1. Introduction

Please read this Section carefully, it affects your rights. This Section applies solely to the extent applicable in your jurisdiction.

(a) Applicable Law and statute of limitations waiver. These Terms and any dispute that may arise between you and 3M shall be governed by and construed in accordance with the laws of the State of Minnesota, United States of America, excluding its rules regarding conflicts of law, and if applicable, the Federal Arbitration Act, and other applicable U.S. federal law. You agree that any claim or dispute you may have against 3M must be resolved exclusively in the courts located in Ramsey County, Minnesota, except as otherwise agreed by the parties or as described in the Arbitration subsection below. The preceding provision regarding venue does not apply if you are located in the European Union as you may make a claim in the courts of the member state where you reside. You agree to submit to the personal jurisdiction of these courts for the purpose of litigating all such claims or disputes. You hereby waive any and all rights to bring any claim or action related to any matters under these Terms in any forum beyond one (1) year after the first occurrence of the kind of act, event, condition or omission upon which the claim or action is based.

(b) Dispute Resolution. Before either party may seek arbitration or a court proceeding as provided below, the party must first send to the other party a written notice of dispute (“Notice") describing the nature and basis of the claim or dispute, and the requested relief. After the Notice is received, you and 3M may attempt to resolve the claim or dispute informally. If you and 3M do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding as provided below.

(c) Arbitration. You agree that 3M may elect to resolve any dispute, controversy, or claim arising out of, relating to, or in connection with these Terms and/or the Site, including with respect to the formation, applicability, breach, termination, validity or enforceability thereof, through binding arbitration. Arbitration expressly excludes claims for injunctive or other equitable relief.

In the event 3M elects arbitration, you hereby agree to move any claims to the exclusive jurisdiction of an arbitration procedure, which shall be initiated through the American Arbitration Association (“AAA”) if you are located in the United Sates of America or Canada, and the International Chamber of Commerce if you are located outside of the U.S.A or Canada. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the AAA or the Rules of Arbitration of the ICC, as applicable. For disputes raised within the U.S.A., the primary seat of arbitration shall be Ramsey County, Minnesota, U.S.A., unless both parties agree to a different venue. The costs of the arbitration, including the parties’ reasonable legal fees, shall in principle be borne by the unsuccessful party or parties. However, the arbitral tribunal may apportion such costs between the parties if it determines that apportionment is reasonable, considering the circumstances of the case. The arbitration award shall be final and binding on the parties, and the parties undertake to carry out any award without delay. Judgment upon the award may be entered by any court having jurisdiction of the award or having jurisdiction over the relevant party or its assets.

The parties agree that the arbitration shall be kept confidential. The existence of the arbitration, any non-public information provided in the arbitration, and any submissions, orders or awards made in the arbitration (together, the “Confidential Information”) shall not be disclosed to any non-party except the arbitrator(s), the AAA or ICC as applicable, the parties, their counsel, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other person necessary to the conduct of the arbitration. Notwithstanding the foregoing, a party may disclose Confidential Information to the extent that disclosure may be required to fulfil a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision survives termination of these Terms and of any arbitration brought pursuant to these Terms. The arbitrator(s) shall have no authority to certify a class action; add any parties; vary or ignore the provisions of these Terms, and shall be bound by governing and applicable law. The arbitrator(s) shall be willing to execute an oath of neutrality. The arbitrator(s) shall render a written opinion setting forth all material facts and the basis of their decision within sixty (60) days of the conclusion of the arbitration proceeding.

You have the right to opt-out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 3M Legal Affairs, 3M Center, 220-9E-01, St. Paul, Minnesota, 55144-1000, United States of America, postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement. Your decision to opt-out of this arbitration provision will have no adverse effect on your relationship with 3M. Any opt-out request received after the opt-out deadline will not be valid and you must pursue your dispute in arbitration or small claims court.

(e) Waiver of Jury Trial. YOU HEREBY WAIVE YOUR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY. In the event any litigation should arise between you and 3M in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

(f) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.