Common use of Binding Individual Arbitration Clause in Contracts

Binding Individual Arbitration. You and StrongBox agree to arbitrate all Disputes. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ONLY BE ON A INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION AGAINST STRONGBOX. If any provision of this agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be class arbitration). All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the Florida Rules of Arbitration. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county or parish where you reside. Otherwise, any arbitration hearing will place in Boca Raton, Florida. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The parties will equally share the costs of arbitration and each party shall bear the costs of its own attorneys' fees and costs, unless the arbitrator determines that your claim is frivolous, at which time you will be responsible for all costs, including our attorneys' fees. For purposes of this arbitration provision, references to you and StrongBox also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of StrongBox services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases) will be brought in and you hereby consent to the exclusive jurisdiction and venue in Palm Beach County, Florida.

Binding Individual Arbitration. This arbitration provision does not apply to Military Borrowers. You and StrongBox Bank agree to arbitrate all Disputesdisputes arising under or in connection with this Agreement or Your relationship with Bank (collectively, a “Claim”). This includes Claims made by or against anyone connected to You or Bank and Bank’s subsidiaries, affiliates, agents, employees, predecessors, successors, or assigns (which such assigns shall include, for the avoidance of doubt, any subsequent holders of Your loan) and any authorized users or beneficiaries of the Square Installments program. This also includes Claims made by or against Bank’s service providers, including Square Capital, and which shall include Square Capital’s parent company, subsidiaries, affiliates, agents, employees, predecessors, successors, or assigns and any authorized users or beneficiaries of the Square Installments program. Individual Claims filed in small claims court are not subject to this Arbitration is more informal than a lawsuit Agreement, as long as the Claim remains in court small claims court. The arbitrator alone will have the authority to interpret the scope and seeks to resolve disputes more quickly. Instead enforceability of a judge this section of this Agreement, except that any Claim concerning the scope or a juryenforceability of the prohibition on class, the case will collective, or representative claims, or claims in arbitration for public injunctive relief, must be decided resolved by a neutral arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ONLY BE ON A INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION AGAINST STRONGBOX. If any provision of this agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be class arbitration)competent jurisdiction. All Disputes Claims shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the Florida Rules American Arbitration Association (“AAA”) according to this provision and the applicable AAA rules, which may limit the discovery available to You or to us. You can obtain copies of Arbitrationthe AAA rule and forms by contacting AAA at 0-000-000-0000 or xxx.xxx.xxx. If you are a consumer bringing a claim relating to personal, household, or family use, any Any arbitration hearing that You attend will occur within the county or parish where you reside. Otherwise, any arbitration hearing will take place in Boca Ratonthe federal judicial district where You reside as of the date You execute this Agreement. Square Capital will pay all arbitration fees. The arbitrator will apply applicable substantive law consistent with the Federal Arbitration Act, Florida9 U.S.C. §§ 1-16 (“FAA”) and applicable statutes of limitations, and will honor claims of privilege recognized at law. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. While an arbitrator may award declaratory or injunctive relief, the Arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. The parties arbitrator’s decision and judgment thereon will equally share not have a precedential or collateral estoppel effect on claims asserted by any individual or entity who was not party to the costs of arbitration and each party shall bear the costs of its own attorneys' fees and costs, unless the arbitrator determines that your claim is frivolous, at which time you will be responsible for all costs, including our attorneys' feesarbitration. For purposes If any provision of this arbitration provisionagreement is found unenforceable, references the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). The Arbitration Agreement shall be governed by the FAA. If a court or arbitrator decides that this arbitration agreement cannot be enforced as to you a particular claim for relief, then that claim (and StrongBox also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of StrongBox services. Subject to and without waiver of only that claim) must be severed from the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases) will and may be brought in and you hereby consent to the exclusive jurisdiction and venue in Palm Beach County, Floridacourt.

Binding Individual Arbitration. You Purpose. The term “"Dispute”" means any dispute, claim, or controversy between you and StrongBox any of the Sony Group of Companies entity (“Sony Entity”)Entities regarding any PSN First Party Services or the use of any devices sold by a Sony Entity to access PSN First Party Services, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this "BINDING INDIVIDUAL ARBITRATION" Sectionsection (with the exception of the enforceability of the Class Action Waiver clause below). “"Dispute”" is to be given the broadest possible meaning that will be enforced. If you have a Dispute with any Sony Entity or any of a Sony Entity’sEntity's officers, directors, employees and agents that cannot be resolved through negotiation within the time frame described in the “"Notice of Dispute”" clause below, you and the Sony Entity that you have a Dispute with agree to arbitrate all Disputesseek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Sectionsection, and not litigate any Dispute in court, except for those matters listed in the Exclusions from Arbitration clause. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, means that the case Dispute will be decided resolved by a neutral arbitrator who has the power to award the same damages and relief that instead of in a court canby a judge or jury. ANY RIGHT TO OPT OUT OF BINDING ARBITRATION UNDER AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY SIENAUS IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT WILL UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW. YOUR WRITTEN NOTIFICATION MUST BE ONLY BE ON A INDIVIDUAL BASIS; CLASS ARBITRATIONSMAILED TO 0000 XXXXXX XXXXX, CLASS ACTIONS00XX XXXXX, PRIVATE ATTORNEY GENERAL ACTIONSXXX XXXXXXX, XX 00000, ATTN: LEGAL DEPARTMENT/ARBITRATION AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR PSN FIRST PARTY SERVICES ONLINE ID, IF YOU HAVE ONE, AND CONSOLIDATION (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION AGAINST STRONGBOX. If any provision of this agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be class arbitration). All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the Florida Rules of Arbitration. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county or parish where you reside. Otherwise, any arbitration hearing will place in Boca Raton, Florida. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The parties will equally share the costs of arbitration and each party shall bear the costs of its own attorneys' fees and costs, unless the arbitrator determines that your claim is frivolous, at which time you will be responsible for all costs, including our attorneys' fees. For purposes of this arbitration provision, references to you and StrongBox also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of StrongBox services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases) will be brought in and you hereby consent to the exclusive jurisdiction and venue in Palm Beach County, FloridaANY SONY ENTITY THROUGH ARBITRATION.

Binding Individual Arbitration. You PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THE ARBITRATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. If you live in the United States or another jurisdiction which allows you to agree to arbitration, you and StrongBox Navigation Media agree to arbitrate all DisputesDisputes regardless of whether the Dispute is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, except that each party retains the right: (a) to bring an individual action in small claims court and (b) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Arbitration is more informal than a lawsuit in court and seeks an alternative dispute-resolution procedure that allows us to resolve disputes more quicklyissues without the formality of going to court. Instead of Any dispute between us and you is submitted to a neutral arbitrator (not a judge or jury) for fair and fast resolution. In the event of any dispute, controversy, or difference, arising among or out of, or in relation to, or in connection with the interpretation or performance of this Agreement or any of the terms hereof, or a jurybreach hereof (“Dispute”), the case parties hereto shall promptly conduct informal discussions and negotiations in good faith with a view to resolve such Dispute effecting as nearly as possible the intent and purposes of this Agreement. Any resolution of such Dispute shall be set forth in a writing signed by the parties. If such Dispute cannot be satisfactorily resolved by the Parties themselves through friendly consultation within a period of thirty (30) calendar days after notice by you to Navigation Media of a Dispute, you or Navigation Media may commence an arbitration in accordance with this Agreement. The arbitration shall be initiated and conducted according to either JAMS Streamlines (for claims under $250,000) or the JAMS Comprehensive (for claims over $250,000) arbitration rules and procedure in effect at the time the request for arbitration is made, except as modified herein, including the optional appeal procedure (the “Arbitration Rules”). The Tribunal will consist of one arbitrator having experience in intellectual property and commercial disputes. The place of arbitration will be decided the Los Angeles, California office of JAMS or its successor (“JAMS”). The language to be used in the arbitral proceedings will be English. You and Navigation Media agree that whether a dispute is subject to arbitration under this Agreement will be determined by the arbitrator rather than a neutral arbitrator who has court. Any decision or award will include a written statement stating the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ONLY BE ON A INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION AGAINST STRONGBOX. If any provision decision of this agreement is found unenforceable, the unenforceable provision shall be severed, each claim and the remaining arbitration terms shall be enforced (but in no case shall there be class arbitration)basis for the award, including the arbitrator’s essential factual and legal findings and conclusions. All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered Judgment upon the decision or award rendered by the Florida Rules of Arbitration. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county or parish where you reside. Otherwise, any arbitration hearing will place in Boca Raton, Florida. The arbitrator’s award shall be binding on the parties and arbitrator may be entered as a judgment in any court of competent jurisdictionhaving jurisdiction thereof. The parties Navigation Media will equally share pay its arbitration costs as required by the Arbitration Rules and, in the event that you are able to demonstrate that the costs of arbitration and each party shall bear will be prohibitive as compared to the costs of litigation, we will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation. Each side shall pay his, her, or its own attorneys' ’ fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and/or litigation costs, unless in which case the arbitrator determines shall award fees or costs as required by the applicable law. This Binding Individual Arbitration section survives any termination of this Agreement. Further, although we may revise this Agreement, Privacy Policy, or other related agreements at our discretion, we not have the right to alter this agreement to arbitrate or the rules specified herein with respect to any Dispute once that your claim Dispute has accrued. If any part of this Binding Individual Arbitration section is frivolousdeemed invalid, at which time you will be responsible for all costsunenforceable, including our attorneys' fees. For purposes or illegal, then the balance of this arbitration provisionprovision shall remain in effect and be construed in accordance with its terms as if the invalid, references to you and StrongBox also include respective subsidiariesunenforceable, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of StrongBox services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases) will be brought in and you hereby consent to the exclusive jurisdiction and venue in Palm Beach County, Floridaillegal provision had not been included.

Binding Individual Arbitration. You and StrongBox XIRA agree to arbitrate any and all Disputes. Arbitration is more informal than a lawsuit in court disputes arising out of this Agreement and seeks your access to resolve disputes more quickly. Instead and use of a judge or a jury, the case will be decided Services by a neutral arbitrator who has the power to award the same individual damages and individual relief that a court can. ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ONLY BE ON A AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND . YOU ARE WAIVING YOUR RIGHTS WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST STRONGBOXXIRA. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall will be severed, and the remaining arbitration terms shall will be enforced (but in no case shall will there be a class or representative arbitration). All Disputes shall disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator (the “Arbitrator”) administered by the Florida Rules of ArbitrationAmerican Arbitration Association (xxxxx://xxx.xxx.xxx) according to this Section and the applicable arbitration rules for that forum. Subject to applicable jurisdictional requirements, You may elect to pursue Your claim in Your local small-claims court rather than through arbitration so long as Your matter remains in small claims court and proceeds only on an individual (non-class or non-representative) basis. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you You are a consumer bringing a claim relating to a transaction intended for a personal, household, or family use, any arbitration hearing will occur within the county or parish where you You reside. Otherwise, any arbitration hearing will place occur in Boca RatonSan Diego, FloridaCalifornia, or another mutually agreeable location. The arbitrator’s award shall will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The parties While an arbitrator may award declaratory or injunctive relief, the Arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. An Arbitrator’s decision and judgment thereon will equally share not have a precedential or collateral estoppel effect. XIRA will reimburse the costs of arbitration and each party shall bear fees due to the costs of its own attorneys' American Arbitration Association for individual arbitrations brought in accordance with this section for all claims totaling less than $10,000 unless the Arbitrator determines that Your claims were frivolous. If You prevail on any claim for which You are legally entitled to attorney’s fees, You may seek to recover those fees and costsfrom the arbitrator. For any claim where You are seeking relief, we will not seek to have You pay our attorney’s fees, even if fees might otherwise be awarded, unless the arbitrator Arbitrator determines that your Your claim is was frivolous, at which time you will be responsible for all costs, including our attorneys' fees. For purposes of this arbitration provision, references to you You and StrongBox XIRA also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of StrongBox servicesthe Services. Subject to and without waiver of the arbitration provisions above, you You agree that any judicial proceedings (other than small claims actions in consumer casescases as discussed above) will be brought in and you hereby consent to the exclusive jurisdiction and venue in Palm Beach Countythe state courts in the County of San Diego, FloridaCalifornia, or federal court for the Southern District of California. Any action or proceeding by You relating to any dispute must commence within one year after the cause of action accrues.

Binding Individual Arbitration. You and StrongBox AdWallet agree to arbitrate any and all Disputes. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided Disputes by a neutral arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THIS AGREEMENT THESE GENERAL TERMS WILL BE ONLY BE ON A AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, REPRESENTATIVE ACTIONS AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND . YOU ARE WAIVING YOUR RIGHTS WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST STRONGBOXADWALLET. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall will be severed, and the remaining arbitration terms shall will be enforced (but in no case shall will there be a class or representative arbitration). All Disputes shall will be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the Florida Rules of ArbitrationAmerican Arbitration Association (xxxxx://xxx.xxx.xxx) according to this Section and the applicable arbitration rules for that forum. Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration so long as their matter remains in small claims court and proceeds only on an individual (non-class or non- representative) basis. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county or parish where you reside. Otherwise, any arbitration hearing will place occur in Boca RatonAlbuquerque, FloridaNew Mexico, or another mutually agreeable location. The arbitrator’s award shall will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The We will pay the arbitration fees due to the American Arbitration Association for individual arbitrations brought in accordance with this section. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may seek to recover those fees from the arbitrator. Both parties will equally share agree that the costs prevailing party of arbitration and each party any arbitrated dispute shall bear the costs be entitled to an award of its own their reasonable attorneys' ’ fees and costs, unless with the arbitrator determines that your claim is frivolous, at which time you will be responsible for all costs, including our attorneys' feessum total of such fees and costs not to exceed the amount awarded in such arbitration. For purposes of this arbitration provision, references to you and StrongBox AdWallet also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of StrongBox servicesthe Services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases) will be brought in and you hereby consent to the exclusive jurisdiction and venue in Palm Beach Countythe state courts in the City of Albuquerque, FloridaCounty of Bernalillo, State of New Mexico, or federal court for the District of New Mexico.

Binding Individual Arbitration. You and StrongBox Chexology agree to arbitrate any and all Disputes. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided Disputes by a neutral arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THIS AGREEMENT THESE GENERAL TERMS WILL BE ONLY BE ON A AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, REPRESENTATIVE ACTIONS AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND . YOU ARE WAIVING YOUR RIGHTS WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST STRONGBOXCHEXOLOGY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall will be severed, and the remaining arbitration terms shall will be enforced (but in no case shall will there be a class or representative arbitration). All Disputes shall will be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the Florida Rules of ArbitrationAmerican Arbitration Association (xxxxx://xxx.xxx.xxx) according to this Section and the applicable arbitration rules for that forum. Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration so long as their matter remains in small claims court and proceeds only on an individual (non-class or non-representative) basis. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county or parish where you reside. Otherwise, any arbitration hearing will place occur in Boca RatonNew York, FloridaNew York, or another mutually agreeable location. The arbitrator’s award shall will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The parties We will equally share pay the costs of arbitration and each party shall bear fees due to the costs of its own attorneys' American Arbitration Association for individual arbitrations brought in accordance with this section. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may seek to recover those fees and costsfrom the arbitrator. For any claim where you are seeking relief, we will not seek to have you pay our attorney’s fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim is was frivolous, at which time you will be responsible for all costs, including our attorneys' fees. For purposes of this arbitration provision, references to you and StrongBox Chexology also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of StrongBox servicesthe Services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases) will be brought in and you hereby consent to the exclusive jurisdiction and venue in Palm Beach Countythe state courts in the City and County of New York, FloridaNew York, or federal court for the Southern District of New York.