Binding Arbitration

If the Parties are unable to resolve a dispute through informal negotiation, the dispute (excluding those specifically mentioned below) will be resolved exclusively by binding arbitration.

YOU ACKNOWLEDGE THAT WITHOUT THIS CLAUSE, YOU WOULD HAVE THE RIGHT TO FILE A LAWSUIT IN COURT AND HAVE A JURY TRIAL.

The arbitration will be initiated and conducted according to the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where applicable, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“American Arbitration Association Consumer Rules”), which are available on the American Arbitration Association website at www.adr.org. Your responsibility for arbitration fees and your portion of the arbitrator’s compensation will be regulated by the AAA Consumer Rules, and, where applicable, subject to any limitations set forth by those rules.. The arbitration may take place in person, via document submission, by phone, or online. The arbitrator will issue a written decision but is not required to provide an explanation unless requested by either Party. The arbitrator is required to follow the applicable law, and any award may be contested if the arbitrator fails to do so. Except as specified herein, the Parties have the right to initiate legal action to enforce arbitration, pause proceedings during arbitration, or to seek confirmation, modification, vacating, or enforcement of the arbitrator’s decision.

The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) do not apply to these Terms of Use.

If this provision is deemed illegal or unenforceable, neither Party will be required to arbitrate any dispute deemed illegal or unenforceable. That dispute will be resolved in a court of competent jurisdiction as specified above, and the Parties agree to submit to the personal jurisdiction of that court.

Restriction

The Parties agree that any arbitration will be limited to resolving the Dispute between the Parties on an individual basis. To the fullest extent allowed by law, (a) no arbitration shall be combined with any other proceeding; (b) there is no right or authority to arbitrate any Dispute as part of a class action or to use class action procedures; and (c) there is no right or authority to bring any Dispute in a representative capacity on behalf of the public or any other individuals.

Exceptions to Arbitration

The Parties acknowledge that the following Disputes are not subject to the arbitration provisions above: (a) any Disputes aimed at enforcing or protecting, or concerning the validity of, any intellectual property rights of a Party; (b) any Dispute involving accusations of theft, piracy, invasion of privacy, or unauthorized usage; and (c) any request for injunctive relief. If any portion of this provision is deemed illegal or unenforceable, the Parties agree that such Dispute will not be subject to arbitration, and instead, it will be resolved by a court of competent jurisdiction as specified above. The Parties consent to the jurisdiction of that court.

EACH PARTY EXPRESSLY AND IRREVOCABLY WAIVES ANY RIGHT TO A JURY TRIAL, TO THE EXTENT PERMITTED BY LAW, FOR ANY CLAIM, DEMAND, ACTION, OR CAUSE OF ACTION ARISING UNDER THIS AGREEMENT, WHETHER PRESENT OR FUTURE, AND WHETHER ARISING IN CONTRACT, TORT, OR OTHERWISE. EACH PARTY FURTHER AGREES THAT SUCH CLAIMS SHALL BE DECIDED BY A COURT WITHOUT A JURY, AND THAT A PARTY MAY PRESENT AN ORIGINAL OR COPY OF THIS AGREEMENT TO ANY COURT AS EVIDENCE OF THE PARTIES’ CONSENT TO WAIVE THEIR RIGHT TO A JURY TRIAL.