Common use of Dispute Resolution; Arbitration Clause in Contracts

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

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

Dispute Resolution; Arbitration. This Service Agreement requires (a) At the option of Company or Executive, and to the extent permitted by applicable law, any dispute, controversy or question arising under, based on or relating to this Agreement, or any breach or failure to comply with the terms hereof (each a “Dispute”), shall be finally and exclusively resolved by binding arbitration if there is an unresolved dispute between You and Us concerning this Service Agreement (including the Cost of, lack of or actual repair or replacement arising from a Breakdown). Under this Arbitration provision, You give up Your right to resolve any dispute arising from this Service Agreement administered by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations. Any dispute on the application of this arbitration provision will be made by the local court of law in the county and state where You live. Notwithstanding this arbitration provision, You are not prohibited from bringing an action in Small Claims Court to resolve Your dispute. The Consumer Arbitration Rules of the American Arbitration Association (xxx.xxx.xxx“AAA”) will apply under its Commercial Arbitration Rules (the “AAA Rules”). Unless otherwise agreed by the Parties, arbitration of any Dispute shall be conducted before a single arbitrator selected by the Parties and the forum and venue for such arbitration shall be AAA’s Los Angeles Regional Center in Los Angeles, California. Each Party hereby submits to AAA and the selected forum for the arbitration of any Dispute, waives any objection to the venue of such arbitration, and agrees that service of process and other notices, pleadings and documents in any arbitration under or proceeding hereunder may be delivered to a Party in accordance with the provisions governing “Notices” in this Service Agreement. To start . (b) If the Parties are unable to agree upon a neutral arbitrator within thirty (30) days after a Party notifies the other Party in writing of its intent to submit a Dispute to arbitration, either You Party may apply to AAA for the appointment of an arbitrator or, if AAA is not then in existence or We must make a written demand declines to act, either Party may apply to the other party for arbitration. You may make written demand directly to Us at [000 Xxxx Xxxxxxx Xxxx., Chicago, IL 60604, Attn: Law Department]. This demand must be made within one year Presiding Judge of the earlier of: I. Superior Court of any county in the State of California for the appointment of a neutral arbitrator to hear the Parties and settle the Dispute and such Judge is hereby authorized to make such appointment. (c) If the Parties so agree in writing, and subject to the consent of the single arbitrator, hearings and proceedings conducted in the arbitration of any Dispute hereunder may be conducted remotely by secure video conferencing technology that is acceptable to the Parties. (d) The date decision or award of the Breakdown occurred arbitrator shall be in writing and shall set forth detailed reasoning for the award. Discovery shall be conducted expeditiously, bearing in mind the objective of limiting discovery and expediting the decision or award of the date arbitrator at the dispute arose, or IImost reasonable cost and expense to the Parties. The applicable statute of limitations period if that period is longer. One mutually agreed upon arbitrator will be identified. We will advance to You all or part decision of the fees of arbitrator shall be final, conclusive and binding on the AAA Parties and no action at law or in equity shall be instituted or, if instituted, prosecuted by either Party other than to enforce the award of the arbitrator. The arbitrator Judgment upon an award rendered pursuant to such arbitration may otherwise allocate these fees. Unless otherwise agreed be entered in any court having jurisdiction or application may be made to by You and Us, the arbitration will take place in the county and state in which You live. The procedural rules such court for arbitration shall be governed by the Federal Arbitration Act (9 U.S.C.A. § 1 et. seq.) and not by any state law concerning arbitration. The laws a judicial acceptance of the state award and/or an order of Illinois (without giving effect to its conflict of law principles) govern all substantive matters arising out of or relating to this Service Agreement and all transactions contemplated by this Service Agreementenforcement, including, without limitation, as the validity, interpretation, construction, performance and enforcement of this Service Agreement. In the event either party files a claim(s) against the other, resulting in a ruling that a portion of this Service Agreement is unenforceable, the portion of this Service Agreement that has been ruled to be unenforceable shall be severed, and the remaining provisions shall be enforced. However, if the portion of the Service Agreement that was ruled to be unenforceable is or includes the above waiver of class action rights, then this Service Agreement shall be unenforceable in its entiretycase may be.

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

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

Dispute Resolution; Arbitration. (a) This Service Agreement requires binding arbitration if there is an unresolved dispute paragraph concerns the resolution of any controversies or claims between You the Company and Us concerning the Executive (except for claims arising under Section 9), whether arising in contract, tort or by statute, including but not limited to controversies or claims that arise out of or relate to: (i) this Service Agreement (including any renewals, extensions or modifications); or (ii) any document related to this Agreement; (collectively a “Claim”). (b) At the Cost of, lack request of the Company or actual repair or replacement arising from a Breakdown). Under this Arbitration provision, You give up Your right to resolve any dispute arising from this Service Agreement by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigationthe Executive, any class arbitration or any consolidation of individual arbitrationsClaim shall be resolved by binding arbitration. Any dispute on The Company will pay the application of this arbitration provision filing fees and arbitrator fees. The prevailing party to be awarded fees and costs. (c) Arbitration proceedings will be made conducted by the local court of law in the county and state where You live. Notwithstanding this arbitration provision, You are not prohibited from bringing an action in Small Claims Court to resolve Your dispute. The Consumer Arbitration Rules of the American Arbitration Association or any successor thereof (xxx.xxx.xxx) will apply to any arbitration under this Service Agreement. To start arbitration“AAA”), either You or We must make a written demand to and the other party for arbitration. You may make written demand directly to Us at [000 Xxxx Xxxxxxx Xxxx., Chicago, IL 60604, Attn: Law Department]. This demand must be made within one year of the earlier of: I. The date the Breakdown occurred or the date the dispute arose, or II. The applicable statute of limitations period if that period is longer. One mutually agreed upon arbitrator will be identified. We will advance to You all or part of the fees of the AAA and of the arbitrator. The arbitrator may otherwise allocate these fees. Unless otherwise agreed to by You and Us, the arbitration will take place in the county and state in which You live. The procedural rules for arbitration shall be governed by the Federal Arbitration Act (9 U.S.C.A. § 1 et. seq.) and not by any state law concerning arbitration. The laws of the state of Illinois (without giving effect to its conflict of law principles) govern all substantive matters arising out of or relating to this Service Agreement and all transactions contemplated by this Service Agreement, including, without limitation, the validity, interpretation, construction, performance and enforcement terms of this Service Agreementparagraph. In the event either party files a claim(s) against of any inconsistency, the other, resulting in a ruling that a portion terms of this Service Agreement is unenforceable, the portion of this Service Agreement that has been ruled to be unenforceable paragraph shall control. (d) The arbitration shall be severed, administered by AAA under employment rules and conducted in Florida. All Claims shall be determined by one arbitrator. All arbitration hearings shall commence within 90 days of the demand for arbitration and close within 90 days of commencement and the remaining provisions award of the arbitrator(s) shall be enforcedissued within 30 days of the close of the hearing. However, if the portion arbitrator, upon a showing of good cause, may extend the commencement of the Service Agreement that was ruled hearing for up to an additional 60 days. The arbitrator(s) shall provide a concise written statement of reasons for the award. The arbitration award may be submitted to any court having jurisdiction to be unenforceable confirmed and enforced. (e) The arbitrator(s) will have the authority to decide whether any Claim is barred by the statute of limitations and, if so, to dismiss the arbitration on that basis. For purposes of the application of the statute of limitations, the service on AAA under applicable AAA rules of a notice of Claim is the equivalent of the filing of a lawsuit. Any dispute concerning this arbitration provision or includes the above waiver of class action rights, then this Service Agreement whether a Claim is arbitrable shall be unenforceable determined by the arbitrator(s). The arbitrator(s) shall have the power to award legal fees pursuant to the terms of this Agreement. (f) By agreeing to binding arbitration, the parties irrevocably and voluntarily waive any right they may have to a trial by jury in its entiretyrespect of any Claim. Furthermore, without intending in any way to limit this agreement to arbitrate, to the extent any Claim is not arbitrated, the parties irrevocably and voluntarily waive any right they may have to a trial by jury in respect of such Claim. This provision is a material inducement for the parties entering into this Agreement.

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

Dispute Resolution; Arbitration. This Service Agreement requires binding arbitration if there is an unresolved dispute between You The Parties shall negotiate in good faith and Us concerning this Service Agreement (including the Cost ofuse reasonable efforts to settle any dispute, lack of controversy or actual repair or replacement claim arising from or related to this Agreement. If the Parties do not fully settle, and a Breakdown). Under this Arbitration provisionParty wishes to pursue the matter, You give up Your right to resolve any each such dispute arising from this Service Agreement shall be finally resolved by arbitration before a judge and/or a jury. You also agree not to participate as a class representative or class member single arbitrator in any class action litigation, any class arbitration or any consolidation of individual arbitrations. Any dispute on accordance with the application of this arbitration provision will be made by the local court of law in the county and state where You live. Notwithstanding this arbitration provision, You are not prohibited from bringing an action in Small Claims Court to resolve Your dispute. The Consumer Commercial Arbitration Rules of the American Arbitration Association (xxx.xxx.xxx“AAA”) will apply then pertaining, except where those rules conflict with this provision, in which case this provision controls. The Parties hereby consent to the jurisdiction of the Federal District Court for the Southern District of New York for the enforcement of these provisions and the entry of judgment on any arbitration award rendered under this Service AgreementSection 9.10. To start arbitrationShould such court for any reason lack jurisdiction, either You or We must make a written demand to the other party for arbitration. You may make written demand directly to Us at [000 Xxxx Xxxxxxx Xxxx., Chicago, IL 60604, Attn: Law Department]. This demand must be made within one year of the earlier of: I. The date the Breakdown occurred or the date the dispute arose, or II. The applicable statute of limitations period if that period is longer. One mutually agreed upon arbitrator will be identified. We will advance to You all or part of the fees of the AAA any court with jurisdiction shall enforce this clause and of the arbitratorenter judgment on any award. The arbitrator may otherwise allocate these fees. Unless otherwise agreed to by You and Us, the arbitration will take place shall be an attorney specializing in the county and state in which You livebusiness litigation who has at least 15 years of experience with a law firm or corporation of over 25 lawyers or was a judge of a court of general jurisdiction. The procedural rules for arbitration shall be held in New York City and the arbitrator shall apply the substantive law of New York, except that the interpretation and enforcement of this arbitration provision shall be governed by the Federal Arbitration Act (9 U.S.C.A. § 1 etAct. seqWithin 30 days of initiation of arbitration, the parties shall reach agreement upon and thereafter follow procedures assuring that the arbitration will be concluded and the award rendered within no more than six months from selection of the arbitrator. Failing such agreement, the AAA will design and the parties will follow such procedures. Each Party has the right before or during the arbitration to seek and obtain from the appropriate court provisional remedies such as attachment, preliminary injunction, replevin, etc.) and not by any state law concerning , to avoid irreparable harm, maintain the status quo or preserve the subject matter of the arbitration. The laws of the state of Illinois (without giving effect to its conflict of law principles) govern all substantive matters arising out of or relating to this Service Agreement and all transactions contemplated by this Service AgreementTHE ARBITRATOR SHALL NOT AWARD ANY PARTY PUNITIVE, includingEXEMPLARY OR CONSEQUENTIAL DAMAGES, without limitation, the validity, interpretation, construction, performance and enforcement of this Service Agreement. In the event either party files a claim(s) against the other, resulting in a ruling that a portion of this Service Agreement is unenforceable, the portion of this Service Agreement that has been ruled to be unenforceable shall be severed, and the remaining provisions shall be enforced. However, if the portion of the Service Agreement that was ruled to be unenforceable is or includes the above waiver of class action rights, then this Service Agreement shall be unenforceable in its entiretyAND EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO SEEK SUCH DAMAGES.

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

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

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

Dispute Resolution; Arbitration. Notice of such cancellation will be in writing and given at least thirty (30) days prior to cancellation. If We cancel, the return premium is This Service Agreement requires binding arbitration if there is an unresolved dispute between You and Us concerning this Service Agreement (including the Cost cost of, lack of or actual repair or replacement arising from a Breakdownfailure). Under this Arbitration provision, You give up Your right to resolve any dispute arising from this Service Agreement by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations. Any dispute In arbitration, a group of three arbitrators (each of whom is an independent, neutral third party) will give a decision after hearing Your and Our positions. The decision of a majority of the arbitrators will determine the outcome of the arbitration and the decision of the arbitrators shall be final and binding and cannot be reviewed or changed by, or appealed to, a based upon one-hundred percent (100%) of the unearned pro-rata premium. We also may immediately cancel this Agreement and You will not be entitled to a refund if You fail to make any payment when due, if You fail to provide a location that is a home or office environment that is conducive to computer repair, if You insist on service to be provided at varying locations, if You fail to properly restrain a pet, if You threaten the application of this arbitration provision will Servicer either verbally or physically, if Your location or the general area where the System is located is dangerous, infested with insects, rodents pests, biohazards, human or animal excrement and/or chemicals as reasonably determined to be made unsafe by the local Servicer. court of law in the county and state where law. Neither We nor You live. Notwithstanding this arbitration provision, You are not prohibited from bringing an may institute any action in Small Claims Court to resolve Your dispute. The Consumer Arbitration Rules of the American Arbitration Association (xxx.xxx.xxx) will apply to any arbitration under this Service Agreement. form arising out To start arbitration, either You or We must make a written demand to the other party for arbitration. You may make written demand directly to Us at [000 Xxxx Xxxxxxx Xxxx., Chicago, IL 60604, Attn: Law Department]. This demand must be made within one (1) year of the earlier of: I. The of the date the Breakdown failure occurred or the date of this Agreement more than eighteen (18) months after the dispute arosecause of action has arisen, or II. The applicable statute of limitations period if that period is longer. One mutually agreed upon arbitrator will be identified. We will advance to You all or part of the fees of the AAA and of the arbitrator. The arbitrator may otherwise allocate these fees. Unless otherwise agreed to by You and Us, the arbitration will take place in the county and state in which You live. The procedural rules for arbitration shall be governed by case of nonpayment, more than eighteen (18) months from the Federal Arbitration Act (9 U.S.C.A. § 1 et. seqdate of last payment.) and not by any state law concerning arbitration. The laws of the state of Illinois (without giving effect to its conflict of law principles) govern all substantive matters arising out of or relating to this Service Agreement and all transactions contemplated by this Service Agreement, including, without limitation, the validity, interpretation, construction, performance and enforcement of this Service Agreement. In the event either party files a claim(s) against the other, resulting in a ruling that a portion of this Service Agreement is unenforceable, the portion of this Service Agreement that has been ruled to be unenforceable shall be severed, and the remaining provisions shall be enforced. However, if the portion of the Service Agreement that was ruled to be unenforceable is or includes the above waiver of class action rights, then this Service Agreement shall be unenforceable in its entirety.

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

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

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