Common use of Dispute Resolution; Arbitration Clause in Contracts

Dispute Resolution; Arbitration. This Service Agreement requires binding arbitration if there is an unresolved dispute between You and Us concerning this Service Agreement (including the Cost of, lack of or actual repair or replacement arising from a Breakdown). Under this Arbitration provision, You give up Your right to resolve any dispute arising from this Service Agreement by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations. Any dispute on the application of this arbitration provision will be made by the local court of law in the county and state where You live. Notwithstanding this arbitration provision, You are not prohibited from bringing an action in Small Claims Court to resolve Your dispute. The Consumer Arbitration Rules of the American Arbitration Association (xxx.xxx.xxx) will apply to any arbitration under this Service Agreement. To start arbitration, either You or We must make a written demand to the other party for arbitration. You may make written demand directly to Us at [000 Xxxx Xxxxxxx Xxxx., Chicago, IL 60604, Attn: Law Department]. This demand must be made within one year of the earlier of: I. The date the Breakdown occurred or the date the dispute arose, or II. The applicable statute of limitations period if that period is longer. One mutually agreed upon arbitrator will be identified. We will advance to You all or part of the fees of the AAA and of the arbitrator. The arbitrator may otherwise allocate these fees. Unless otherwise agreed to by You and Us, the arbitration will take place in the county and state in which You live. The procedural rules for arbitration shall be governed by the Federal Arbitration Act (9 U.S.C.A. § 1 et. seq.) and not by any state law concerning arbitration. The laws of the state of Illinois (without giving effect to its conflict of law principles) govern all substantive matters arising out of or relating to this Service Agreement and all transactions contemplated by this Service Agreement, including, without limitation, the validity, interpretation, construction, performance and enforcement of this Service Agreement. In the event either party files a claim(s) against the other, resulting in a ruling that a portion of this Service Agreement is unenforceable, the portion of this Service Agreement that has been ruled to be unenforceable shall be severed, and the remaining provisions shall be enforced. However, if the portion of the Service Agreement that was ruled to be unenforceable is or includes the above waiver of class action rights, then this Service Agreement shall be unenforceable in its entirety.

Dispute Resolution; Arbitration. This Service Agreement requires binding arbitration if there is an unresolved dispute between You and Us concerning this Service Agreement (including the Cost of, lack of or actual repair or replacement arising from a Breakdown). Under this Arbitration provision, You give up Your right to resolve any dispute arising from this Service Agreement by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations. Any dispute on the application of this arbitration provision will be made by the local court of law in the county and state where You live. Notwithstanding this arbitration provision, You are not prohibited from bringing an action in Small Claims Court to resolve Your dispute. The Consumer Arbitration Rules of the American Arbitration Association (xxx.xxx.xxx) will apply to any arbitration under this Service Agreement. To start arbitration, either You or We must make a written demand to the other party for arbitration. You may make written demand directly to Us at [000 Xxxx Xxxxxxx Xxxx., Chicago, IL 60604, Attn: Law Department]. This demand must be made within one year of the earlier of: I. The date the Breakdown occurred or the date the dispute arose, or II. The applicable statute of limitations period if that period is longer. One mutually agreed upon arbitrator will be identified. We will advance to You all or part of the fees of the AAA and of the arbitrator. The arbitrator may otherwise allocate these fees. Unless otherwise agreed to by You and Us, the arbitration will take place in the county and state in which You live. The procedural rules for arbitration shall be governed by the Federal Arbitration Act (9 U.S.C.A. § 1 et. seq.) and not by any state law concerning arbitration. The laws of the state of Illinois (without giving effect to its conflict of law principles) govern all substantive matters arising out of or relating to this Service Agreement and all transactions contemplated by this Service Agreement, including, without limitation, the validity, interpretation, construction, performance and enforcement of this Service Agreement. In the event either party files a claim(s) against the other, resulting in a ruling that a portion of this Service Agreement is unenforceable, the portion of this Service Agreement that has been ruled to be unenforceable shall be severed, and the remaining provisions shall be enforced. However, if the portion of the Service Agreement that was ruled to be unenforceable is or includes the above waiver of class action rights, then this Service Agreement shall be unenforceable in its entirety.

Dispute Resolution; Arbitration. This Service Agreement Contract requires binding arbitration if there is an unresolved dispute between You and Us concerning this Service Agreement Contract (including the Cost of, lack of or actual repair or replacement arising from a Breakdown). Under this Arbitration provision, You give up Your right to resolve any dispute arising from this Service Agreement Contract by a judge and/or a jury. You also agree not to participate as a class representative or class member Customer in any class action litigation, any class arbitration or any consolidation of individual arbitrations. In arbitration, a group of three arbitrators (each of whom is an independent, neutral third party) will give a decision after hearing Your and Our positions. The decision of a majority of the arbitrators will determine the outcome of the arbitration and the decision of the arbitrators shall be final and binding and cannot be reviewed or changed by, or appealed to, a court of law. Any dispute on the application of this arbitration provision will be made by the local court of law in the county and state where You live. Notwithstanding this arbitration provision, You are not prohibited from bringing an action in Small Claims Court to resolve Your dispute. The Consumer Arbitration Rules of the American Arbitration Association (xxx.xxx.xxx) will apply to any arbitration under this Service AgreementContract. To start arbitration, either You or We must make a written demand to the other party for arbitration. You may make written demand directly to Us at [000 Xxxx Xxxxxxx Xxxx., Chicago, IL 60604, Attn: Law Department]. This demand must be made within one (1) year of the earlier of: I. The of the date the Breakdown occurred or the date dispute arose or the dispute arose, or II. The applicable statute of limitations period if that period period, whichever is longer. One mutually agreed upon arbitrator will be identified. You and We will advance to You all or part of the fees of the AAA and of the each separately select an arbitrator. The two arbitrators will select a third arbitrator may otherwise allocate these feescalled an “umpire.” All costs and expenses of the arbitration will be shared equally by You and Us. Unless otherwise agreed to by You and Us, the arbitration will take place in the county and state in which You live. The procedural rules for arbitration shall be governed by the Federal Arbitration Act (9 U.S.C.A. § 1 et. seq.) and not by any state law concerning arbitration. The laws of the state of Illinois (without giving effect to its conflict of law principles) govern all substantive matters arising out of or relating to this Service Agreement Contract and all transactions contemplated by this Service AgreementContract, including, without limitation, the validity, interpretation, construction, performance and enforcement of this Service Agreement. In the event either party files a claim(s) against the other, resulting in a ruling that a portion of this Service Agreement is unenforceable, the portion of this Service Agreement that has been ruled to be unenforceable shall be severed, and the remaining provisions shall be enforced. However, if the portion of the Service Agreement that was ruled to be unenforceable is or includes the above waiver of class action rights, then this Service Agreement shall be unenforceable in its entiretyContract.

Dispute Resolution; Arbitration. This Service Agreement requires binding arbitration if there is an unresolved dispute between You and Us concerning this Service Agreement (including the Cost of, lack of or actual repair or replacement arising from a Breakdown). Under this Arbitration provision, You give up Your right The parties shall use good faith negotiation to resolve any dispute arising from that may arise under this Service Agreement Agreement. In the event the parties cannot reach agreement on any issue, such issue will be settled by binding arbitration before a judge and/or a jury. You also agree not to participate as a class representative or class member single arbitrator in accordance with the Rules of Procedure for Arbitration of the American Health Lawyers Association (AHLA) Alternative Dispute Resolution Service, and judgment upon the award rendered by the arbitrator may be entered in any class action litigation, any class court having jurisdiction thereof. Such arbitration or any consolidation of individual arbitrations. Any dispute on shall occur in the application of city where Practice is located within sixty (60) days after this arbitration provision will clause is triggered by one party providing the other parties written notice of arbitration. The arbitrator shall be made chosen in accordance with the rules of the AHLA Alternative Dispute Resolution Service then in effect. If the AHLA Alternative Dispute Resolution Service is no longer in effect, then the arbitration shall be conducted as set out above by the local court of law American Arbitration Association in accordance with the county and state where You live. Notwithstanding this arbitration provision, You are not prohibited from bringing an action in Small Claims Court to resolve Your dispute. The Consumer Arbitration Commercial Rules of the American Arbitration Association (xxx.xxx.xxx) will apply to any arbitration under this Service Agreement. To start arbitration, either You or We must make a written demand to the other party for arbitration. You may make written demand directly to Us at [000 Xxxx Xxxxxxx Xxxx., Chicago, IL 60604, Attn: Law Department]. This demand must be made within one year of the earlier of: I. The date the Breakdown occurred or the date the dispute arose, or II. The applicable statute of limitations period if that period is longer. One mutually agreed upon arbitrator will be identified. We will advance to You all or part of the fees of the AAA and of the arbitratorthen in effect. The arbitrator may otherwise allocate these feesin any such proceeding award attorneys’ fees and costs to the prevailing party. Unless otherwise agreed Manager and Practice shall share the costs of the arbitrator equally between them. Each party shall bear its own expenses of preparation for and participation in arbitration. The statute of limitations applicable to by You any claim shall be determined as if such claim were being asserted in a state court in the State, for all state law claims, and Usin a federal court in the State, for all federal law claims, and such statute of limitations shall apply to preclude arbitration of any claim hereunder not brought within the applicable limitation period. Notwithstanding anything herein to the contrary, the arbitration will take place parties reserve the right to proceed at any time in any court having jurisdiction or by self help to exercise or prosecute the county following remedies, as applicable: (i) all rights of self help, including peaceful occupation of real property and state collection of rents, set off, and peaceful possession of personal property, (ii) pre-judgment garnishment or attachment of property, (iii) a preliminary injunction or temporary restraining order to preserve the status quo or to enforce a party’s rights under any provision set forth in which You liveSections 4.12 and 4.13 and (iv) when applicable, a judgment by confession of judgment. Preservation of these remedies does not limit the power of the arbitrator(s) to grant similar remedies that may be requested by a party in a dispute. The procedural rules for arbitration agreement to arbitrate set forth in this Section 7.8 may only be enforced by the parties to this Agreement and their permitted successors and assigns, shall survive the termination or breach of this Agreement, and shall be construed pursuant to and governed by the provisions of the Federal Arbitration Act (Act, 9 U.S.C.A. § 1 et. U.S.C. §1, et seq.) and not by any state law concerning arbitration. The laws of the state of Illinois (without giving effect to its conflict of law principles) govern all substantive matters arising out of or relating to this Service Agreement and all transactions contemplated by this Service Agreement, including, without limitation, the validity, interpretation, construction, performance and enforcement of this Service Agreement. In the event either party files a claim(s) against the other, resulting in a ruling that a portion of this Service Agreement is unenforceable, the portion of this Service Agreement that has been ruled to be unenforceable shall be severed, and the remaining provisions shall be enforced. However, if the portion of the Service Agreement that was ruled to be unenforceable is or includes the above waiver of class action rights, then this Service Agreement shall be unenforceable in its entirety.

Dispute Resolution; Arbitration. This Service Agreement requires binding arbitration if there is an unresolved dispute between You and Us concerning this Service Agreement (including the Cost of, lack of or actual repair or replacement arising from a Breakdown). Under this Arbitration provision, You give up Your right to resolve any dispute arising from this Service Agreement by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations. Any dispute on the application of this arbitration provision will be made by the local court of law in the county and state where You live. Notwithstanding this arbitration provision, You are not prohibited from bringing an action in Small Claims Court to resolve Your dispute. The Consumer Arbitration Rules of the American Arbitration Association (xxx.xxx.xxx) will apply to any arbitration under this Service Agreement. To start arbitration, either You or We must make a written demand to the other party for arbitration. You may make written demand directly to Us at [000 Xxxx Xxxxxxx Xxxx., Chicago, IL 60604, Attn: Law Department]. This demand must be made within one year of the earlier of: I. The date the Breakdown occurred or the date the dispute arose, or II. The applicable statute of limitations period if that period is longer. One mutually agreed upon arbitrator will be identified. We will advance to You all or part of the fees of the AAA and of the arbitrator. The arbitrator may otherwise allocate these fees. Unless otherwise agreed to by You and Us, the arbitration will take place in the county and state in which You live. The procedural rules for arbitration shall be governed by the Federal Arbitration Act (9 U.S.C.A. § 1 et. seq.) and not by any state law concerning arbitration. The laws of the state of Illinois (without giving effect to its conflict of law principles) govern all substantive matters arising out of or relating to this Service Agreement and all transactions contemplated by this Service Agreement, including, without limitation, the validity, interpretation, construction, performance and enforcement of this Service Agreement. In the event either party files a claim(s) against the other, resulting in a ruling that a portion of this Service Agreement is unenforceable, the portion of this Service Agreement that has been ruled to be unenforceable shall be severed, and the remaining provisions shall be enforced. However, if the portion of the Service Agreement that was ruled to be unenforceable is or includes the above waiver of class action rights, then this Service Agreement shall be unenforceable in its entirety.to

Dispute Resolution; Arbitration. This Service Agreement Please read the following section carefully because it requires binding arbitration if there is you to arbitrate certain disputes and claims with FleetNurse and limits the manner in which you can seek relief from us. Except for small claims disputes in which you or FleetNurse seek to bring an unresolved dispute between You individual action in small claims court or disputes in which you or FleetNurse seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Us concerning this Service Agreement (including the Cost of, lack of or actual repair or replacement arising from FleetNurse waive your rights to a Breakdown). Under this Arbitration provision, You give up Your right jury trial and to resolve have any dispute arising from this Service Agreement by a judge and/or a jury. You also agree not out of or related to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations. Any dispute on the application of this arbitration provision will be made by the local court of law in the county and state where You live. Notwithstanding this arbitration provision, You are not prohibited from bringing an action in Small Claims Court to resolve Your dispute. The Consumer Arbitration Rules of the American Arbitration Association (xxx.xxx.xxx) will apply to any arbitration under this Service Agreement. To start arbitration, either You or We must make a written demand to the other party for arbitration. You may make written demand directly to Us at [000 Xxxx Xxxxxxx Xxxx., Chicago, IL 60604, Attn: Law Department]. This demand must be made within one year of the earlier of: I. The date the Breakdown occurred these Terms or the date the dispute aroseMobile App or our Services resolved in court. Instead, or II. The applicable statute of limitations period if that period is longer. One mutually agreed upon arbitrator will be identified. We will advance to You all or part of the fees of the AAA and of the arbitrator. The arbitrator may otherwise allocate these fees. Unless otherwise agreed to by You and Us, the arbitration will take place in the county and state in which You live. The procedural rules for arbitration shall be governed by the Federal Arbitration Act (9 U.S.C.A. § 1 et. seq.) and not by any state law concerning arbitration. The laws of the state of Illinois (without giving effect to its conflict of law principles) govern all substantive matters disputes arising out of or relating to this Service Agreement and all transactions contemplated by this Service Agreement, including, without limitationthese Terms, the validityMobile App, interpretationor our Services will be resolved through confidential binding arbitration held in Portland, constructionOregon in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), performance which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason. You and FleetNurse agree that any dispute arising out of or related to these Terms, the Mobile App, or our Services is personal to you and FleetNurse and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and FleetNurse agree that these Terms affect interstate commerce and that the enforceability of this Section 12 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator will only conduct an individual arbitration and will not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and FleetNurse agree that for any arbitration you initiate, you will pay the filing fee and FleetNurse will pay the remaining JAMS fees and costs. For any arbitration initiated by FleetNurse, FleetNurse will pay all JAMS fees and costs. You and FleetNurse agree that the state or federal courts of the State of Oregon and the United States sitting in Portland, Oregon have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS, THE MOBILE APP, OR OUR SERVICES MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND FLEETNURSE WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Service AgreementSection 11 by sending us a written notice at the contact address provided under the “Notices” section. In the event either party files a claim(s) against the other, resulting in a ruling that a portion of this Service Agreement is unenforceableorder to be effective, the portion opt out notice must include your full name and clearly indicate your intent to opt out of this Service Agreement that has been ruled binding arbitration. By opting out of binding arbitration, you are agreeing to be unenforceable shall be severed, and the remaining provisions shall be enforced. However, if the portion of the Service Agreement that was ruled to be unenforceable is or includes the above waiver of class action rights, then this Service Agreement shall be unenforceable resolve Disputes in its entiretyaccordance with Section 12 below.

Dispute Resolution; Arbitration. This Service Agreement Contract requires binding arbitration if there is an unresolved dispute between You and Us concerning this Service Agreement Contract (including the Cost cost of, lack of or actual repair or replacement arising from a Breakdownclaim). Under this Arbitration provision, You give up Your right to resolve any dispute arising from this Service Agreement Contract by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations. Any dispute on the application of this arbitration provision will be made by the local court of law in the county and state where You live. Notwithstanding this arbitration provision, You are not prohibited from bringing an action in Small Claims Court to resolve Your dispute. The Consumer Arbitration Rules of the American Arbitration Association (xxx.xxx.xxx) will apply to any arbitration under this Service AgreementContract. To start arbitration, either You or We must make a written demand to the other party for arbitration. You may make written demand directly to Us at [000 Xxxx Xxxxxxx Xxxx., Chicago, IL 60604, Attn: Law Department]. This demand must be made within one year of the earlier of: I. The date the Breakdown loss giving rise to the claim occurred or the date the dispute arose, or II. The applicable statute of limitations period if that period is longer. One mutually agreed upon arbitrator will be identified. We will advance to You all or part All costs and expenses of the fees of the AAA arbitration will be shared equally by You and of the arbitrator. The arbitrator may otherwise allocate these feesUs. Unless otherwise agreed to by You and Us, the arbitration will take place in the county and state in which You live. The procedural rules for arbitration shall be governed by the Federal Arbitration Act (9 U.S.C.A. § 1 et. seq.) and not by any state law concerning arbitration. The laws of the state of Illinois (without giving effect to its conflict of law principles) govern all substantive matters arising out of or relating to this Service Agreement Contract and all transactions contemplated by this Service AgreementContract, including, without limitation, the validity, interpretation, construction, performance and enforcement of this Service AgreementContract. In the event either party files a claim(s) against the other, resulting in a ruling that a portion of this Service Agreement Contract is unenforceable, the portion of this Service Agreement Contract that has been ruled to be unenforceable shall be severed, and the remaining provisions shall be enforced. However, if the portion of the Service Agreement Contract that was ruled to be unenforceable is or includes the above waiver of class action rights, then this Service Agreement Contract shall be unenforceable in its entirety.

Dispute Resolution; Arbitration. This Service Agreement requires binding arbitration if there is an unresolved dispute between You and Us concerning this Service Agreement (including the Cost cost of, lack of or actual repair or replacement arising from a Breakdownclaim). Under this Arbitration provision, You give up Your right to resolve any dispute arising from this Service Agreement by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations. Any dispute on the application of this arbitration provision will be made by the local court of law in the county and state where You live. Notwithstanding this arbitration provision, You are not prohibited from bringing an action in Small Claims Court to resolve Your dispute. The Consumer Arbitration Rules of the American Arbitration Association (xxx.xxx.xxx) will apply to any arbitration under this Service Agreement. To start arbitration, either You or We must make a written demand to the other party for arbitration. You may make written demand directly to Us at [000 Xxxx Xxxxxxx Xxxx., Chicago, IL 60604, Attn: Law Department]. This demand must be made within one year of the earlier of: I. The date the Breakdown loss giving rise to the claim occurred or the date the dispute arose, or II. The applicable statute of limitations period if that period is longer. One mutually agreed upon arbitrator will be identified. We will advance to You all or part All costs and expenses of the fees of the AAA arbitration will be shared equally by You and of the arbitrator. The arbitrator may otherwise allocate these feesUs. Unless otherwise agreed to by You and Us, the arbitration will take place in the county and state in which You live. The procedural rules for arbitration shall be governed by the Federal Arbitration Act (9 U.S.C.A. § 1 et. seq.) and not by any state law concerning arbitration. The laws of the state of Illinois (without giving effect to its conflict of law principles) govern all substantive matters arising out of or relating to this Service Agreement and all transactions contemplated by this Service Agreement, including, without limitation, the validity, interpretation, construction, performance and enforcement of this Service Agreement. In the event either party files a claim(s) against the other, resulting in a ruling that a portion of this Service Agreement is unenforceable, the portion of this Service Agreement that has been ruled to be unenforceable shall be severed, and the remaining provisions shall be enforced. However, if the portion of the Service Agreement that was ruled to be unenforceable is or includes the above waiver of class action rights, then this Service Agreement shall be unenforceable in its entirety.

Dispute Resolution; Arbitration. This Service Agreement requires binding Subject to the provisions of this Section, we agree that we will not require you to arbitrate or mediate individual claims in venues that are distant or that otherwise unreasonably limit your ability to assert claims regarding this BIC; provided however, that to the extent that such agreement does not violate the preceding sentence, you agree to arbitrate or mediate all individual claims in connection with this BIC in Denver, Colorado. If the provision on pre‐dispute arbitration if there agreements for class representative claims of the Best Interest Contract Exemption (Best Interest Contract Exemption, Section II(f)(2), 81 Fed. Reg. 21002, 21078 (Apr. 8, 2016)) is an unresolved dispute between You and Us concerning ruled invalid by a court of competent jurisdiction, you agree to arbitrate all claims in connection with this Service Agreement (BIC within such ruling court’s jurisdiction unless or until the court’s decision is reversed. All parties to this agreement are giving up the right to sue each other in court, including the Cost of, lack of or actual repair or replacement arising from a Breakdown). Under this Arbitration provision, You give up Your right to resolve a trial by jury, except as provided by the rules of the arbitration forum in which a claim is filed. Arbitration awards are generally final and binding; a party’s ability to have a court reverse or modify an arbitration award is very limited. The ability of the parties to obtain documents, witness statements, and other discovery in generally more limited in arbitration than in court proceedings. The arbitrators do not have to explain the reason(s) for their award, unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel at least 20 days prior to the first scheduled hearing date. The panel of arbitrators will typically include a minority of arbitrators who were or are affiliated with the securities industry. The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court. The rules of the arbitration forum in which the claim is filed. And any dispute arising from amendments thereto, shall be incorporated into this Service Agreement by a judge and/or a juryagreement. You also agree not Any controversy between you or Pershing and the Financial Institution shall be submitted to participate as a class representative arbitration before and only before the Financial Industry Regulatory Authority. No person shall bring punitive or class member in any certified class action litigationto arbitration, nor seek to enforce any predispute arbitration agreement against any person who has initiated in court a putative class arbitration action; or who is a member of a putative class who has not opted out of the class with respect to any consolidation of individual arbitrations. Any dispute on the application of this arbitration provision will be made claims encompassed by the local court putative class action until; (i) the class certification is denied; (ii) the class is decertified; or (iii) the customer is excluded from class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of law in the county and state where You live. Notwithstanding this arbitration provision, You are not prohibited from bringing an action in Small Claims Court to resolve Your dispute. The Consumer Arbitration Rules of the American Arbitration Association (xxx.xxx.xxx) will apply to any arbitration rights under this Service Agreement. To start arbitration, either You or We must make a written demand agreement except to the other party for arbitration. You may make written demand directly to Us at [000 Xxxx Xxxxxxx Xxxxextent stated herein., Chicago, IL 60604, Attn: Law Department]. This demand must be made within one year of the earlier of: I. The date the Breakdown occurred or the date the dispute arose, or II. The applicable statute of limitations period if that period is longer. One mutually agreed upon arbitrator will be identified. We will advance to You all or part of the fees of the AAA and of the arbitrator. The arbitrator may otherwise allocate these fees. Unless otherwise agreed to by You and Us, the arbitration will take place in the county and state in which You live. The procedural rules for arbitration shall be governed by the Federal Arbitration Act (9 U.S.C.A. § 1 et. seq.) and not by any state law concerning arbitration. The laws of the state of Illinois (without giving effect to its conflict of law principles) govern all substantive matters arising out of or relating to this Service Agreement and all transactions contemplated by this Service Agreement, including, without limitation, the validity, interpretation, construction, performance and enforcement of this Service Agreement. In the event either party files a claim(s) against the other, resulting in a ruling that a portion of this Service Agreement is unenforceable, the portion of this Service Agreement that has been ruled to be unenforceable shall be severed, and the remaining provisions shall be enforced. However, if the portion of the Service Agreement that was ruled to be unenforceable is or includes the above waiver of class action rights, then this Service Agreement shall be unenforceable in its entirety.

Dispute Resolution; Arbitration. This Service Agreement requires binding arbitration if there is an unresolved dispute between You and Us concerning this Service Agreement (including the Cost Agreement Price of, lack of or actual repair or replacement arising from a Breakdownbreakdown). Under this Arbitration provision, You give up Your right to resolve any dispute arising from this Service Agreement by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations. In arbitration, a group of three arbitrators (each of whom is an independent, neutral third party) will give a decision after hearing Your and Our positions. The decision of a majority of the arbitrators will determine the outcome of the arbitration and the decision of the arbitrators shall be final and binding and cannot be reviewed or changed by, or appealed to, a court of law. Any dispute on the application of this arbitration provision will be made by the local court of law in the county and state where You live. Notwithstanding this arbitration provision, You are not prohibited from bringing an action in Small Claims Court to resolve Your dispute. The Consumer Arbitration Rules of the American Arbitration Association (xxx.xxx.xxx) will apply to any arbitration under this Service Agreement. To start arbitration, either You or We must make a written demand to the other party for arbitration. You may make written demand directly to Us at [000 Xxxx Xxxxxxx Xxxx., Chicago, IL 60604, Attn: Law Department]. This demand must be made within one (1) year of the earlier of: I. The of the date the Breakdown breakdown occurred or the date dispute arose or the dispute arose, or II. The applicable statute of limitations period if that period period, whichever is longer. One mutually agreed upon arbitrator will be identified. You and We will advance to You all or part of the fees of the AAA and of the each separately select an arbitrator. The two arbitrators will select a third arbitrator may otherwise allocate these feescalled an “umpire.” All costs and expenses of the arbitration will be shared equally by You and Us. Unless otherwise agreed to by You and Us, the arbitration will take place in the county and state in which You live. The procedural rules for arbitration shall be governed by the Federal Arbitration Act (9 U.S.C.A. § 1 et. seq.) and not by any state law concerning arbitration. The rules of the American Arbitration Association (xxx.xxx.xxx) will apply to any arbitration under this Agreement. The laws of the state of Illinois (without giving effect to its conflict of law principles) govern all substantive matters arising out of or relating to this Service Agreement and all transactions contemplated by this Service Agreement, including, without limitation, the validity, interpretation, construction, performance and enforcement of this Service Agreement. In the event either party files a claim(s) against the other, resulting in a ruling that a portion of this Service Agreement is unenforceable, the portion of this Service Agreement that has been ruled to be unenforceable shall be severed, and the remaining provisions shall be enforced. However, if the portion of the Service Agreement that was ruled to be unenforceable is or includes the above waiver of class action rights, then this Service Agreement shall be unenforceable in its entirety.

Dispute Resolution; Arbitration. This Service Agreement requires binding arbitration if there is an unresolved dispute between You and Us concerning this Service Agreement (including the Cost of, of lack of or actual repair or replacement arising from a Breakdown). Under this Arbitration provision, You give up Your right to resolve any dispute arising from this Service Agreement by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations. Any dispute on the application of this arbitration provision will be made by the local court of law in the county and state where You live. Notwithstanding this arbitration provision, You are not prohibited from bringing an action in Small Claims Court to resolve Your dispute. The Consumer Arbitration Rules of the American Arbitration Association (xxx.xxx.xxx) will apply to any arbitration under this Service Agreement. To start arbitration, either You or We must make a written demand to the other party for arbitration. You may make written demand directly to Us at [000 Xxxx Xxxxxxx Xxxx., Chicago, IL 60604, Attn: Law Department]. This demand must be made within one year of the earlier of: I. The date the Breakdown occurred or the date the dispute arose, or II. The applicable statute of limitations period if that period is longer. One mutually agreed upon arbitrator will be identified. We will advance to You all or part of the fees of the AAA and of the arbitrator. The arbitrator may otherwise allocate these fees. Unless otherwise agreed to by You and Us, the arbitration will take place in the county and state in which You live. The procedural rules for arbitration shall be governed by the Federal Arbitration Act (9 U.S.C.A. § 1 et. seq.) and not by any state law concerning arbitration. The laws of the state of Illinois (without giving effect to its conflict of law principles) govern all substantive matters arising out of or relating to this Service Agreement and all transactions contemplated by this Service Agreement, including, without limitation, the validity, interpretation, construction, performance performance, and enforcement of this Service Agreement. In the event either party files a claim(s) against the other, resulting in a ruling that a portion of this Service Agreement is unenforceable, the portion of this Service Agreement that has been ruled to be unenforceable shall be severed, and the remaining provisions shall be enforced. However, if the portion of the Service Agreement that was ruled to be unenforceable is or includes the above waiver of class action rights, then this Service Agreement shall be unenforceable in its entirety.

Dispute Resolution; Arbitration. This Service Agreement requires binding arbitration if there is an unresolved If You have a dispute with Company, You agree to contact us and try to resolve the dispute informally before pursuing other avenues. You and Company each agree that any and all disputes or claims that have arisen, or may arise, between You and Us concerning Company (or any related third parties) that relate in any way to or arise out of this Service Agreement (including the Cost ofor previous versions of this Agreement, lack Your use of or actual repair access to our Services, the actions of Company or replacement arising from a Breakdown)its agents, or otherwise related to our Services shall be resolved exclusively through final and binding arbitration, rather than in court. Under The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration provisionagreement to arbitrate. To begin an arbitration proceeding, You give up Your right must send a letter requesting arbitration and describing your claim to resolve any Company at its then current address listed on the Website. The arbitration will be conducted by JAMS, an established alternative dispute arising from this Service Agreement by a judge and/or a juryresolution provider. You also agree Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to participate as a class representative or class member in any class action litigation, any class arbitration JAMS’ most current version of the Streamlined Arbitration Rules and procedures available at xxxx://xxx.xxxxxxx.xxx/rules-streamlined- arbitration/ or any consolidation successor link made available by JAMS from time to time; all other claims shall be subject to JAMS’ most current version of individual arbitrationsthe Comprehensive Arbitration Rules and Procedures, available at xxxx://xxx.xxxxxxx.xxx/rules-comprehensive-arbitration/ or any successor link made available by JAMS from time to time. Any JAMS’ rules are also available at xxx.xxxxxxx.xxx or by calling JAMS at 000-000-0000, or any successor website or phone number made available by JAMS from time to time. If JAMS is not available to arbitrate, the applicable dispute on the application of this arbitration provision will be made by resolved in accordance with the local court of law in the county and state where You live. Notwithstanding this arbitration provision, You are not prohibited from bringing an action in Small Claims Court to resolve Your dispute. The Consumer Arbitration Rules rules of the American Arbitration Association (xxx.xxx.xxx) will apply to any arbitration under this Service Agreement. To start arbitration, either You or We must make a written demand to the other party for arbitrationAssociation. You may make choose to have the arbitration conducted by telephone, based on written demand directly to Us at [000 Xxxx Xxxxxxx Xxxx., Chicago, IL 60604, Attn: Law Department]. This demand must be made within one year of the earlier of: I. The date the Breakdown occurred or the date the dispute arosesubmissions, or IIin person or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The applicable statute arbitrator shall have exclusive authority to (i) determine the scope and enforceability of limitations period this arbitration agreement and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this arbitration agreement including, but not limited to, any claim that all or any part of this arbitration agreement is void or voidable. The arbitration will decide the rights and liabilities, if that period is longerany, of You and Company. One mutually agreed upon The arbitrator will be identified. We will advance shall have the authority to You grant motions dispositive of all or part of the fees of the AAA and of the arbitratorany claim. The arbitrator may otherwise allocate these feesshall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. Unless otherwise agreed The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Company. YOU AND COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of the limitations set forth in this Section 17 as to a given claim for relief, then the claim must be severed from the arbitration and brought into the federal or state court located in Chicago, Illinois. All other claims shall be arbitrated. You have the right to opt out of the provisions of this Agreement that mandate arbitration by You sending written notice of your decision to opt out to: xxxxxxx@xxxxxxxxx.xxx, within 30 days after first becoming subject to a version of this Agreement containing an arbitration provision. Your notice must include your name and Usaddress, Your Company username (if any), the email address You used to set up your Company account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. If You opt out of arbitration, all other parts of this Agreement will take place continue to apply to you. Opting out of arbitration has no effect on any other arbitration agreements that You may currently have, or may enter in the county and state in which You live. The procedural rules for arbitration shall be governed by the Federal Arbitration Act (9 U.S.C.A. § 1 et. seqfuture, with Company.) and not by any state law concerning arbitration. The laws of the state of Illinois (without giving effect to its conflict of law principles) govern all substantive matters arising out of or relating to this Service Agreement and all transactions contemplated by this Service Agreement, including, without limitation, the validity, interpretation, construction, performance and enforcement of this Service Agreement. In the event either party files a claim(s) against the other, resulting in a ruling that a portion of this Service Agreement is unenforceable, the portion of this Service Agreement that has been ruled to be unenforceable shall be severed, and the remaining provisions shall be enforced. However, if the portion of the Service Agreement that was ruled to be unenforceable is or includes the above waiver of class action rights, then this Service Agreement shall be unenforceable in its entirety.

Dispute Resolution; Arbitration. This Service Agreement requires binding arbitration if there is an unresolved dispute between You and Us concerning this Service Agreement (including the Cost Agreement Price of, lack of or actual repair or replacement arising from a Breakdownbreakdown). Under this Arbitration provision, You give up Your right to resolve any dispute arising from this Service Agreement by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations. In arbitration, a group of three arbitrators (each of whom is an independent, neutral third party) will give a decision after hearing Your and Our positions. The decision of a majority of the arbitrators will determine the outcome of the arbitration and the decision of the arbitrators shall be final and binding and cannot be reviewed or changed by, or appealed to, a court of law. Any dispute on the application of this arbitration provision will be made by the local court of law in the county and state where You live. Notwithstanding this arbitration provision, You are not prohibited from bringing an action in Small Claims Court to resolve Your dispute. The Consumer Arbitration Rules of the American Arbitration Association (xxx.xxx.xxx) will apply to any arbitration under this Service Agreement. To start arbitration, either You or We must make a written demand to the other party for arbitration. You may make written demand directly to Us at [000 Xxxx Xxxxxxx Xxxx., Chicago, IL 60604, Attn: Law Department]. This demand must be made within one (1) year of the earlier of: I. The of the date the Breakdown breakdown occurred or the date dispute arose or the dispute arose, or II. The applicable statute of limitations period if that period period, whichever is longer. One mutually agreed upon arbitrator will be identified. You and We will advance to You all or part of the fees of the AAA and of the each separately select an arbitrator. The two arbitrators will select a third arbitrator may otherwise allocate these feescalled an "umpire". All costs and expenses of the arbitration will be shared equally by You and Us. Unless otherwise agreed to by You and Us, the arbitration will take place in the county and state in which You live. The procedural rules for arbitration shall be governed by the Federal Arbitration Act (9 U.S.C.A. § 1 et. seq.) and not by any state law concerning arbitration. The rules of the American Arbitration Association (xxx.xxx.xxx) will apply to any arbitration under this Agreement. The laws of the state of Illinois (without giving effect to its conflict of law principles) govern all substantive matters arising out of or relating to this Service Agreement and all transactions contemplated by this Service Agreement, including, without limitation, the validity, interpretation, construction, performance and enforcement of this Service Agreement. In the event either party files a claim(s) against the other, resulting in a ruling that a portion of this Service Agreement is unenforceable, the portion of this Service Agreement that has been ruled to be unenforceable shall be severed, and the remaining provisions shall be enforced. However, if the portion of the Service Agreement that was ruled to be unenforceable is or includes the above waiver of class action rights, then this Service Agreement shall be unenforceable in its entirety.

Dispute Resolution; Arbitration. This Service Agreement requires binding arbitration if there is an unresolved dispute between You and Us concerning this Service Agreement (including the Cost of, lack of or actual repair or replacement arising from a Breakdown). Under this Arbitration provision, You give up Your right to resolve any dispute arising from this Service Agreement by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations. Any dispute on the application of this arbitration provision will be made by the local court of law in the county and state where You live. Notwithstanding this arbitration provision, You are not prohibited from bringing an action in Small Claims Court to resolve Your dispute. The Consumer Arbitration Rules of the American Arbitration Association (xxx.xxx.xxx) will apply to any arbitration under this Service Agreement. To start arbitration, either You or We must make a written demand to the other party for arbitration. You may make written demand directly to Us at [000 Xxxx Xxxxxxx Xxxx., Chicago, IL 60604, Attn: Law Department]. This demand must be made within one year of the earlier of: I. The date the Breakdown occurred or the date the dispute arose, or II. The applicable statute of limitations period if that period is longer. One mutually agreed upon arbitrator will be identified. We will advance to You all or part of the fees of the AAA and of the arbitrator. The arbitrator may otherwise allocate these fees. Unless otherwise agreed to by You and Us, the arbitration will take place in the county and state in which You live. The procedural rules for arbitration shall be governed by the Federal Arbitration Act (9 U.S.C.A. § 1 et. seq.) and not by any state law concerning arbitration. The laws of the state of Illinois (without giving effect to its conflict of law principles) govern all substantive matters arising out of or relating to this Service Agreement and all transactions contemplated by this Service Agreement, including, without limitation, the validity, interpretation, construction, performance performance, and enforcement of this Service Agreement. In the event either party files a claim(s) against the other, resulting in a ruling that a portion of this Service Agreement is unenforceable, the portion of this Service Agreement that has been ruled to be unenforceable shall be severed, and the remaining provisions shall be enforced. However, if the portion of the Service Agreement that was ruled to be unenforceable is or includes the above waiver of class action rights, then this Service Agreement shall be unenforceable in its entirety.