Common use of Dispute Resolution; Choice of Law Clause in Contracts

Dispute Resolution; Choice of Law. ARBITRATION CLAUSE — IMPORTANT — PLEASE REVIEW — AFFECTS YOUR LEGAL RIGHTS. • EITHER YOU OR INFINITI MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. • IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST INFINITI INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. • DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND INFINITI WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. (a) In accordance with this section, any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, or relating to the Software or Services shall, at your or Infiniti’s election, be resolved by neutral, binding arbitration and not by a court action (the “Arbitration Clause”). If federal law provides that a claim or dispute is not subject to binding arbitration, this Arbitration Clause shall not apply to such claim or dispute. Any claim or dispute is to be arbitrated by a single arbitrator on an individual basis and not as a class action. To the extent permitted by applicable law, the arbitrator cannot hear class or representative claims or requests for relief on behalf of others and you expressly waive any right you may have to proceed in any class or representative action. You may choose one of the following arbitration organizations, and its applicable rules, to conduct the arbitration: JAMS (000-000-0000, xxx.xxxxxxx.xxx), the American Arbitration Association (800-778- 7879, xxx.xxx.xxx), or any other organization subject to our approval. You may get a copy of the rules of an arbitration organization by contacting the organization or visiting its website. (b) Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. The arbitrator shall apply governing substantive law and the applicable statutes of limitations. Unless applicable law provides otherwise, the arbitration hearing shall be conducted in the federal district in which you reside. Infiniti will pay your filing, administration, service and case management fee, your arbitrator and hearing fee and any arbitration appeal fees you incur all up to a maximum of $5,000, unless the law requires Infiniti to pay more. The amount Infiniti pays may be reimbursed in whole or in part by decision of the arbitrator if the arbitrator finds that any of your claims are frivolous under applicable law. Each party shall be responsible for its own attorney, expert, and other fees, unless awarded by the arbitrator under applicable law. If the chosen arbitration organization’s rules conflict with this clause, then the provisions of this clause shall control. The arbitrator’s award shall be final and binding on all parties, except that you may appeal any arbitrator’s award pursuant to the rules of the arbitration organization, and we may only appeal an award against us exceeding $100,000. Any proceeding related to this Arbitration Clause shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et. seq.) and not by any state law concerning arbitration. (c) You retain the right to seek remedies in small claims court for disputes or claims within that court’s jurisdiction, and Infiniti agrees to reimburse your filing fees for such proceedings. You also retain the right to seek individual injunctive relief in court. Neither you nor Infiniti waives the right to arbitrate by filing suit. Any court having jurisdiction may enter judgment on the arbitrator’s award. This Arbitration Clause shall survive any termination of this Agreement. If any part of this Arbitration Clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. If a waiver of class action rights is deemed or found to be unenforceable for any reason in a case in which class action allegations have been made, the remainder of this Arbitration Clause shall be unenforceable. (d) You consent to the following: Any claims relating to the Software or Services will be governed by the laws of the State of Tennessee, excluding the application of its conflicts of law rules. Subject to the foregoing Arbitration Clause, you agree that venue for all actions, relating in any manner to this Agreement, shall be in a federal or state court of competent jurisdiction located in Davidson County, Tennessee.

Dispute Resolution; Choice of Law. ARBITRATION CLAUSE — - IMPORTANT — - PLEASE REVIEW — - AFFECTS YOUR LEGAL RIGHTS. • EITHER YOU OR INFINITI NISSAN MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. • IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST INFINITI NISSAN INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. • DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND INFINITI NISSAN WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. (a) In accordance with this section, any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, or relating to the Software or Services shall, at your or Infiniti’s Nissan's election, be resolved by neutral, binding arbitration and not by a court action (the “"Arbitration Clause”"). If federal law provides that a claim or dispute is not subject to binding arbitration, this Arbitration Clause shall not apply to such claim or dispute. Any claim or dispute is to be arbitrated by a single arbitrator on an individual basis and not as a class action. To the extent permitted by applicable law, the arbitrator cannot hear class or representative claims or requests for relief on behalf of others and you expressly waive any right you may have to proceed in any class or representative action. You may choose one of the following arbitration organizations, and its applicable rules, to conduct the arbitration: JAMS New Era ADR (000-000-0000, xxx.xxxxxxx.xxx), www.-xxxxxxxxx.xxx) or the American Arbitration Association (800-778- 7879, xxx.xxx.xxx), or any other organization subject to our approval. You may get a copy of the rules of an arbitration organization by contacting the organization or visiting its website. Unless modified by this Arbitration Clause, New Era ADR’s arbitration will follow its Virtual Expedited Arbitration Rules and Procedures (xxx.xxxxxxxxx.xxx/xxxxx-xxx-xxxxxxxxxx/), while AAA’s arbitration will adhere to AAA’s Commercial Arbitration Rules (xxx.xxx.xxx). (b) Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. The arbitrator shall apply governing substantive law and the applicable statutes of limitations. Unless applicable law provides otherwise, the arbitration hearing shall be conducted in the federal district in which you reside. Infiniti Nissan will pay your filing, administration, service and case management fee, your arbitrator and hearing fee and any arbitration appeal fees you incur all up to a maximum of $5,000, unless the law requires Infiniti Nissan to pay more. The amount Infiniti Nissan pays may be reimbursed in whole or in part by decision of the arbitrator if the arbitrator finds that any of your claims are frivolous under applicable law. Each party shall be responsible for its own attorney, expert, and other fees, unless awarded by the arbitrator under applicable law. If the chosen arbitration organization’s 's rules conflict with this clause, then the provisions of this clause shall control. The arbitrator’s 's award shall be final and binding on all parties, except that you may appeal any arbitrator’s 's award pursuant to the rules of the arbitration organization, and we may only appeal an award against us exceeding $100,000. Any proceeding related to this Arbitration Clause shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et. seq.) and not by any state law concerning arbitration. (c) You retain the right to seek remedies in small claims court for disputes or claims within that court’s 's jurisdiction, and Infiniti Nissan agrees to reimburse your filing fees for such proceedings. You also retain the right to seek individual injunctive relief in courtcourt except where claims asserting such relief are subject to a separate arbitration agreement between you and Nissan. Except in those limited instances, if one party otherwise files a court action instead of arbitration, all proceedings will be stayed until resolution of any proceedings to compel arbitration, including appeals. Neither you nor Infiniti Nissan waives the right to arbitrate by filing suit. Any court having jurisdiction may enter judgment on the arbitrator’s 's award. This Arbitration Clause shall survive any termination of this Agreement. If any part of this Arbitration Clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. If a waiver of class action rights is deemed or found to be unenforceable for any reason in a case in which class action allegations have been made, the remainder of this Arbitration Clause shall be unenforceable. (d) You consent to the following: Any claims relating to the Software or Services will be governed by the laws of the State of Tennessee, excluding the application of its conflicts of law rules. Subject to the foregoing Arbitration Clause, you agree that venue for all actionsactions filed in court, relating in any manner to this Agreement, shall be in a federal or state court of competent jurisdiction located in Davidson County, Tennessee.

Dispute Resolution; Choice of Law. ARBITRATION CLAUSE — - IMPORTANT — - PLEASE REVIEW — - AFFECTS YOUR LEGAL RIGHTS. • EITHER YOU OR INFINITI MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. • IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST INFINITI INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. • DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND INFINITI WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. (a) In accordance with this section, any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, or relating to the Software or Services shall, at your or Infiniti’s 's election, be resolved by neutral, binding arbitration and not by a court action (the “"Arbitration Clause”"). If federal law provides that a claim or dispute is not subject to binding arbitration, this Arbitration Clause shall not apply to such claim or dispute. Any claim or dispute is to be arbitrated by a single arbitrator on an individual basis and not as a class action. To the extent permitted by applicable law, the arbitrator cannot hear class or representative claims or requests for relief on behalf of others and you expressly waive any right you may have to proceed in any class or representative action. You may choose one of the following arbitration organizations, and its applicable rules, to conduct the arbitration: JAMS New Era ADR (000-000-0000, xxx.xxxxxxx.xxx), www.-xxxxxxxxx.xxx) or the American Arbitration Association (800-778- 7879, xxx.xxx.xxx), or any other organization subject to our approval. You may get a copy of the rules of an arbitration organization by contacting the organization or visiting its website. Unless modified by this Arbitration Clause, New Era ADR’s arbitration will follow its Virtual Expedited Arbitration Rules and Procedures (xxx.xxxxxxxxx.xxx/xxxxx-xxx-xxxxxxxxxx/), while AAA’s arbitration will adhere to AAA’s Commercial Arbitration Rules (xxx.xxx.xxx). (b) Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. The arbitrator shall apply governing substantive law and the applicable statutes of limitations. Unless applicable law provides otherwise, the arbitration hearing shall be conducted in the federal district in which you reside. Infiniti will pay your filing, administration, service and case management fee, your arbitrator and hearing fee and any arbitration appeal fees you incur all up to a maximum of $5,000, unless the law requires Infiniti to pay more. The amount Infiniti pays may be reimbursed in whole or in part by decision of the arbitrator if the arbitrator finds that any of your claims are frivolous under applicable law. Each party shall be responsible for its own attorney, expert, and other fees, unless awarded by the arbitrator under applicable law. If the chosen arbitration organization’s 's rules conflict with this clause, then the provisions of this clause shall control. The arbitrator’s 's award shall be final and binding on all parties, except that you may appeal any arbitrator’s 's award pursuant to the rules of the arbitration organization, and we may only appeal an award against us exceeding $100,000. Any proceeding related to this Arbitration Clause shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et. seq.) and not by any state law concerning arbitration. (c) You retain the right to seek remedies in small claims court for disputes or claims within that court’s 's jurisdiction, and Infiniti agrees to reimburse your filing fees for such proceedings. You also retain the right to seek individual injunctive relief in courtcourt except where claims asserting such relief are subject to a separate arbitration agreement between you and Infiniti. Except in those limited instances, if one party otherwise files a court action instead of arbitration, all proceedings will be stayed until resolution of any proceedings to compel arbitration, including appeals. Neither you nor Infiniti waives the right to arbitrate by filing suit. Any court having jurisdiction may enter judgment on the arbitrator’s 's award. This Arbitration Clause shall survive any termination of this Agreement. If any part of this Arbitration Clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. If a waiver of class action rights is deemed or found to be unenforceable for any reason in a case in which class action allegations have been made, the remainder of this Arbitration Clause shall be unenforceable. (d) You consent to the following: Any claims relating to the Software or Services will be governed by the laws of the State of Tennessee, excluding the application of its conflicts of law rules. Subject to the foregoing Arbitration Clause, you agree that venue for all actionsactions filed in court, relating in any manner to this Agreement, shall be in a federal or state court of competent jurisdiction located in Davidson County, Tennessee.

Dispute Resolution; Choice of Law. ARBITRATION CLAUSE — IMPORTANT — PLEASE REVIEW — AFFECTS YOUR LEGAL RIGHTS. • EITHER YOU OR INFINITI NISSAN MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. • IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST INFINITI NISSAN INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. • DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND INFINITI NISSAN WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. (a) In accordance with this section, any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, or relating to the Software or Services shall, at your or InfinitiNissan’s election, be resolved by neutral, binding arbitration and not by a court action (the “Arbitration Clause”). If federal any federal, provincial or local law provides that a claim or dispute is not subject to binding arbitration, this Arbitration Clause shall not apply to such claim or dispute. Any claim or dispute is to be arbitrated by a single arbitrator on an individual basis and not as a class action. To the extent permitted by applicable law, the arbitrator cannot hear class or representative claims or requests for relief on behalf of others and you expressly waive any right you may have to proceed in any class or representative action. You may choose one of the following arbitration organizations, and its applicable rules, to conduct the arbitration: JAMS ADR Institute of Canada (000-000-0000, xxx.xxxxxxx.xxxxxx.xxxxx.xx), the American Arbitration Association (800-778- 7879, xxx.xxx.xxx), or any other organization subject to our approval. You may get a copy of the rules of an arbitration organization by contacting the organization or visiting its website. (b) Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. The arbitrator shall apply governing substantive law and the applicable statutes of limitations. Unless applicable law provides otherwise, the arbitration hearing shall be conducted in one of the federal district in which you residefollowing locations of your choice: Toronto, Ontario; Montreal, Quebec; Calgary, Alberta and Vancouver, British Columbia. Infiniti Nissan will not pay your filing, administration, service and case management fee, your arbitrator and hearing fee and any arbitration appeal fees you incur all up to a maximum of $5,000incur, unless the law requires Infiniti Nissan to pay morepay. The amount Infiniti Nissan pays may be reimbursed in whole or in part by decision of the arbitrator if the arbitrator finds that any of your claims are frivolous under applicable law. Each party shall be responsible for its own attorney, expert, and other fees, unless awarded by the arbitrator under applicable law. If the chosen arbitration organization’s rules conflict with this clause, then the provisions of this clause shall control. The arbitrator’s award shall be final and binding on all parties, except that you may appeal any arbitrator’s award pursuant to the rules of the arbitration organization, and we may only appeal an award against us exceeding $100,000. Any proceeding related to this Arbitration Clause shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et. seq.) and not by any state law concerning arbitration. (c) You retain the right to seek remedies in small claims court for disputes or claims within that court’s jurisdiction, and Infiniti agrees to reimburse your filing fees for such proceedings. You also retain the right to seek individual injunctive relief in court. Neither you nor Infiniti Nissan waives the right to arbitrate by filing suit. Any court having jurisdiction may enter judgment on the arbitrator’s award. This Arbitration Clause shall survive any termination of this Agreement. If any part of this Arbitration Clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. If a waiver of class action rights is deemed or found to be unenforceable for any reason in a case in which class action allegations have been made, the remainder of this Arbitration Clause shall be unenforceable. (d) You consent to the following: Any claims relating to the Software or Services will be governed by the laws of the State Province of TennesseeOntario and the federal laws of Canada applicable therein, excluding the application of its conflicts of law rules. Subject to the foregoing Arbitration Clause, you agree that venue for all actions, relating in any manner to this Agreement, shall be in a federal or state court of competent jurisdiction located in Davidson CountyToronto, TennesseeOntario.