Common use of Exceptions to Arbitration Clause in Contracts

Exceptions to Arbitration. The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; (c) any claim for injunctive relief; and (d) any Dispute that may be brought in small claims court. Opt Out of Arbitration You may opt out of the binding arbitration described in this section by sending us written notice of your desire to do so by email at xxxxxxx@xxxx.xxxxxxx (such notice, an “Arbitration Opt-out Notice”) within thirty (30) days following the date you first agree to these Terms of Use, or within thirty (30) days of the date we modify this Dispute Resolution section as indicated in the “Last updated” date above or in the date of our email to you notifying you of such change. If you don’t provide us with an Arbitration Opt-out Notice within the relevant thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in the “Exceptions to Arbitration” provision above. Arbitration Rules The Federal Arbitration Act governs the interpretation and enforcement of this Dispute Resolution section. All Disputes will be arbitrated before a single arbitrator experienced in the software industry who is jointly selected and mutually approved by you and us or, if you and we are unable to or fail to agree on the selection of the arbitrator within fifteen (15) days of the demand for arbitration being served, who is appointed by Judicial Arbitration and Mediation Services (JAMS) in accordance with its rules. The arbitration will be administered by JAMS pursuant to the JAMS Streamlined Arbitration Rules and Procedures (and in accordance with the expedited procedures in those rules) (the “JAMS Rules”), except as modified by this Dispute Resolution section. In the event of a conflict between the JAMS Rules and this Dispute Resolution section, this Dispute Resolution section shall control, subject to countervailing law, unless the Parties agree otherwise. The arbitrator’s award of damages must be consistent with the terms of the “Limitations of Liability” section below as to the types and amounts of damages for which a Party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at xxxx://xxx.xxxxxxx.xxx or 0-000-000-0000.

Exceptions to Arbitration. The Parties agree that This Arbitration Agreement shall not require arbitration of the following Disputes types of claims: (1) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction; (2) a representative action brought on behalf of others under PAGA or other private attorneys general acts, to the extent the representative PAGA Waiver in Section 17(c) of such action is deemed unenforceable by a court of competent jurisdiction under applicable law not preempted by the FAA; (3) claims for workers’ compensation, state disability insurance and unemployment insurance benefits; (4) claims that may not be subject to arbitration as a matter of generally applicable law not preempted by the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; (c) any claim for injunctive reliefFAA; and (d5) any Dispute that may be individual claims of sexual assault or sexual harassment in connection with the use of the Lyft Platform or Rideshare Services. Where these claims are brought in small a court of competent jurisdiction, Lyft will not require arbitration of those claims. Lyft's agreement not to require arbitration of these claims court. Opt Out does not waive the enforceability of any other provision of this Arbitration You may opt out Agreement (including without limitation the waivers provided in Section 17(b)), or of the binding arbitration described enforceability of this Arbitration Agreement as to any other dispute, claim, or controversy. Nothing in this section by sending us written notice Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of your desire to do so by email at xxxxxxx@xxxx.xxxxxxx Labor, Securities Exchange Commission, National Labor Relations Board (such notice, an “Arbitration Opt-out NoticeNLRB”) within thirty (30) days following the date you first agree to these Terms of Use), or within thirty (30) days Office of the date we modify Federal Contract Compliance Programs, or similar local, state or federal agency, and nothing in this Dispute Resolution section as indicated in the “Last updated” date above or in the date of our email to you notifying you of such change. If you don’t provide us with an Arbitration Opt-out Notice within the relevant thirty (30) day period, you will Agreement shall be deemed to have preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration However, should you bring an administrative claim, you may only seek or recover money damages of any type pursuant to this Arbitration Provision, and you knowingly and intentionally waived your voluntarily waive the right to litigate seek or recover money damages of any Dispute type pursuant to any administrative complaint, except as expressly set forth for a complaint issued by the NLRB. Should you participate in the “Exceptions an NLRB proceeding, you may only recover money damages if such recovery does not arise from or relate to Arbitration” provision abovea claim previously adjudicated under this Arbitration Provision or settled by you. Similarly, you may not recover money damages under this Arbitration Rules The Federal Arbitration Act governs the interpretation and enforcement of this Dispute Resolution section. All Disputes will be arbitrated before a single arbitrator experienced in the software industry who is jointly selected and mutually approved by you and us or, Provision if you and we are unable to or fail to agree on the selection of the arbitrator within fifteen (15) days of the demand for arbitration being served, who is appointed by Judicial Arbitration and Mediation Services (JAMS) in accordance with its rules. The arbitration will be administered by JAMS pursuant to the JAMS Streamlined Arbitration Rules and Procedures (and in accordance have already adjudicated such claim with the expedited procedures NLRB. Nothing in those rules) (the “JAMS Rules”)this Agreement or Arbitration Agreement prevents your participation in an investigation by a government agency of any report, except as modified claim or charge otherwise covered by this Dispute Resolution section. In the event of a conflict between the JAMS Rules and this Dispute Resolution section, this Dispute Resolution section shall control, subject to countervailing law, unless the Parties agree otherwise. The arbitrator’s award of damages must be consistent with the terms of the “Limitations of Liability” section below as to the types and amounts of damages for which a Party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at xxxx://xxx.xxxxxxx.xxx or 0-000-000-0000Arbitration Provision.

Exceptions to Arbitration. The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief; and (d) . If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that may portion of this provision found to be brought in small claims illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court. Opt Out of Arbitration You may opt out of REFUND POLICY **Read carefully before making a donation or payment.** No refunds. Program payments - Given that the binding arbitration described in this section by sending us written notice of your desire to do so by email at xxxxxxx@xxxx.xxxxxxx (such notice, an “Arbitration Opt-out Notice”) within thirty (30) days following the date you first agree to these Terms of Use, or within thirty (30) days of the date we modify this Dispute Resolution section as indicated in the “Last updated” date above or in the date of our email to you notifying you of such change. If you don’t provide us with an Arbitration Opt-out Notice within the relevant thirty (30) day period, you will be deemed to have knowingly preparations and intentionally waived your right to litigate any Dispute except as expressly set forth in the “Exceptions to Arbitration” provision above. Arbitration Rules The Federal Arbitration Act governs the interpretation and enforcement of this Dispute Resolution section. All Disputes will be arbitrated before resources dedicated for a single arbitrator experienced in the software industry who is jointly selected and mutually approved by you and us or, if you and we given program— which are unable to or fail to agree directly dependent on the selection of the arbitrator within fifteen (15) days of the demand for arbitration being servedparticipant headcount—refunds will not be given. Therefore, who is appointed by Judicial Arbitration and Mediation Services (JAMS) in accordance with its rules. The arbitration will we encourage registrants to be administered by JAMS pursuant clear about their decision to the JAMS Streamlined Arbitration Rules and Procedures (and in accordance with the expedited procedures in those rules) (the “JAMS Rules”), except as modified by this Dispute Resolution sectionattend a program before making any payment. In the rare event of a conflict between refund for program fees is considered, the JAMS Rules refund processing time could take up to 90 days and this Dispute Resolution section, this Dispute Resolution section shall control, is subject to countervailing the restrictions/ permission, if any, or any other applicable law. All queries should be addressed to xxxxxxxx@xxxxxxxxxxx.xxx **Policy Subject to Change without notice. Please check for updates** DONATIONS: By contributing to Kailaasa, unless you acknowledge that the Parties agree otherwise. The arbitrator’s award of damages must be consistent with the terms Kailaasa has full control of the “Limitations donated funds/items and full discretion to insure that they are used in furtherance of Liability” section below as Kailaasa’s mission, vision and charitable purposes. All queries should be addressed to xxxxxxxx@xxxxxxxxxxx.xxx CORRECTIONS There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the types Site, including descriptions, pricing, availability, and amounts of damages for which a Party may be held liablevarious other information. The arbitrator may award declaratory We reserve the right to correct any errors, inaccuracies, or injunctive relief only in favor of omissions and to change or update the claimant and only to information on the extent necessary to provide relief warranted by the claimant’s individual claim. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS Site at xxxx://xxx.xxxxxxx.xxx or 0-000-000-0000any time, without prior notice.

Exceptions to Arbitration. The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; (c) any claim for injunctive relief; and (d) any Dispute that may be brought in small claims court. Opt Out of Arbitration You may opt out of the binding arbitration described in this section by sending us written notice of your desire to do so by email at xxxxxxx@xxxx.xxxxxxx xxxxxxx@xxxxxxx.xxx (such notice, an “Arbitration Opt-out Notice”) within thirty (30) days following the date you first agree to these Terms of Use, or within thirty (30) days of the date we modify this Dispute Resolution section as indicated in the “Last updated” date above or in the date of our email to you notifying you of such change. If you don’t provide us with an Arbitration Opt-out Notice within the relevant thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in the “Exceptions to Arbitration” provision above. Arbitration Rules The Federal Arbitration Act governs the interpretation and enforcement of this Dispute Resolution section. All Disputes will be arbitrated before a single arbitrator experienced in the software industry who is jointly selected and mutually approved by you and us or, if you and we are unable to or fail to agree on the selection of the arbitrator within fifteen (15) days of the demand for arbitration being served, who is appointed by Judicial Arbitration and Mediation Services (JAMS) in accordance with its rules. The arbitration will be administered by JAMS pursuant to the JAMS Streamlined Arbitration Rules and Procedures (and in accordance with the expedited procedures in those rules) (the “JAMS Rules”), except as modified by this Dispute Resolution section. In the event of a conflict between the JAMS Rules and this Dispute Resolution section, this Dispute Resolution section shall control, subject to countervailing law, unless the Parties agree otherwise. The arbitrator’s award of damages must be consistent with the terms of the “Limitations of Liability” section below as to the types and amounts of damages for which a Party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at xxxx://xxx.xxxxxxx.xxx or 0-000-000-0000.

Exceptions to Arbitration. The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief; and (d) . If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that may portion of this provision found to be brought in small claims court. Opt Out illegal or unenforceable and such Dispute shall be decided by a court of Arbitration You may opt out of the binding arbitration described in this section by sending us written notice of your desire to do so by email at xxxxxxx@xxxx.xxxxxxx (such notice, an “Arbitration Opt-out Notice”) within thirty (30) days following the date you first agree to these Terms of Use, or within thirty (30) days of the date we modify this Dispute Resolution section as indicated in the “Last updated” date above or in the date of our email to you notifying you of such change. If you don’t provide us with an Arbitration Opt-out Notice competent jurisdiction within the relevant thirty (30) day periodcourts listed for jurisdiction above, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in the “Exceptions to Arbitration” provision above. Arbitration Rules The Federal Arbitration Act governs the interpretation and enforcement of this Dispute Resolution section. All Disputes will be arbitrated before a single arbitrator experienced in the software industry who is jointly selected and mutually approved by you and us or, if you and we are unable to or fail to agree on the selection of the arbitrator within fifteen (15) days of the demand for arbitration being served, who is appointed by Judicial Arbitration and Mediation Services (JAMS) in accordance with its rules. The arbitration will be administered by JAMS pursuant to the JAMS Streamlined Arbitration Rules and Procedures (and in accordance with the expedited procedures in those rules) (the “JAMS Rules”), except as modified by this Dispute Resolution section. In the event of a conflict between the JAMS Rules and this Dispute Resolution section, this Dispute Resolution section shall control, subject to countervailing law, unless the Parties agree otherwise. The arbitrator’s award of damages must be consistent with the terms of the “Limitations of Liability” section below as to submit to the types and amounts personal jurisdiction of damages for which a Party that court. CORRECTIONS There may be held liableinformation on the Site that contains typographical errors, inaccuracies; or omissions, including descriptions, pricing, availability; and various other information. The arbitrator may award declaratory We reserve the right to correct any errors, inaccuracies, or injunctive relief only in favor omissions and to change or update the information on the Site at any time, without prior notice. LIMITATIONS OF LIABILITY IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. INDEMNIFICATION You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of the claimant our respective officers, agents. partners, and only employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to the extent necessary to provide relief warranted by the claimant’s individual claim. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at xxxx://xxx.xxxxxxx.xxx or 0-000-000-0000.arising out of:

Exceptions to Arbitration. The Parties agree that This Arbitration Agreement shall not require arbitration of the following Disputes types of claims: (1) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction; (2) a representative action brought on behalf of others under PAGA or other private attorneys general acts, to the extent the representative PAGA Waiver in Section 17(c) of such action is deemed unenforceable by a court of competent jurisdiction under applicable law not preempted by the FAA; (3) claims for workers’ compensation, state disability insurance and unemployment insurance benefits; (4) claims that may not be subject to arbitration as a matter of generally applicable law not preempted by the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; (c) any claim for injunctive reliefFAA; and (d5) any Dispute that may be individual claims of sexual assault or sexual harassment in connection with the use of the All Call Platform or Rideshare Services. Where these claims are brought in small a court of competent jurisdiction, All Call will not require arbitration of those claims. All Call's agreement not to require arbitration of these claims court. Opt Out does not waive the enforceability of any other provision of this Arbitration You may opt out Agreement (including without limitation the waivers provided in Section 17(b)), or of the binding arbitration described enforceability of this Arbitration Agreement as to any other dispute, claim, or controversy. Nothing in this section by sending us written notice Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of your desire to do so by email at xxxxxxx@xxxx.xxxxxxx Labor, Securities Exchange Commission, National Labor Relations Board (such notice, an “Arbitration Opt-out NoticeNLRB”) within thirty (30) days following the date you first agree to these Terms of Use), or within thirty (30) days Office of the date we modify Federal Contract Compliance Programs, or similar local, state or federal agency, and nothing in this Dispute Resolution section as indicated in the “Last updated” date above or in the date of our email to you notifying you of such change. If you don’t provide us with an Arbitration Opt-out Notice within the relevant thirty (30) day period, you will Agreement shall be deemed to have preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration However, should you bring an administrative claim, you may only seek or recover money damages of any type pursuant to this Arbitration Provision, and you knowingly and intentionally waived your voluntarily waive the right to litigate seek or recover money damages of any Dispute type pursuant to any administrative complaint, except as expressly set forth for a complaint issued by the NLRB. Should you participate in the “Exceptions an NLRB proceeding, you may only recover money damages if such recovery does not arise from or relate to Arbitration” provision abovea claim previously adjudicated under this Arbitration Provision or settled by you. Similarly, you may not recover money damages under this Arbitration Rules The Federal Arbitration Act governs the interpretation and enforcement of this Dispute Resolution section. All Disputes will be arbitrated before a single arbitrator experienced in the software industry who is jointly selected and mutually approved by you and us or, Provision if you and we are unable to or fail to agree on the selection of the arbitrator within fifteen (15) days of the demand for arbitration being served, who is appointed by Judicial Arbitration and Mediation Services (JAMS) in accordance with its rules. The arbitration will be administered by JAMS pursuant to the JAMS Streamlined Arbitration Rules and Procedures (and in accordance have already adjudicated such claim with the expedited procedures NLRB. Nothing in those rules) (the “JAMS Rules”)this Agreement or Arbitration Agreement prevents your participation in an investigation by a government agency of any report, except as modified claim or charge otherwise covered by this Dispute Resolution section. In the event of a conflict between the JAMS Rules and this Dispute Resolution section, this Dispute Resolution section shall control, subject to countervailing law, unless the Parties agree otherwise. The arbitrator’s award of damages must be consistent with the terms of the “Limitations of Liability” section below as to the types and amounts of damages for which a Party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at xxxx://xxx.xxxxxxx.xxx or 0-000-000-0000Arbitration Provision.