Common use of Arbitration Provision Clause in Contracts

Arbitration Provision. Read the following arbitration provision carefully. It limits certain of YOUR rights, including YOUR right to obtain relief or damages through court action. To begin Arbitration, either YOU or WE must make a written demand to the other party for arbitration. The Arbitration will take place before a single arbitrator. It will be administered in keeping with the Expedited Procedures of the Commercial Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”) in effect when the CLAIM is filed. YOU may get a copy of these AAA’s Rules by contacting AAA at 0000 Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, XX 00000, calling 0-000-000-0000 or visiting xxx.xxx.xxx. The filing fees to begin and carry out arbitration will be shared equally between YOU and US. This does not prohibit the arbitrator from giving the winning party their fees and expenses of the arbitration. Unless YOU and WE agree, the arbitration will take place in the county and state where YOU live. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern and not any state law on arbitration. YOU AGREE AND UNDERSTAND THAT this arbitration provision means that YOU give up YOUR right to go to court on any CLAIM covered by this provision. You also agree that any arbitration proceeding will only consider YOUR CLAIMS. CLAIMS by, or on behalf of, other individuals will not be arbitrated in any proceeding that is considering YOUR CLAIMS. In the event this Arbitration provision is not approved by the appropriate state regulatory agency, and/or is stricken, severed, or otherwise deemed unenforceable by a court of competent jurisdiction, YOU and WE specifically agree to waive and forever give up the right to a trial by jury. Instead, in the event any litigation arises between YOU and US, any such lawsuit will be tried before a judge, and a jury will not be impaneled or struck. YOU have the right to return or void this AGREEMENT. YOU may return the AGREEMENT within thirty (30) calendar days after the date YOU purchased the AGREEMENT. If YOU return this AGREEMENT within the applicable time period and no CLAIMS have been paid, the AGREEMENT shall be void and WE will refund the entire AGREEMENT purchase price within thirty (30) days. A ten percent (10%) penalty per month shall be added to a refund that is not paid or credited within thirty (30) days after return of this AGREEMENT to US. This provision applies only to the original purchaser.

Arbitration Provision. Read the following arbitration provision carefully. It limits certain of YOUR rights, including YOUR right to obtain relief or damages through court action. To begin Arbitration, either YOU or WE must make a written demand to the other party for arbitration. The Arbitration will take place before a single arbitrator. It will be administered in keeping with the Expedited Procedures of the Commercial Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”) in effect when the CLAIM is filed. YOU may get a copy of these AAA’s Rules by contacting AAA at 0000 Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, XX 00000, calling 0-000-000-0000 or visiting xxx.xxx.xxx. The filing fees to begin and carry out arbitration will be shared equally between YOU and US. This does not prohibit the arbitrator from giving the winning party their fees and expenses of the arbitration. Unless YOU and WE agree, the arbitration will take place in the county and state where YOU live. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern and not any state law on arbitration. YOU AGREE AND UNDERSTAND THAT this arbitration provision means that YOU give up YOUR right to go to court on any CLAIM covered by this provision. You YOU also agree that any arbitration proceeding will only consider YOUR CLAIMS. CLAIMS by, or on behalf of, other individuals will not be arbitrated in any proceeding that is considering YOUR CLAIMS. In the event this Arbitration provision is not approved by the appropriate state regulatory agency, and/or is stricken, severed, or otherwise deemed unenforceable by a court of competent jurisdiction, YOU and WE specifically agree to waive and forever give up the right to a trial by jury. Instead, in the event any litigation arises between YOU and US, any such lawsuit will be tried before a judge, and a jury will not be impaneled or struck. Any arbitration shall take place in the state where YOU reside or at any other place agreed to in writing by YOU and United Service Protection Corp. YOU have the right to return or void this AGREEMENT. YOU may return the AGREEMENT within thirty (30) calendar days after the date YOU purchased the AGREEMENT. If YOU return this AGREEMENT within the applicable time period and no CLAIMS have been paid, the AGREEMENT shall be void and WE will refund the entire AGREEMENT purchase price within thirty (30) days. A ten percent (10%) penalty per month shall be added to a refund that is not paid or credited within thirty (30) days after return of this AGREEMENT to US. This provision applies only to the original purchaser.

Arbitration Provision. Read the following arbitration provision carefully. It limits certain of YOUR rights, including YOUR right to obtain relief or damages through court action. To begin Arbitration, either YOU or WE must make a written demand to the other party for arbitration. The Arbitration will take place before a single arbitrator. It will be administered in keeping with the Expedited Procedures of the Commercial Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”) in effect when the CLAIM is filed. YOU may get a copy of these AAA’s Rules by contacting AAA at 0000 Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, XX 00000, calling 0-000-000-0000 or visiting xxx.xxx.xxx. The filing fees to begin and carry out arbitration will be shared equally between YOU and US. This does not prohibit the arbitrator from giving the winning party their fees and expenses of the arbitration. Unless YOU and WE agree, the arbitration will take place in the county and state where YOU live. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern and not any state law on arbitration. YOU AGREE AND UNDERSTAND THAT this arbitration provision means that YOU give up YOUR right to go to court on any CLAIM covered by this provision. You also agree that any arbitration proceeding will only consider YOUR CLAIMS. CLAIMS by, or on behalf of, other individuals will not be arbitrated in any proceeding that is considering YOUR CLAIMS. In the event this Arbitration provision is not approved by the appropriate state regulatory agency, and/or is stricken, severed, or otherwise deemed unenforceable by a court of competent jurisdiction, YOU and WE specifically agree to waive and forever give up the right to a trial by jury. Instead, in the event any litigation arises between YOU and US, any such lawsuit will be tried before a judge, and a jury will not be impaneled or struck. YOU have the right to return or void this AGREEMENT. YOU may return the AGREEMENT within thirty (30) calendar days after the date YOU purchased the AGREEMENT. If YOU return this AGREEMENT within the applicable time period and no CLAIMS have been paid, the AGREEMENT shall be void and WE will refund the entire AGREEMENT purchase price within thirty (30) days. A ten percent (10%) penalty per month shall be added to a refund that is not paid or credited within thirty (30) days after return of this AGREEMENT to US. This provision applies only to the original purchaser.

Arbitration Provision. Read Important Note Regarding this Arbitration Provision: Except as provided below, arbitration does not limit or affect the following legal claims you may bring against the Company. Agreeing to arbitrationonly affects where any such claims may be brought and how they will be resolved. Arbitration is a process of private dispute resolution that does not involve the civil courts, a civil judge, ora jury. Instead, the parties’ dispute is decided by a private arbitrator selected by the parties using the process set forth herein. Other arbitration provision carefullyrules and procedures are also set forth herein. It limits certain Unless the law requires otherwise, as determined by the Arbitrator based upon the circumstances presented, you will be required to split the cost of YOUR rightsany arbitration with the Company. IMPORTANT: This Arbitration Provision will require you to resolve any claim that you may have against the Company on an individual basis, including YOUR right to obtain relief or damages through court action. To begin Arbitrationexcept as provided below, either YOU or WE must make a written demand pursuant to the other party for arbitration. The Arbitration will take place before a single arbitrator. It will be administered in keeping with the Expedited Procedures terms of the Commercial Arbitration Rules (“Rules”) Agreement unless you choose to opt out of the American Arbitration Association (“AAA”) Provision. Except as provided below, this provision will preclude you from bringing any class, collective, or representative action against the Company, and also precludes you from participating in effect when or recovering relief under any current or future class, collective, or representative action brought against the CLAIM is filedCompany by someone else. WHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT BUSINESS DECISION. IT IS YOUR DECISION TO MAKE, AND YOU SHOULD NOT RELY SOLELY UPON THE INFORMATION PROVIDED IN THIS AGREEMENT AS IT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION. YOU may get a copy of these AAA’s Rules by contacting AAA at 0000 XxxxxxxxSHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS — INCLUDING BUT NOT LIMITED TO AN ATTORNEY — REGARDING THE CONSEQUENCES OF YOUR DECISION, 00xx Xxxxx, Xxx Xxxx, XX 00000, calling 0-000-000-0000 or visiting xxx.xxx.xxxJUST AS YOU WOULD WHEN MAKING ANY OTHER IMPORTANT BUSINESS OR LIFE DECISION. The filing fees to begin and carry out arbitration will be shared equally between YOU and USHow This Arbitration Provision Applies. This does not prohibit Arbitration Provision is governed by the arbitrator from giving the winning party their fees and expenses of the arbitration. Unless YOU and WE agree, the arbitration will take place in the county and state where YOU live. The Federal Arbitration Act, 9 U.S.C. § 11 et seq. (the “FAA”) and evidences a transaction involving interstate commerce. This Arbitration Provision applies to any dispute arising out of or related to this Agreement or termination of the Agreement and survives after the Agreement terminates. Nothing contained in this Arbitration Provision shall be construed to prevent or excuse you from utilizing any informal procedure for resolution of complaints established in this Agreement (if any), and this Arbitration Provision is not intended to be a substitute for the utilization of such procedures. Except as it otherwise provides, this Arbitration Provision is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or before any forum other than arbitration, with the exception of proceedings that must be exhausted under applicable law before pursuing a claim in a court of law or in any forum other than arbitration. Except as it otherwise provides, this Arbitration Provision requires all such disputes to be resolved only by an arbitrator through final and binding arbitration on an individual basis only and not by way of court or jury trial, or by way of class, collective, or representative action. Except as provided in Section 13.3(v), below, regarding the Class Action Waiver, such disputes include without limitation disputes arising out of or relating to interpretation or application of this Arbitration Provision, including the enforceability, revocability or validity of the Arbitration Provision or any portion of the Arbitration Provision. All such matters shall be decided by an Arbitrator and not by a court or judge. However, as set forth below, the preceding sentences shall not apply to disputes relating to the interpretation or application of the Class Action Waiver or PAGA Waiver below, including their enforceability, revocability or validity. Except as it otherwise provides, this Arbitration Provision also applies, without limitation, to all disputes between You and the Company, as well as all disputes between You and the Company’s fiduciaries, administrators, affiliates, subsidiaries, parents, and all successors and assigns of any of them, including but not limited to any disputes arising out of or related to this Agreement and disputes arising out of or related to your relationship with the Company, including termination of the relationship. This Arbitration Provision also applies, without limitation, to disputes regarding any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, termination, harassment and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by the Company and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), Genetic Information Non-Discrimination Act, and state statutes, if any, addressing the same or similar subject matters, and all other similar federal and state statutory and common law claims. This Agreement is intended to require arbitration of every claim or dispute that lawfully can be arbitrated, except for those claims and disputes which by the terms of this Agreement are expressly excluded from the Arbitration Provision. Xxxxx X. Xxxx (the individual), Xxxxx X. Xxxx PA, and Xxxxx X. Xxxx PA, LLC (aka XXXXXXXXXXXX.xxx) are all intended third-party beneficiary’s of this Agreement. Limitations on How This Agreement Applies. The disputes and claims set forth below shall not be subject to arbitration and the requirement to arbitrate set forth in this Arbitration Provision shall not apply: A representative action brought on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., will govern and not any state law on arbitration. YOU AGREE AND UNDERSTAND THAT this arbitration provision means that YOU give up YOUR right to go to court on any CLAIM covered by this provision. You also agree that any arbitration proceeding will only consider YOUR CLAIMS. CLAIMS by, or on behalf of, other individuals will not be arbitrated in any proceeding that the extent waiver of such a claim is considering YOUR CLAIMS. In the event this Arbitration provision is not approved by the appropriate state regulatory agency, and/or is stricken, severed, or otherwise deemed unenforceable by a court of competent jurisdiction; Claims for workers compensation, YOU state disability insurance and WE specifically agree unemployment insurance benefits; Regardless of any other terms of this Agreement, nothing prevents you from making a report to waive or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, and forever give up nothing in this Agreement or Arbitration Provision prevents the right investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision. Nothing in this Arbitration Provision shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration; Disputes that may not be subject to a trial pre-dispute arbitration agreement pursuant to applicable Federal law or Executive Order are excluded from the coverage of this Arbitration Provision; Disputes regarding your or XXXXXXXXXXXX.XXX’s intellectual property rights. This Arbitration Provision shall not be construed to require the arbitration of any claims against a contractor that may not be the subject of a mandatory arbitration agreement as provided by jurysection 8116 of the Department of Defense ("DoD") Appropriations Act for Fiscal Year 2010 (Pub. InsteadL. 111-118), section 8102 of the Department of Defense ("DoD") Appropriations Act for Fiscal Year 2011 (Pub. L. 112- 10, Division A), and their implementing regulations, or any successor DoD appropriations act addressing the arbitrability of claims. Selecting the Arbitrator and Location of the Arbitration. The Arbitrator shall be selected by mutual agreement of the Company and you. Unless you and the Company mutually agree otherwise, the Arbitrator shall be an attorney licensed to practice in the event any litigation arises between YOU and US, any such lawsuit location where the arbitration proceeding will be tried before conducted or a judgeretired federal or state judicial officer who presided in the jurisdiction where the arbitration will be conducted. If the Parties cannot agree on an Arbitrator, and then an arbitrator will be selected using the alternate strike method from a jury list of five (5) neutral arbitrators provided by JAMS (Judicial Arbitration & Mediation Services). You will not be impaneled or struck. YOU have the right to return or void this AGREEMENT. YOU may return option of making the AGREEMENT within thirty (30) calendar days after the date YOU purchased the AGREEMENTfirst strike. If YOU return a JAMS arbitrator is used, then the JAMS Streamlined Arbitration Rules & Procedures rules will apply; however, if there is a conflict between the JAMS Rules and this AGREEMENT within Agreement, this Agreement shall govern. Those rules are available here: xxxx://xxx.xxxxxxx.xxx/rules-streamlined-arbitration The location of the applicable time period and no CLAIMS have been paid, the AGREEMENT arbitration proceeding shall be void and WE will refund in the entire AGREEMENT purchase price within thirty (30) days. A ten percent (10%) penalty per month shall be added to a refund that is not paid or credited within thirty (30) days after return city of this AGREEMENT to US. This provision applies only Miami, Florida but you may appear via electronic connection if you so desire, unless each party to the original purchaserarbitration agrees in writing otherwise.

Arbitration Provision. Read the following arbitration provision carefully. It limits certain of YOUR rights, including YOUR right to obtain relief or damages through court action. To begin Arbitration, either YOU or WE must make a written demand to the other party for arbitration. The Important Note Regarding this Arbitration will take place before a single arbitrator. It will be administered in keeping with the Expedited Procedures of the Commercial Provision: i. How This Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”) in effect when the CLAIM is filed. YOU may get a copy of these AAA’s Rules by contacting AAA at 0000 Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, XX 00000, calling 0-000-000-0000 or visiting xxx.xxx.xxx. The filing fees to begin and carry out arbitration will be shared equally between YOU and USProvision Applies. This does not prohibit Arbitration Provision is governed by the arbitrator from giving the winning party their fees and expenses of the arbitration. Unless YOU and WE agree, the arbitration will take place in the county and state where YOU live. The Federal Arbitration Act, 9 U.S.C. § 1, 1 et seq.. (the “FAA”). Except as it otherwise provides, will govern this Arbitration Provision applies to any dispute, past, present or future, arising out of or related to this Agreement or formation or termination of the Agreement and survives after the Agreement terminates. Nothing contained in this Arbitration Provision shall be construed to prevent or excuse you from utilizing any informal procedure for resolution of complaints established in this Agreement (if any), and this Arbitration Provision is not any state law on arbitrationintended to be a substitute for the utilization of such procedures. YOU AGREE AND UNDERSTAND THAT This agreement shall be governed by the FAA even in the event this arbitration provision means that YOU give up YOUR right Arbitration Provision is found to go to court on any CLAIM covered be exempt from the FAA as a matter of law. Any disputes in this regard shall be resolved exclusively by this provision. You also agree that any arbitration proceeding will only consider YOUR CLAIMS. CLAIMS by, or on behalf of, other individuals will not be arbitrated in any proceeding that is considering YOUR CLAIMSan arbitrator. In the event the arbitrator determines the FAA does not apply, the state law governing arbitration agreements in the state in which the majority of your Delivery Services are provided shall apply (or if you have never performed Delivery Services, the state in which you reside). Except as provided in Section 15.3(v), below, regarding the Class Action Waiver and PAGA Waiver, such disputes include disputes arising out of or relating to interpretation, application, enforceability, revocability or validity of this Arbitration provision Provision, or any portion of the Arbitration Provision. This also includes disputes regarding whether the Arbitration Provision is not approved governed by the appropriate state regulatory agency, and/or is stricken, severed, or otherwise deemed unenforceable FAA. All such matters shall be decided by an Arbitrator and not by a court of competent jurisdictionor judge. As set forth in Section 15.3(v), YOU the preceding sentences in this paragraph shall not apply to disputes relating to the Class Action Waiver or PAGA Waiver, defined below, including their interpretation, enforceability, revocability or validity. Except as it otherwise provides, this Arbitration Provision also applies to all disputes between you and WE specifically agree to waive the Company or Uber, as well as all disputes between you and forever give up the right to a trial by jury. InsteadCompany’s or Uber’s fiduciaries, in the event any litigation arises between YOU and USadministrators, any such lawsuit will be tried before a judgeaffiliates, subsidiaries, parents, and a jury will all successors and assigns of any of them, including but not limited to any disputes arising out of or related to this Agreement and disputes arising out of or related to your relationship with the Company or Uber, including the formation or termination of the relationship. Except as it otherwise provides, this Arbitration Provision also applies to disputes regarding any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, termination, harassment, retaliation, discrimination, and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by the Company and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), Genetic Information Non- Discrimination Act, and state statutes, if any, addressing the same or similar subject matters, and all other similar federal, state and/or local statutory and common law claims. This Arbitration Provision is intended to require arbitration of every claim or dispute that lawfully can be impaneled or struckarbitrated, except for those claims and disputes which by the terms of this Arbitration Provision are expressly excluded from arbitration. YOU have Uber Technologies, Inc. is an intended third-party beneficiary of this Agreement and the right to return or void Arbitration Provision. As used in this AGREEMENT. YOU may return Arbitration Provision, “the AGREEMENT within thirty (30) calendar days after the date YOU purchased the AGREEMENT. If YOU return this AGREEMENT within the applicable time period and no CLAIMS have been paid, the AGREEMENT Company” shall be void and WE will refund the entire AGREEMENT purchase price within thirty (30) days. A ten percent (10%) penalty per month shall be added deemed to a refund that is not paid or credited within thirty (30) days after return of this AGREEMENT to US. This provision applies only to the original purchaser.include Uber Technologies, Inc.

Arbitration Provision. Read This Arbitration Provision sets forth the following arbitration provision carefullycircumstances and procedures under which claims (as defined below) shall be arbitrated instead of litigated in court upon the election of either party. It limits certain applies only to disputes between you and the Bank or Program Manager regarding your Card or this Agreement. Solely as used in this Arbitration Provision (Section 29), the terms “we,” “us” and “our” shall for all purposes mean the Bank and the Program Manager (solely in its capacity as Program Manager) and their respective subsidiaries, affiliates, licensees, predecessors, successors, and assigns; and all of YOUR rightstheir agents, employees, directors and representatives. In addition, the terms “we” “us” and “our” shall include any third party using or providing any product, service or benefit in connection with any Cards (including, but not limited to merchants who accept the Card, third parties who use or provide services, debt collectors and all of their agents, employees, directors and representatives) if, and only if, such third party is named as a co-party with us (or files a Claim with or against us) in connection with a Claim asserted by you. Solely as used in this Arbitration Provision, the terms “you” or ”yours” shall mean all persons or entities approved by us or authorized by you to have and/or use a Card (whether approved by us or not), including YOUR right but not limited to obtain relief all persons or damages through court actionentities contractually obligated under the Agreement and all additional cardholders. To begin Arbitration, either YOU or WE must make You may reject this Arbitration Provision by sending us a written demand notice which gives your name, address, email address, and each Card number with a statement that you reject the Arbitration Provision. The rejection notice must be sent by certified mail, return receipt requested, to the other party for arbitration. The Program Manager at Uphold HQ, Inc. Attn: Arbitration will take place before a single arbitrator. It will be administered in keeping with the Expedited Procedures of the Commercial Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”) in effect when the CLAIM is filed. YOU may get a copy of these AAA’s Rules by contacting AAA at 0000 XxxxxxxxRejection Notice, 00xx Xxxxx, 00 Xxxx Xxx Xxxx, XX 00000, calling 0-000-000-0000 or visiting xxx.xxx.xxx. The filing fees to begin and carry out arbitration will be shared equally between YOU and US. This does not prohibit the arbitrator from giving the winning party their fees and expenses of the arbitration. Unless YOU and WE agree, the arbitration will take place in the county and state where YOU live. The Federal Arbitration Act, 9 U.S.C. § 1, et seqXxxxxxx Xxxxx Blvd., will govern Ste. 3D, Larkspur, CA 94939. A rejection notice must be signed by you and not any state law on arbitration. YOU AGREE AND UNDERSTAND THAT this arbitration provision means that YOU give up YOUR right to go to court on any CLAIM covered received by this provision. You also agree that any arbitration proceeding will only consider YOUR CLAIMS. CLAIMS by, or on behalf of, other individuals will not be arbitrated in any proceeding that is considering YOUR CLAIMS. In the event this Arbitration provision is not approved by the appropriate state regulatory agency, and/or is stricken, severed, or otherwise deemed unenforceable by a court of competent jurisdiction, YOU and WE specifically agree to waive and forever give up the right to a trial by jury. Instead, in the event any litigation arises between YOU and US, any such lawsuit will be tried before a judge, and a jury will not be impaneled or struck. YOU have the right to return or void this AGREEMENT. YOU may return the AGREEMENT us within thirty (30) calendar 45 days after the date YOU purchased you receive the AGREEMENTfirst Card issued under this Agreement. If YOU return this AGREEMENT within the applicable time period and no CLAIMS have been paid, the AGREEMENT shall be void and WE Rejection of arbitration will refund the entire AGREEMENT purchase price within thirty (30) days. A ten percent (10%) penalty per month shall be added to a refund that is not paid or credited within thirty (30) days after return affect any other term of this AGREEMENT to US. This provision applies only to the original purchaserAgreement.

Arbitration Provision. Read the following arbitration provision carefully. It limits certain Any dispute, controversy or claim (collectively “Claims”) arising out of YOUR rightsor relating to this Agreement, including YOUR right but not limited to obtain relief Claims arising out of or damages through court action. To begin Arbitrationrelating to any underlying transaction giving rise to this Agreement, either YOU and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or WE must make a written demand to the other party for arbitration. The Arbitration will take place before a single arbitrator. It will rule of law or equity, shall be settled by arbitration administered in keeping with the Expedited Procedures of the Commercial Arbitration Rules (“Rules”) of by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules in effect when at the CLAIM time the arbitration is filedcommenced, and judgment on the award rendered by the arbitrators may be entered in any court of competent jurisdiction. YOU may get You and We also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. Any such arbitration shall be held in Cumberland County, Tennessee, unless You and We mutually agree on a copy different location. We shall select and notify You of these AAA’s Rules Our selection for the first arbitrator and within ten (10) days of Your having received notice of said selection, You shall notify Us of Your selection for the second arbitrator. A third arbitrator shall be selected by contacting AAA at 0000 Xxxxxxxxthe arbitrators named by the aforementioned parties. Each party shall be responsible for its own costs and expenses, 00xx Xxxxx, Xxx Xxxx, XX 00000, calling 0-000-000-0000 or visiting xxx.xxx.xxx. The filing fees to begin and carry out arbitration will be shared equally between YOU and US. This does not prohibit but the arbitrator from giving the winning party their fees costs and expenses of the arbitrationthird arbitrator shall be shared by You and Us. Unless YOU You and WE agree, We understand and agree that this Agreement and the transactions contemplated hereby will have a material connection to interstate commerce and intend that the Federal Arbitration Act applies hereto. An arbitration will take place award may not be set aside except upon the limited circumstances set forth in the county and state where YOU live. The Federal Arbitration Act. The time for commencing an arbitration asserting any Claim shall be determined by reference to the applicable statute(s) of limitations, 9 U.S.C. § 1including the applicable rules governing the commencement of the limitations period, et seq., will govern and not any state law on a Claim in arbitration is barred to the same extent it would be barred if it were asserted in court rather than in arbitration. YOU AGREE AND UNDERSTAND THAT If any portion of this arbitration provision means that YOU give up YOUR right to go to court on any CLAIM covered by Arbitration Provision is deemed invalid or unenforceable, the remaining portions of this provision. You also agree that any arbitration proceeding will only consider YOUR CLAIMS. CLAIMS by, or on behalf of, other individuals will not be arbitrated in any proceeding that is considering YOUR CLAIMSArbitration Provision shall nevertheless remain valid and enforceable. In the event of a conflict or inconsistency between this Arbitration provision Provision and the other provisions of this Agreement or any prior agreement, this Arbitration Provision governs. Nothing herein is not approved by intended or should be construed as consent to class-action or representative arbitration. YOU AND WE AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION; HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION. YOU AND WE AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY. This Paragraph D(1) shall survive the appropriate state regulatory agency, and/or is stricken, severed, or otherwise deemed unenforceable by a court termination of competent jurisdiction, YOU this Agreement. The following additional terms and WE specifically agree conditions apply only to waive and forever give up the right to a trial by jury. Instead, Agreements purchased in the event states indicated below and shall govern to the extent of any litigation arises between YOU and US, any such lawsuit will be tried before express conflict with a judge, and a jury will not be impaneled or struck. YOU have the right to return or void this AGREEMENT. YOU may return the AGREEMENT within thirty (30) calendar days after the date YOU purchased the AGREEMENT. If YOU return this AGREEMENT within the applicable time period and no CLAIMS have been paid, the AGREEMENT shall be void and WE will refund the entire AGREEMENT purchase price within thirty (30) days. A ten percent (10%) penalty per month shall be added to a refund that is not paid or credited within thirty (30) days after return provision of this AGREEMENT to USParagraph D(1) above. This provision applies only For Agreements purchased over the telephone or Internet, refer to the original purchaserstate in which You reside.

Arbitration Provision. Read the following arbitration provision carefully. It limits certain Any dispute, controversy or claim (collectively “Claims”) arising out of YOUR rightsor relating to this Agreement, including YOUR right but not limited to obtain relief Claims arising out of or damages through court action. To begin Arbitrationrelating to any underlying transaction giving rise to this Agreement, either YOU and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or WE must make a written demand to the other party for arbitration. The Arbitration will take place before a single arbitrator. It will rule of law or equity, shall be settled by arbitration administered in keeping with the Expedited Procedures of the Commercial Arbitration Rules (“Rules”) of by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules in effect when at the CLAIM time the arbitration is filedcommenced, and judgment on the award rendered by the arbitrators may be entered in any court of competent jurisdiction. YOU may get You and We also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. Any such arbitration shall be held in Cumberland County, Tennessee, unless You and We mutually agree on a copy different location. We shall select and notify You of these AAA’s Rules Our selection for the first arbitrator and within ten (10) days of Your having received notice of said selection, You shall notify Us of Your selection for the second arbitrator. A third arbitrator shall be selected by contacting AAA at 0000 Xxxxxxxxthe arbitrators named by the aforementioned parties. Each party shall be responsible for its own costs and expenses, 00xx Xxxxx, Xxx Xxxx, XX 00000, calling 0-000-000-0000 or visiting xxx.xxx.xxx. The filing fees to begin and carry out arbitration will be shared equally between YOU and US. This does not prohibit but the arbitrator from giving the winning party their fees costs and expenses of the arbitrationthird arbitrator shall be shared by You and Us. Unless YOU You and WE agree, We understand and agree that this Agreement and the transactions contemplated hereby will have a material connection to interstate commerce and intend that the Federal Arbitration Act applies hereto. An arbitration will take place award may not be set aside except upon the limited circumstances set forth in the county and state where YOU live. The Federal Arbitration Act. The time for commencing an arbitration asserting any Claim shall be determined by reference to the applicable statute(s) of limitations, 9 U.S.C. § 1including the applicable rules governing the commencement of the limitations period, et seq., will govern and not any state law on a Claim in arbitration is barred to the same extent it would be barred if it were asserted in court rather than in arbitration. YOU AGREE AND UNDERSTAND THAT If any portion of this arbitration provision means that YOU give up YOUR right to go to court on any CLAIM covered by Arbitration Provision is deemed invalid or unenforceable, the remaining portions of this provision. You also agree that any arbitration proceeding will only consider YOUR CLAIMS. CLAIMS by, or on behalf of, other individuals will not be arbitrated in any proceeding that is considering YOUR CLAIMSArbitration Provision shall nevertheless remain valid and enforceable. In the event of a conflict or inconsistency between this Arbitration provision Provision and the other provisions of this Agreement or any prior agreement, this Arbitration Provision governs. Nothing herein is not approved by intended or should be construed as consent to class-action or representative arbitration. YOU AND WE AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION; HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION. YOU AND WE AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY. This Paragraph E(1) shall survive the appropriate state regulatory agency, and/or is stricken, severed, or otherwise deemed unenforceable by a court termination of competent jurisdiction, YOU this Agreement. The following additional terms and WE specifically agree conditions apply only to waive and forever give up the right to a trial by jury. Instead, Agreements purchased in the event states indicated below and shall govern to the extent of any litigation arises between YOU and US, any such lawsuit will be tried before express conflict with a judge, and a jury will not be impaneled or struck. YOU have the right to return or void this AGREEMENT. YOU may return the AGREEMENT within thirty (30) calendar days after the date YOU purchased the AGREEMENT. If YOU return this AGREEMENT within the applicable time period and no CLAIMS have been paid, the AGREEMENT shall be void and WE will refund the entire AGREEMENT purchase price within thirty (30) days. A ten percent (10%) penalty per month shall be added to a refund that is not paid or credited within thirty (30) days after return provision of this AGREEMENT to USParagraph E(1) above. This provision applies only For Agreements purchased over the telephone or Internet, refer to the original purchaserstate in which You reside.