applicable therein. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the provincial or federal courts located in Toronto, Ontario, and you hereby consent and submit to the exclusive personal jurisdiction of such courts for the purposes of litigating any such action.
For EU Consumers: If you are an EU resident, you may bring a claim to enforce your consumer protection rights in connection with these Terms in the EU Member State in which you reside. Also, the European Commission provides for an online dispute resolution platform that you can access here: https://ec.europa.eu/consumers/odr. More information about your rights as a consumer is available here.
For Italian Consumers: Any dispute between you and us relating to these Terms will only be dealt with by the courts of the place in which you are domiciled or resident. You may also apply for an out-of-court mechanism to solve any dispute relating to these Terms (in accordance with Sections 141 – 141 decies of the Italian Consumers’ Code, 6 September 2005 no. 206). For example, you may utilise or consult the European Online Dispute Resolution platform referred to above.
For U.K. consumers: These Terms and their subject matter are governed by and construed in accordance with the laws of England & Wales. You and we both agree that the courts of England and Wales will have exclusive jurisdiction (except that if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.)
For U.S. Consumers: Choice of Arbitrator and Rules. A Dispute must be submitted exclusively to the American Arbitration Association (AAA) to be heard under their Consumer Arbitration Rules. If for any reason, AAA is unable or unwilling to conduct the arbitration consistent with these terms, you and we will pick another arbitrator pursuant to 9 U.S. Code § 5.
Mandatory (Individual) Arbitration. You agree that any Dispute between us shall be resolved exclusively in individual (non-class) arbitration. The parties intend to be bound to the Federal Arbitration Act, 9 U.S.C. § 1 et seq. An arbitration means there will be no jury, and no judge.
Scope of Arbitration. The arbitrator shall exclusively determine all issues as to the Dispute, applying these Terms. The arbitrator shall also determine any question as to whether any Dispute or issue is subject to arbitration. The arbitrator shall not have the power to hear any Dispute as a class action, mass action, or representative action. The arbitrator shall not have any power to issue relief to anyone but you or us.
Exception to Arbitration (Small Claims Court). Disputes that can be fully resolved in small claims court need not be submitted to arbitration.
Choice of Venue (Fulton County, Georgia). You agree that any Disputes shall be heard exclusively in Fulton County, Georgia unless otherwise agreed to by the Parties or determined by the arbitrator. You consent to jurisdiction in the State of Georgia for all purposes.
Choice of Law (Georgia). These Terms and your use of the Services are governed by the laws of the State of Georgia, U.S.A., without regard to its choice of law provisions. However, any determination as to whether a Dispute is subject to arbitration, or as to the conduct of the arbitration, shall be governed exclusively by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.
Remedies Available in Arbitration. The arbitrator may grant any remedy, relief or outcome that the parties could have received in court, including awards of attorney’s fees and costs, in accordance with the law(s) that applies to the case, except injunctive relief.
Injunctive Relief. The arbitrator may not issue any injunction. If either party in a Dispute seeks injunctive relief, the arbitrator will complete arbitration of the Dispute, issue an award of monetary compensation (if any), and then the party seeking injunctive relief may file a new action in state or federal court in Fulton County, Georgia, solely for injunctive relief. The findings of fact and conclusions of law of the arbitrator shall not be submitted as evidence or constitute precedent in this subsequent suit.
CLASS ACTION WAIVER Where permitted by applicable law and in the United States, Coca‑Cola and you each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. We each waive any right to a jury trial.