Common use of ARBITRATION AGREEMENT AND CLASS ACTION WAIVER Clause in Contracts

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. You, Card Company and Xxxxxxx (or the Franchisee or participating restaurant, as applicable) agree that any dispute, controversy or claim arising out of or relating to this Agreement or your purchase, acceptance or use of any Card, including the determination of the scope or applicability of this Agreement to arbitrate, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (NOT CLASSWIDE OR COLLECTIVE) binding arbitration, except that you, Card Company or Xxxxxxx (or the Franchisee or participating restaurant) may take claims to small claims court if they qualify for hearing by such a court. You also agree that this Section 10 shall apply to any dispute with other parties arising out of or relating to this Agreement or the purchase or use of any Card, including the determination of the scope or applicability of this Section 10, regardless of the date of accrual of such dispute, except that you or any such third parties may take claims to small court if they qualify for hearing by such a court. YOU, CARD COMPANY AND XXXXXXX (OR THE FRANCHISEE OR PARTICIPATING RESTAURANT) AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AND THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS AND THAT CLASS, MASS, CONSOLIDATED OR COMBINED ACTIONS OR ARBITRATIONS OR PROCEEDINGS AS A PRIVATE ATTORNEY GENERAL ARE NOT PERMITTED. You, Card Company and Xxxxxxx (or the Franchisee or participating restaurant) agree to waive the right to trial by jury. This Section 10 extends to claims that you assert against other parties arising out of or relating to this Agreement or the purchase, acceptance or use of the Card. The Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this Section 10. This Section 10 shall survive termination of this Agreement. Notwithstanding anything to the contrary, if any part of this Section 10 is deemed invalid or inapplicable, the remainder of this Agreement, including Section 10, shall still be considered valid and enforceable. If any part of this Section 10 is deemed invalid or inapplicable, you, Card Company and Xxxxxxx (or the Franchisee or participating restaurant) waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis.

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. YouYou and we agree that both of us shall attempt to informally settle any and all disputes arising out of, Card Company and Xxxxxxx (affecting, or relating in any way to your accounts, or the Franchisee products or participating restaurantservices that we have provided, will provide or have offered to provide to you, and/or any aspect of your relationship with us (hereafter referred to as applicable) the “Claims”). If that cannot be done, then you agree that any disputeand all Claims that are threatened, controversy made, filed or claim arising initiated after the Effective Date (defined below) of this Arbitration and Class Action Waiver provision (“Arbitration Agreement”), even if the Claims arise out of, affect or relate to conduct that occurred prior to the Effective Date, shall, at the election of either you or relating to this Agreement us, be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its applicable rules and procedures for consumer disputes (“Rules”), whether such Claims are in contract, tort, statute, or your purchase, acceptance otherwise. The Rules can be obtained on the AAA website at xxx.xxx.xxx; or use of any Card, including the determination a copy of the scope Rules can be obtained at any bank branch upon request. Either you or applicability we may elect to resolve a particular Claim through arbitration, even if one of this us has already initiated litigation in court related to the Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court. AS A RESULT, IF EITHER YOU OR WE ELECT TO RESOLVE A PARTICULAR CLAIM THROUGH ARBITRATION, YOU WILL GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS (EXCEPT FOR CLAIMS BROUGHT INDIVIDUALLY WITHIN SMALL CLAIMS COURT JURISDICTION, SO LONG AS THE CLAIM REMAINS IN SMALL CLAIMS COURT) AND YOU WILL GIVE UP YOUR RIGHT TO HAVE YOUR CLAIM DECIDED BY A JURY. This Arbitration Agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act set forth in Title 9 of the U.S. Code to arbitratethe fullest extent possible, notwithstanding any state law to the contrary, regardless of the date origin or nature of accrual of the Claims at issue. This Arbitration Agreement does not prevent you from submitting any issue relating to your accounts for review or consideration by a federal, state, or local governmental agency or entity, nor does it prevent such dispute, agency or entity from seeking relief on your behalf. This Arbitration Agreement shall be resolved not apply to: (1) actions that are initiated in its entirety by individual (NOT CLASSWIDE OR COLLECTIVE) binding arbitration, except that you, Card Company or Xxxxxxx (or the Franchisee or participating restaurant) may take claims transferred to small claims court if or a comparable court of limited monetary jurisdiction, so long as they qualify for hearing are prosecuted individually; (2) actions initiated by such a court. You also agree that this Section 10 shall apply to or against “covered borrowers” under the Military Lending Act; (3) claims involving residential mortgage secured loans covered by Regulation Z; (4) claims involving any dispute secured consumer loans with other parties arising out of or relating to this Agreement or the purchase or use of any Card, including the determination of the scope or applicability of this Section 10, regardless of the date of accrual of such dispute, except that you or any such third parties may take claims to small court if they qualify for hearing by such a court. YOU, CARD COMPANY AND XXXXXXX (OR THE FRANCHISEE OR PARTICIPATING RESTAURANT) AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AND THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS AND THAT CLASS, MASS, CONSOLIDATED OR COMBINED ACTIONS OR ARBITRATIONS OR PROCEEDINGS AS A PRIVATE ATTORNEY GENERAL ARE NOT PERMITTED. You, Card Company contractually agreed upon terms and Xxxxxxx (or the Franchisee or participating restaurant) agree to waive the right to trial by jury. This Section 10 extends to claims that you assert against other parties arising out of or relating to this Agreement or the purchase, acceptance or use of the Card. The Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this Section 10. This Section 10 shall survive termination of this Agreement. Notwithstanding anything to the contrary, if any part of this Section 10 is deemed invalid or inapplicable, the remainder of this Agreement, including Section 10, shall still be considered valid and enforceable. If any part of this Section 10 is deemed invalid or inapplicable, you, Card Company and Xxxxxxx (or the Franchisee or participating restaurant) waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis.amount; and

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. YouYou and we agree that both of us shall attempt to informally settle any and all disputes arising out of, Card Company and Xxxxxxx (affecting, or relating in any way to your accounts, or the Franchisee products or participating restaurantservices that we have provided, will provide or have offered to provide to you, and/or any aspect of your relationship with us (hereafter referred to as applicable) the “Claims”). If that cannot be done, then you agree that any disputeand all Claims that are threatened, controversy made, filed or claim arising initiated after the Effective Date (defined below) of this Arbitration and Class Action Waiver provision (“Arbitration Agreement”), even if the Claims arise out of, affect or relate to conduct that occurred prior to the Effective Date, shall, at the election of either you or relating to this Agreement us, be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its applicable rules and procedures for commercial disputes (“Rules”), whether such Claims are in contract, tort, statute, or your purchase, acceptance otherwise. The Rules can be obtained on the AAA website at xxx.xxx.xxx; or use of any Card, including the determination a copy of the scope Rules can be obtained at any bank branch upon request. Either you or applicability of this Agreement we may elect to arbitrate, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (NOT CLASSWIDE OR COLLECTIVE) binding resolve a particular Claim through arbitration, except that youeven if one of us has already initiated litigation in court related to the Claim, Card Company by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or Xxxxxxx (or the Franchisee or participating restaurantc) may take claims filing a motion to small claims court if they qualify for hearing by such a compel arbitration in court. You also agree that this Section 10 shall apply to any dispute with other parties arising out of or relating to this Agreement or the purchase or use of any Card, including the determination of the scope or applicability of this Section 10, regardless of the date of accrual of such dispute, except that you or any such third parties may take claims to small court if they qualify for hearing by such a court. YOU, CARD COMPANY AND XXXXXXX (OR THE FRANCHISEE OR PARTICIPATING RESTAURANT) AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF RESULT, IF EITHER YOU OR CLASS MEMBER WE ELECT TO RESOLVE A PARTICULAR CLAIM THROUGH ARBITRATION, YOU WILL GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS (EXCEPT FOR CLAIMS BROUGHT INDIVIDUALLY WITHIN SMALL CLAIMS COURT JURISDICTION, SO LONG AS THE CLAIM REMAINS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING SMALL CLAIMS COURT) AND THAT ANY ARBITRATION UNDER THIS AGREEMENT YOU WILL TAKE PLACE ON AN INDIVIDUAL BASIS AND THAT CLASS, MASS, CONSOLIDATED OR COMBINED ACTIONS OR ARBITRATIONS OR PROCEEDINGS AS A PRIVATE ATTORNEY GENERAL ARE NOT PERMITTED. You, Card Company and Xxxxxxx (or the Franchisee or participating restaurant) agree to waive the right to trial by jury. This Section 10 extends to claims that you assert against other parties arising out of or relating to this Agreement or the purchase, acceptance or use of the Card. The Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this Section 10. This Section 10 shall survive termination of this Agreement. Notwithstanding anything to the contrary, if any part of this Section 10 is deemed invalid or inapplicable, the remainder of this Agreement, including Section 10, shall still be considered valid and enforceable. If any part of this Section 10 is deemed invalid or inapplicable, you, Card Company and Xxxxxxx (or the Franchisee or participating restaurant) waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis.GIVE UP YOUR RIGHT TO HAVE YOUR CLAIM DECIDED BY A

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. You, Card Company (a) Agreement to Binding Arbitration Between Purchaser and Xxxxxxx (or the Franchisee or participating restaurantJazz. PURCHASER AGREES TO WAIVE PURCHASER’S RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREES TO RESOLVE ANY DISPUTE BY ARBITRATION, as applicableset forth below. This agreement to arbitrate (“Arbitration Agreement”) agree that any dispute, controversy or claim arising out of or relating to is governed by the Federal Arbitration Act (“FAA”) and survives after this Agreement terminates or your purchase, acceptance or use of any Card, including relationship with the determination of the scope or applicability of this Agreement to arbitrate, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (NOT CLASSWIDE OR COLLECTIVE) binding arbitration, except that you, Card Company or Xxxxxxx (or the Franchisee or participating restaurant) may take claims to small claims court if they qualify for hearing by such a courtJazz ends. You also agree that this Section 10 shall apply to any dispute with other parties arising out of or relating to this Agreement or the purchase or use of any Card, including the determination of the scope or applicability of this Section 10, regardless of the date of accrual of such dispute, except that you or any such third parties may take claims to small court if they qualify for hearing by such a court. YOU, CARD COMPANY AND XXXXXXX (OR THE FRANCHISEE OR PARTICIPATING RESTAURANT) AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AND THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS BASIS; CLASS ARBITRATIONS AND THAT CLASS, MASS, CONSOLIDATED OR COMBINED CLASS ACTIONS OR ARBITRATIONS OR PROCEEDINGS AS A PRIVATE ATTORNEY GENERAL ARE NOT PERMITTED. YouExcept as expressly provided below, Card Company this Arbitration Agreement applies to all Claims (defined below) between you and Xxxxxxx (the Jazz or the Franchisee Jazz Parties, including their affiliates, subsidiaries, parents, successors and assigns, and each of the Jazz’s respective officers, directors, employees, agents, members, or participating restaurantshareholders. ALL DISPUTES PURCHASER MAY HAVE WITH, AND CLAIMS AGAINST ANY JAZZ PARTY (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) agree to waive the right to trial by jurySHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN PURCHASER AND THE JAZZ PARTIES. This Section 10 extends to claims that you assert against other parties These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to the Auction, this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), payments made by you or any payments made or allegedly owed to you, any promotions or offers made by any Jazz Party, any city, county, state or federal trade secrets, unfair competition, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the purchaseTelephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, acceptance Civil Rights Act of 1964, Americans With Disabilities Act, and state statutes, if any, addressing the same or use similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the Card. The Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement scope, applicability, enforceability, revocability, or validity of this Section 10Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below. BY AGREEING TO ARBITRATION, PURCHASER UNDERSTANDS THAT PURCHASER IS WAIVING THE RIGHT TO XXX IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS. This Section 10 shall survive termination Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Agreement. Notwithstanding anything Arbitration Agreement are expressly excluded from the requirement to the contrary, if any part of this Section 10 is deemed invalid or inapplicable, the remainder of this Agreement, including Section 10, shall still be considered valid and enforceable. If any part of this Section 10 is deemed invalid or inapplicable, you, Card Company and Xxxxxxx (or the Franchisee or participating restaurant) waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basisarbitrate.

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. YouSubject to the exceptions described below, Card Company and Xxxxxxx (or the Franchisee or participating restaurant, as applicable) agree that any dispute, controversy or claim all disputes arising out of or relating related to this Agreement these Terms of Use or any aspect of your purchaserelationship with PrepMeKits, acceptance whether based in contract, tort, statute, fraud, misrepresentation, or use of any Cardother legal theory, including the determination of the scope or applicability of this Agreement to arbitrate, regardless of the date of accrual of such dispute, shall will be resolved through final and binding arbitration before a single arbitrator instead of in its entirety a court by individual (NOT CLASSWIDE OR COLLECTIVE) binding arbitration, except that you, Card Company a judge or Xxxxxxx (or the Franchisee or participating restaurant) may take claims to small claims court if they qualify for hearing by such a jury. Arbitration procedures are simpler and more limited than rules applicable in court. Arbitration is mandatory for the claims covered under this arbitration agreement. You also agree that this Section 10 shall apply to any dispute with other parties arising out of or relating to this Agreement or the purchase or use of any Card, including the determination of the scope or applicability of this Section 10, regardless of the date of accrual of such dispute, except that PrepMeKits and you or any such third parties may take claims to small court if they qualify for hearing by such a court. YOU, CARD COMPANY AND XXXXXXX (OR THE FRANCHISEE OR PARTICIPATING RESTAURANT) AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AND THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS AND THAT CLASS, MASS, CONSOLIDATED OR COMBINED ACTIONS OR ARBITRATIONS OR PROCEEDINGS AS A PRIVATE ATTORNEY GENERAL ARE NOT PERMITTED. You, Card Company and Xxxxxxx (or the Franchisee or participating restaurant) agree to waive are each waiving the right to trial by a jury, and that any arbitration will take place on an individual basis. This Section 10 extends You hereby waive the ability to participate in a class action. The parties agree that the arbitrator will have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this arbitration agreement. You and PrepMeKits each retain the right to: (i) bring an individual action in small claims court and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of a party’s trade secrets or intellectual property rights. You will also have the right to litigate any other dispute that would otherwise be subject to this arbitration agreement if you assert against other parties arising opt out of the arbitration agreement by sending an email to xxxx@xxxxxxxxxx.xxx or relating a letter to Emergency Care Inc., 00 Xxxx Xxxxx, Xxxxxxxx, XX 00000, within 30 days after the date you first agree to these Terms of Use. If you don’t provide PrepMeKits with a timely opt-out notice, this arbitration agreement applies. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (currently available at xxxxx://xxx.xxx.xxx/Rules or by calling the AAA at 0- 000-000-0000). The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties. If the parties are unable to agree on a location, the arbitrator will determine the location. If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, PrepMeKits will contribute to your filing and hearing fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitrator’s decision will follow the terms of this Agreement or (including the purchase, acceptance or use Limitation of the CardLiability provision) and will be final and binding. The Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this Section 10. This Section 10 shall survive termination of this Agreement. Notwithstanding anything arbitrator will have authority to the contraryaward temporary, if any part of this Section 10 is deemed invalid interim or inapplicable, the remainder permanent injunctive relief or relief providing for specific performance of this Agreement, including Section 10, shall still be considered valid and enforceable. If any part of this Section 10 is deemed invalid or inapplicable, you, Card Company and Xxxxxxx (or the Franchisee or participating restaurant) waive, but only to the fullest extent allowed necessary to provide relief warranted by law, the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basiscourt having jurisdiction.

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. YouThis User Agreement (this “Agreement”) is a contract between you (“you” or “User”) QWQER Services LLC (“QWQER,” “we,” or “us”). You must read, Card Company agree to, and Xxxxxxx accept all of the terms and conditions contained in this Agreement to be a User of our website located at xxx.XXXXX.xxx or any part of the rest of the Site (defined in the Site Terms of Use) or the Franchisee Site Services (defined in the Site Terms of Use). This Agreement includes and hereby incorporates by reference the following important agreements, as they may be in effect and modified from time to time Site Terms of Use; Fee and ACH Authorization Agreement; Cookie Policy; Privacy Policy; Driver’s License, Record Verification and Rules & Regulations Attestations and Driver Rules and Regulations Consent Form, Proprietary Rights Infringement Reporting Procedures; and the Stripe Payment Instructions as applicable to any Service Contract you enter into with another User, specifically the Mileage Payment Agreement with Stripe Instructions. These agreements are collectively, with this Agreement, called the “Terms of Service”. Subject to the conditions set forth herein, QWQER may, in its sole discretion, amend this Agreement and the other Terms of Service at any time by posting a revised version on the Site. QWQER will provide reasonable advance notice of any amendment that includes a Substantial Change (defined below), by posting the updated Terms of Service on the Site, providing notice on the Site, and/or sending you notice by email. If the Substantial Change includes an increase to Fees charged by QWQER, QWQER will provide at least 30 days’ advance notice of the change, but may not provide any advance notice for changes resulting in a reduction in Fees or participating restaurantany temporary or promotional Fee change. Any revisions to the Terms of Service will take effect on the noted effective date (each, as applicable) agree that any dispute, controversy or claim arising out of or relating to this Agreement or your purchasethe “Effective Date”). YOU UNDERSTAND THAT BY USING THE SITE OR SITE SERVICES AFTER THE EFFECTIVE DATE, acceptance or use of any CardYOU AGREE TO BE BOUND BY THE TERMS OF SERVICE, including the determination of the scope or applicability of this Agreement to arbitrateINCLUDING THE ARBITRATION PROVISION IN SECTION 14 OF THIS AGREEMENT (SUBJECT TO YOUR RIGHT TO OPT OUT OF THE ARBITRATION PROVISION AS PROVIDED IN SECTION 14). IF YOU DO NOT ACCEPT THE TERMS OF SERVICE IN ITS ENTIRETY, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (YOU MUST NOT CLASSWIDE ACCESS OR COLLECTIVE) binding arbitration, except that you, Card Company or Xxxxxxx (or the Franchisee or participating restaurant) may take claims to small claims court if they qualify for hearing by such a court. You also agree that this Section 10 shall apply to any dispute with other parties arising out of or relating to this Agreement or the purchase or use of any Card, including the determination of the scope or applicability of this Section 10, regardless of the date of accrual of such dispute, except that you or any such third parties may take claims to small court if they qualify for hearing by such a court. YOU, CARD COMPANY AND XXXXXXX (USE THE SITE OR THE FRANCHISEE SITE SERVICES AFTER THE EFFECTIVE DATE EXCEPT AS PERMITTED BY THE SITE TERMS OF USE. IF YOU AGREE TO THE TERMS OF SERVICE ON BEHALF OF AN ENTITY OR PARTICIPATING RESTAURANT) AGENCY, OR IN CONNECTION WITH PROVIDING OR RECEIVING SERVICES ON BEHALF OF AN ENTITY OR AGENCY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY OR AGENCY TO THE TERMS OF SERVICE AND AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING YOU ARE BINDING BOTH YOU AND THAT ANY ARBITRATION UNDER THIS AGREEMENT ENTITY OR AGENCY TO THE TERMS OF SERVICE. IN THAT EVENT, “YOU” AND “YOUR” WILL TAKE PLACE ON AN INDIVIDUAL BASIS REFER AND APPLY TO YOU AND THAT CLASS, MASS, CONSOLIDATED ENTITY OR COMBINED ACTIONS OR ARBITRATIONS OR PROCEEDINGS AS A PRIVATE ATTORNEY GENERAL ARE NOT PERMITTEDAGENCY. You, Card Company and Xxxxxxx (or the Franchisee or participating restaurant) agree to waive the right to trial by jury. This Section 10 extends to claims that you assert against other parties arising out of or relating to this Agreement or the purchase, acceptance or use of the Card. The Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this Section 10. This Section 10 shall survive termination of this Agreement. Notwithstanding anything to the contrary, if any part of this Section 10 is deemed invalid or inapplicable, the remainder of this Agreement, including Section 10, shall still be considered valid and enforceable. If any part of this Section 10 is deemed invalid or inapplicable, you, Card Company and Xxxxxxx (or the Franchisee or participating restaurant) waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis.TABLE OF CONTENTS

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. YouThis User Agreement (this “Agreement”) is a contract between you (“you” or “User”) and Credzu, Card Company LLC (“Credzu,” “we,” or “us”). You must read, agree to, and Xxxxxxx accept all of the terms and conditions contained in this Agreement to be a User of our website located at xxx.Xxxxxx.xxx or any part of the rest of the Site (or the Franchisee or participating restaurant“Site”).. This Agreement includes and hereby incorporates by reference the following important agreements, as they may be in effect and modified from time to time: Site Terms of Use; Fee and ACH Authorization Agreement; Cookie Policy; Privacy Policy; Xxxx Use Guidelines; Proprietary Rights Infringement Reporting Procedures; Credzu App Software License Agreement; and the escrow instructions as applicable to any Service Contract you enter into with another User. These agreements are collectively, with this Agreement, called the “Terms of Service”. Credzu may, in its sole discretion, amend this Agreement and the other Terms of Service at any time by posting a revised version on the Site. Any revisions to the Terms of Service will take effect on the noted effective date (each, as applicable) agree that any dispute, controversy or claim arising out of or relating to this Agreement or your purchasethe “Effective Date”). YOU UNDERSTAND THAT BY USING THE SITE AFTER THE EFFECTIVE DATE, acceptance or use of any CardYOU AGREE TO BE BOUND BY THE TERMS OF SERVICE, including the determination of the scope or applicability of this Agreement to arbitrateINCLUDING THE ARBITRATION PROVISION OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF SERVICE IN ITS ENTIRETY, regardless of the date of accrual of such disputeYOU MUST NOT ACCESS OR USE THE SITE AFTER THE EFFECTIVE DATE. IF YOU AGREE TO THE TERMS OF SERVICE ON BEHALF OF AN ENTITY OR AGENCY, shall be resolved in its entirety by individual (NOT CLASSWIDE OR COLLECTIVE) binding arbitrationIN CONNECTION WITH PROVIDING OR RECEIVING SERVICES ON BEHALF OF AN ENTITY OR AGENCY, except that you, Card Company or Xxxxxxx (or the Franchisee or participating restaurant) may take claims to small claims court if they qualify for hearing by such a court. You also agree that this Section 10 shall apply to any dispute with other parties arising out of or relating to this Agreement or the purchase or use of any Card, including the determination of the scope or applicability of this Section 10, regardless of the date of accrual of such dispute, except that you or any such third parties may take claims to small court if they qualify for hearing by such a court. YOU, CARD COMPANY YOU REPRESENT AND XXXXXXX (WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY OR AGENCY TO THE FRANCHISEE OR PARTICIPATING RESTAURANT) TERMS OF SERVICE AND AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING YOU ARE BINDING BOTH YOU AND THAT ANY ARBITRATION UNDER THIS AGREEMENT ENTITY OR AGENCY TO THE TERMS OF SERVICE. IN THAT EVENT, “YOU” AND “YOUR” WILL TAKE PLACE ON AN INDIVIDUAL BASIS REFER AND APPLY TO YOU AND THAT CLASS, MASS, CONSOLIDATED ENTITY OR COMBINED ACTIONS OR ARBITRATIONS OR PROCEEDINGS AS A PRIVATE ATTORNEY GENERAL ARE NOT PERMITTED. You, Card Company and Xxxxxxx (or the Franchisee or participating restaurant) agree to waive the right to trial by jury. This Section 10 extends to claims that you assert against other parties arising out of or relating to this Agreement or the purchase, acceptance or use of the Card. The Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this Section 10. This Section 10 shall survive termination of this Agreement. Notwithstanding anything to the contrary, if any part of this Section 10 is deemed invalid or inapplicable, the remainder of this Agreement, including Section 10, shall still be considered valid and enforceable. If any part of this Section 10 is deemed invalid or inapplicable, you, Card Company and Xxxxxxx (or the Franchisee or participating restaurant) waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basisAGENCY.