Common use of Mandatory Binding Arbitration Clause in Contracts

Mandatory Binding Arbitration. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND BNEA: (i) ACKNOWLEDGE AND AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN YOU AND BNEA THROUGH BINDING ARBITRATION, PURSUANT TO THE FEDERAL ARBITRATION ACT, INCLUDING WITHOUT LIMITATION (EXCEPT AS EXPRESSLY SET FORTH IN SUBPART 14.a.iii) ANY DISPUTES OR CLAIMS BASED ON LEGAL THEORIES OF BREACH OF CONTRACT, TORTIOUS INJURY, STATUTORY VIOLATIONS, FRAUD, UNFAIR COMPETITION, RIGHTS OF PRIVACY, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, THAT MAY ARISE OUT OF OR RELATE TO ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND BNEA, ANY TERM OR PROVISION OF THIS XXXX, OR YOUR ACCESS TO OR USE OF THE GAME (EACH, A “CLAIM”); (ii) EXPRESSLY AND IRREVOCABLY WAIVE ANY RIGHT TO PURSUE ANY CLAIMS IN COURT OR TO HAVE ANY CLAIMS HEARD OR TRIED BEFORE A JUDGE OR JURY; (iii) SHALL NOT BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ARBITRATION AGAINST THE OTHER PARTY, EVEN IF OTHERWISE PERMITTED BY THE FEDERAL ARBITRATION ACT; AND (iii) SHALL NOT SEEK TO CONSOLIDATE OR COMBINE ANY ARBITRATION OF ANY CLAIM BY YOU OR BNEA WITH ANY ACTION OR ARBITRATION BROUGHT BY OR AGAINST ANY THIRD PARTY, WITHOUT THE EXPRESS WRITTEN CONSENT OF EACH SUCH THIRD PARTY AND BOTH PARTIES TO THIS XXXX. UNLESS YOU SUBMIT A PROPER OPT OUT NOTICE (IN STRICT COMPLIANCE WITH SUBSECTION 14.c), YOU AND BNEA AGREE THAT ANY CLAIMS AGAINST THE OTHER PARTY WILL ONLY BE CONDUCTED THROUGH MANDATORY, BINDING ARBITRATION.

Mandatory Binding Arbitration. THIS PARAGRAPH ONLY APPLIES TO THE FULLEST EXTENT PERMITTED FIBER-TO-THE-HOME INTERNET SERVICE FROM XXXXXXXXX TELEPHONE COMPANY. IT DOES NOT APPLY TO ANY OTHER SERVICE PROVIDED BY APPLICABLE LAW, YOU AND BNEA: (i) ACKNOWLEDGE AND AGREE XXXXXXXXX TELEPHONE COMPANY. A. MANDATORY BINDING ARBITRATION. WE STRIVE TO RESOLVE ALL DISPUTES FAIRLY AND QUICKLY. IF WE CANNOT RESOLVE A DISPUTE WITH YOU TO YOUR SATISFACTION, THEN EXCEPT AS DESCRIBED BELOW, EACH OF US AGREES TO ARBITRATE DISPUTES AND CLAIMS FOR MONEY DAMAGES BETWEEN YOU AND BNEA THROUGH BINDING ARBITRATIONUS IN EXCESS OF $10,000. SPECIFICALLY, PURSUANT CLAIMS FOR MONETARY DAMAGES IN EXCESS OF $10,000 SHALL BE SUBMITTED TO THE FEDERAL AMERICAN ARBITRATION ACTASSOCIATION, INCLUDING WITHOUT LIMITATION (EXCEPT AS EXPRESSLY SET FORTH XXX.XXX.XXX, FOR BINDING RESOLUTION UNDER ITS COMMERCIAL ARBITRATION RULES OR BY SEPARATE MUTUAL AGREEMENT TO ANOTHER ARBITRATION INSTITUTION. THIS ARBITRATION PROVISION IS INTENDED TO BE BROADLY INTERPRETED. IT INCLUDES, BUT IS NOT LIMITED TO: I. CLAIMS ARISING OUT OF OR RELATING TO ANY ASPECT OF THE RELATIONSHIP BETWEEN US, WHETHER BASED IN SUBPART 14.a.iii) ANY DISPUTES OR CLAIMS BASED ON LEGAL THEORIES OF BREACH OF CONTRACT, TORTIOUS INJURYTORT, STATUTORY VIOLATIONSSTATUTE, FRAUD, UNFAIR COMPETITION, RIGHTS OF PRIVACY, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY; II. CLAIMS THAT AROSE BEFORE THIS OR ANY PRIOR AGREEMENT (INCLUDING, BUT NOT LIMITED TO, CLAIMS RELATING TO ADVERTISING); III. CLAIMS THAT ARE CURRENTLY THE SUBJECT OF PURPORTED CLASS ACTION LITIGATION IN WHICH YOU ARE NOT A MEMBER OF A CERTIFIED CLASS; AND IV. CLAIMS THAT MAY ARISE AFTER THE TERMINATION OF THIS AGREEMENT. FOR PURPOSES OF THIS SECTION, REFERENCES TO “PTC,” “PTD,” “YOU,” AND “US” INCLUDE OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, PREDECESSORS IN INTEREST, SUCCESSORS, AND ASSIGNS, AS WELL AS ALL AUTHORIZED OR UNAUTHORIZED USERS OR BENEFICIARIES OF SERVICES UNDER THIS OR PRIOR AGREEMENTS BETWEEN US. THIS ARBITRATION AGREEMENT DOES NOT PRECLUDE YOU FROM BRINGING ISSUES TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL AGENCIES, INCLUDING, FOR EXAMPLE, THE FEDERAL COMMUNICATIONS COMMISSION. SUCH AGENCIES CAN, IF THE LAW ALLOWS, SEEK RELIEF AGAINST US ON YOUR BEHALF. THIS AGREEMENT EVIDENCES A TRANSACTION IN INTERSTATE COMMERCE, AND THUS THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT. B. PREFILING NOTICE REQUIREMENT. A PARTY WHO INTENDS TO SEEK ARBITRATION MUST FIRST SEND TO THE OTHER, BY CERTIFIED MAIL, A WRITTEN NOTICE OF DISPUTE (“NOTICE”). THE NOTICE TO PTC/PTD SHOULD BE ADDRESSED TO: PTC, XX XXX 000, 000 0XX XXXXXX, XXXXXXXXX, PA 18071, ATTN: LEGAL DEPARTMENT/ARBITRATION. THE NOTICE MUST (A) DESCRIBE THE NATURE AND BASIS OF THE CLAIM OR DISPUTE; AND (B) SET FORTH THE SPECIFIC RELIEF SOUGHT (“DEMAND”). IF PTC/PTD AND YOU DO NOT REACH AN AGREEMENT TO RESOLVE THE CLAIM WITHIN 30 DAYS AFTER THE NOTICE IS RECEIVED, YOU OR PTC/PTD MAY THEN COMMENCE AN ARBITRATION PROCEEDING AS DESCRIBED HEREIN. DURING THE ARBITRATION, THE AMOUNT OF ANY SETTLEMENT OFFER MADE BY PTC/PTD OR YOU SHALL NOT BE DISCLOSED TO THE ARBITRATOR UNTIL AFTER THE ARBITRATOR DETERMINES THE AMOUNT, IF ANY, TO WHICH YOU OR PTC/PTD IS ENTITLED. C. RIGHT TO OPT OUT. IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY PTC AND/OR PTD IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU FIRST RECEIVE THIS AGREEMENT BY MAIL TO PTC, XX XXX 000, 000 0XX XXXXXX, XXXXXXXXX, PA 18071, ATTN: LEGAL DEPARTMENT/ARBITRATION. YOUR WRITTEN NOTIFICATION MUST INCLUDE YOUR NAME, ADDRESS AND PTC AND/OR PTD ACCOUNT NUMBER AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES BINDING ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH PTC AND/OR RELATE PTD OR THE DELIVERY OF SERVICE(S) TO ANY ASPECT YOU BY PTC AND/OR PTD. IF YOU HAVE PREVIOUSLY NOTIFIED PTC OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN. D. CLASS ACTION WAIVER AND OTHER RESTRICTIONS: I. YOU MUST CONTACT US WITHIN ONE (1) YEAR OF THE RELATIONSHIP BETWEEN DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE (EXCEPT FOR BILLING DISPUTES, ABOUT WHICH YOU AND BNEA, ANY TERM MUST CONTACT PTC AND/OR PROVISION OF THIS XXXXPTD WITHIN SIXTY (60) DAYS), OR YOUR ACCESS TO OR USE OF YOU WAIVE THE GAME (EACH, A “CLAIM”); (ii) EXPRESSLY AND IRREVOCABLY WAIVE ANY RIGHT TO PURSUE ANY CLAIMS IN COURT CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE. II. YOU AGREE THAT YOU AND PTC/PTD ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO HAVE ANY CLAIMS HEARD OR TRIED BEFORE A JUDGE OR JURY; (iii) SHALL NOT BRING OR PARTICIPATE IN A CLASS ACTION. ALL PARTIES TO AN ARBITRATION MUST BE INDIVIDUALLY NAMED. THERE SHALL BE NO RIGHT OR REPRESENTATIVE ARBITRATION AGAINST THE OTHER PARTY, EVEN IF OTHERWISE PERMITTED BY THE FEDERAL ARBITRATION ACT; AND (iii) SHALL NOT SEEK AUTHORITY FOR ANY CLAIMS TO CONSOLIDATE BE ARBITRATED OR COMBINE ANY ARBITRATION OF ANY CLAIM BY YOU OR BNEA WITH ANY LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS. THE ARBITRATOR’S AUTHORITY TO RESOLVE AND MAKE WRITTEN AWARDS IS LIMITED TO CLAIMS BETWEEN YOU AND PTC AND/OR PTD ALONE. CLAIMS MAY NOT BE JOINED OR CONSOLIDATED UNLESS AGREED TO IN WRITING BY ALL PARTIES. NO ARBITRATION BROUGHT AWARD OR DECISION WILL HAVE ANY PRECLUSIVE EFFECT AS TO ISSUES OR CLAIMS IN ANY DISPUTE WITH ANYONE WHO IS NOT NAMED PARTY TO THE ARBITRATION. E. LOCATION OF ARBITRATION. THE ARBITRATION WILL TAKE PLACE AT A LOCATION CONVENIENT TO YOU IN THE AREA WHERE YOU RECEIVE THE SERVICE FROM US. F. PAYMENT OF ARBITRATION FEES AND COSTS: I. PTC AND/OR PTD WILL ADVANCE ALL ARBITRATION FILING FEES AND ARBITRATOR’S COSTS AND EXPENSES UPON YOUR WRITTEN REQUEST GIVEN PRIOR TO THE COMMENCEMENT OF THE ARBITRATION. YOU ARE RESPONSIBLE FOR ALL ADDITIONAL COSTS THAT YOU INCUR IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, FEES FOR ATTORNEYS OR EXPERT WITNESSES. II. IF THE ARBITRATION PROCEEDING IS DECIDED IN PTC AND/OR PTD’S FAVOR, YOU SHALL REIMBURSE PTC AND/OR PTD FOR THE FEES AND COSTS ADVANCED TO YOU ONLY UP TO THE EXTENT AWARDABLE IN A JUDICIAL PROCEEDING. IF THE ARBITRATION PROCEEDING IS DETERMINED IN YOUR FAVOR, YOU WILL NOT BE REQUIRED TO REIMBURSE PTC AND/OR PTD FOR ANY OF THE FEES AND COSTS ADVANCED BY PTC AND/OR AGAINST PTD. III. IF THE ARBITRATION PROCEEDING IS DECIDED IN YOUR FAVOR, AND THE ARBITRATOR ISSUES YOU AN AWARD THAT IS GREATER THAN THE VALUE OF PTC/PTD’S LAST WRITTEN SETTLEMENT OFFER MADE BEFORE AN ARBITRATOR WAS SELECTED, THEN PTC/PTD WILL: 1. PAY YOU THE AMOUNT OF THE AWARD OR $10,000 (“THE ALTERNATIVE PAYMENT”), WHICHEVER IS GREATER; AND 2. PAY YOUR ATTORNEY, IF ANY, TWICE THE AMOUNT OF ATTORNEYS’ FEES, AND REIMBURSE ANY THIRD PARTYEXPENSES (INCLUDING EXPERT WITNESS FEES AND COSTS) THAT YOUR ATTORNEY REASONABLY ACCRUES FOR INVESTIGATING, WITHOUT PREPARING, AND PURSUING YOUR CLAIM IN ARBITRATION (“THE EXPRESS ATTORNEY PREMIUM”). 3. IF PTC/PTD DID NOT MAKE A WRITTEN CONSENT OF EACH SUCH THIRD PARTY AND BOTH PARTIES OFFER TO THIS XXXX. UNLESS YOU SUBMIT A PROPER OPT OUT NOTICE (IN STRICT COMPLIANCE WITH SUBSECTION 14.c)SETTLE THE DISPUTE BEFORE AN ARBITRATOR WAS SELECTED, YOU AND BNEA AGREE YOUR ATTORNEY WILL BE ENTITLED TO RECEIVE THE ALTERNATIVE PAYMENT AND THE ATTORNEY PREMIUM, RESPECTIVELY, IF THE ARBITRATOR AWARDS YOU ANY RELIEF ON THE MERITS. IV. THE ARBITRATOR MAY MAKE RULINGS AND RESOLVE DISPUTES AS TO THE PAYMENT AND REIMBURSEMENT OF FEES, EXPENSES, AND THE ALTERNATIVE PAYMENT AND THE ATTORNEY PREMIUM AT ANY TIME DURING THE PROCEEDING AND UPON REQUEST FROM EITHER PARTY MADE WITHIN 14 DAYS OF THE ARBITRATOR’S RULING ON THE MERITS. V. IF A PARTY ELECTS TO APPEAL AN AWARD TO A THREE-ARBITRATOR PANEL, THE PREVAILING PARTY IN THE APPEAL SHALL BE ENTITLED TO RECOVER ALL REASONABLE ATTORNEY’S FEES AND COSTS INCURRED IN THAT ANY CLAIMS AGAINST APPEAL. NOT WITHSTANDING ANYTHING TO THE OTHER PARTY CONTRARY IN THIS ARBITRATION PROVISION, PTC AND/OR PTD WILL ONLY BE CONDUCTED THROUGH MANDATORY, BINDING ARBITRATIONPAY ALL FEES AND COSTS THAT IT IS REQUIRED BY LAW TO PAY.

Mandatory Binding Arbitration. CONTRACTOR AND OWNER AGREE TO COOPERATE IN AVOIDING AND INFORMALLY RESOLVING ANY DISPUTES BETWEEN THEM AND ACKNOWLEDGE THE AVAILABILITY OF MEDIATION TO ASSIST IN RESOLVING ANY DISPUTES. CONTRACTOR AND OWNER FURTHER ACKNOWLEDGE THAT IN THE EVENT OF ANY CONTROVERSY, THE PARTIES ARE UNABLE TO RESOLVE BY MEDIATION OR OTHER INFORMAL MEANS, RESOLUTION SHALL BE EXCLUSIVELY THROUGH ARBITRATION USING A SINGLE ARBITRATOR. UNLESS THE PARTIES AGREE ON A DIFFERENT ARBITRATOR, THE DISPUTE SHALL BE SUBMITTED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND BNEA: (i) ACKNOWLEDGE AND AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN YOU AND BNEA THROUGH BINDING ARBITRATION, PURSUANT TO AMERICA ARBITRATION ASSOCIATION. THE FEDERAL ARBITRATION ACT, INCLUDING WITHOUT LIMITATION (EXCEPT AS EXPRESSLY SET FORTH IN SUBPART 14.a.iii) ANY DISPUTES OR CLAIMS BASED ON LEGAL THEORIES OF BREACH OF CONTRACT, TORTIOUS INJURY, STATUTORY VIOLATIONS, FRAUD, UNFAIR COMPETITION, RIGHTS OF PRIVACY, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, THAT MAY ARISE OUT OF OR RELATE TO ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND BNEA, ANY TERM OR PROVISION OF THIS XXXX, OR YOUR ACCESS TO OR USE OF THE GAME (EACH, A “CLAIM”); (ii) EXPRESSLY AND IRREVOCABLY WAIVE ANY RIGHT TO PURSUE ANY CLAIMS IN COURT OR TO HAVE ANY CLAIMS HEARD OR TRIED BEFORE A JUDGE OR JURY; (iii) SHALL NOT BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ARBITRATION AGAINST THE OTHER PARTY, EVEN IF OTHERWISE PERMITTED BY THE FEDERAL ARBITRATION ACT; AND (iii) SHALL NOT SEEK TO CONSOLIDATE OR COMBINE ANY PARTY DEMANDING ARBITRATION OF ANY CONTROVERSY, DISPUTE OR CLAIM BY YOU ARISING OUT OF THIS AGREEMENT OR BNEA ANY BREACH OR ALLEGED BREACH OF THIS AGREEMENT SHALL SUBMIT IN WRITTEN NOTICE OF SUCH DEMAND WITH ANY ACTION OR ARBITRATION BROUGHT BY OR AGAINST ANY THIRD PARTY, WITHOUT THE EXPRESS WRITTEN CONSENT OF EACH SUCH THIRD PARTY AND BOTH PARTIES TO THIS XXXX. UNLESS YOU SUBMIT A PROPER OPT OUT NOTICE (IN STRICT COMPLIANCE WITH SUBSECTION 14.c), YOU AND BNEA AGREE THAT ANY CLAIMS AGAINST THE OTHER PARTY WILL ONLY AND WITH THE ARBITRATOR, SUCH WRITTEN NOTICE SHALL BE CONDUCTED THROUGH MANDATORYGIVEN NO LATER THAN SIXTY (60) DAYS AFTER THE CONTROVERSY, BINDING ARBITRATIONDISPUTE, OR CLAIM ARISES OR THE BREACH OR ALLEGED BREACH OF THIS AGREEMENT OCCURS. THE AWARD RENDERED BY THE ARBITRATOR SHALL BE THE FINAL AND MAY BE CONFIRMED BY A COURT OF COMPETENT JURISDICTION. THE PREVAILING PARTY IN ANY ARBITRATION SHALL BE ENTITLED TO A REASONABLE ATTORNEY’S FEES, COSTS AND EXPENSES.

Mandatory Binding Arbitration. ANY DISPUTE BETWEEN THE PARTIES ON THE TERMS OF THIS AGREEMENT OR ANY MATTER ARISING UNDER IT SHALL BE REFERRED TO THE FULLEST EXTENT PERMITTED APPROPRIATE SENIOR EXECUTIVE FOR EACH PARTY. IF A DISPUTE IS NOT RESOLVED BY THE SENIOR EXECUTIVES, EITHER PARTY MAY SEEK RESOLUTION OF IT UNDER BINDING ARBITRATION BEFORE JAMS, WITH VENUE IN THE COUNTY OF NEW YORK, NEW YORK, IN ACCORDANCE WITH THE APPLICABLE LAWJAMS RULES, YOU AND BNEA: JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. UPON THE RECEIPT OF A DEMAND TO ARBITRATE A DISPUTE HEREUNDER, EACH PARTY WITHIN TEN (i10) ACKNOWLEDGE AND AGREE DAYS AFTER SUCH DATE SHALL SUBMIT TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN YOU AND BNEA THROUGH BINDING THE OTHER PARTY A WRITTEN LIST OF THREE (3) PERSONS, WHO WOULD BE ACCEPTABLE TO THE SUBMITTING PARTY AS AN ARBITRATOR. WITHIN TEN (10) DAYS AFTER THE INITIATION OF THE ARBITRATION, PURSUANT THE PARTIES SHALL SELECT A SINGLE NEUTRAL ARBITRATOR FROM THE LIST TO PRESIDE OVER THE ARBITRATION PROCEEDING. EITHER PARTY MAY ELECT TO CONDUCT THE ARBITRATION AS AN EXPEDITED PROCEEDING. NOTHING IN THIS PROVISION SHALL BE CONSTRUED TO LIMIT THE RIGHT OF ANY PARTY TO SEEK PRELIMINARY INJUNCTIVE RELIEF IN ANY COURT OF COMPETENT JURISDICTION, NOR SHALL THE FILING OF AN ACTION TO OBTAIN SUCH RELIEF CONSTITUTE A WAIVER OF THE RIGHT TO ARBITRATE THE UNDERLYING DISPUTE. IN ADDITION TO THE FEDERAL ARBITRATION ACTPOWERS CONFERRED BY JAMS, INCLUDING WITHOUT LIMITATION (EXCEPT THE ARBITRATOR SHALL HAVE AUTHORITY TO ORDER SUCH OTHER DISCOVERY AS EXPRESSLY SET FORTH IN SUBPART 14.a.iii) ANY DISPUTES HE OR CLAIMS BASED ON LEGAL THEORIES OF BREACH OF CONTRACT, TORTIOUS INJURY, STATUTORY VIOLATIONS, FRAUD, UNFAIR COMPETITION, RIGHTS OF PRIVACY, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, THAT MAY ARISE OUT OF OR RELATE TO ANY ASPECT SHE DEEMS APPROPRIATE FOR A FULL AND FAIR HEARING OF THE RELATIONSHIP BETWEEN YOU AND BNEA, ANY TERM OR PROVISION OF THIS XXXX, OR YOUR ACCESS TO OR USE CASE. A DETERMINATION ON THE MERITS SHALL BE RENDERED IN ACCORDANCE WITH THE LAW OF THE GAME (EACH, A “CLAIM”); (ii) EXPRESSLY AND IRREVOCABLY WAIVE ANY RIGHT STATE OF NEW YORK TO PURSUE ANY CLAIMS IN COURT OR TO HAVE ANY CLAIMS HEARD OR TRIED THE SAME EXTENT AS IF THE DISPUTE WERE PENDING BEFORE A JUDGE OR JURY; (iii) SHALL NOT BRING OR PARTICIPATE SUPERIOR COURT OF THAT STATE. THE PREVAILING PARTY IN A CLASS OR REPRESENTATIVE ARBITRATION AGAINST THE OTHER PARTY, EVEN IF OTHERWISE PERMITTED BY THE FEDERAL ARBITRATION ACT; AND (iii) SHALL NOT SEEK TO CONSOLIDATE OR COMBINE ANY ARBITRATION OF ANY CLAIM BY YOU OR BNEA WITH ANY ACTION OR ARBITRATION BROUGHT BY PROCEEDING ARISING HEREUNDER SHALL BE ENTITLED TO RECOVER FROM THE NON-PREVAILING PARTY ITS REASONABLE COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES AND COSTS OF ARBITRATION AND OF ANY ASSOCIATED COURT PROCEEDINGS INCURRED IN CONNECTION WITH SUCH ACTION, ARBITRATION OR AGAINST ANY THIRD PARTY, WITHOUT THE EXPRESS WRITTEN CONSENT OF EACH SUCH THIRD PARTY AND BOTH PARTIES TO THIS XXXX. UNLESS YOU SUBMIT A PROPER OPT OUT NOTICE (IN STRICT COMPLIANCE WITH SUBSECTION 14.c), YOU AND BNEA AGREE THAT ANY CLAIMS AGAINST THE OTHER PARTY WILL ONLY BE CONDUCTED THROUGH MANDATORY, BINDING ARBITRATIONPROCEEDING.

Mandatory Binding Arbitration. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND BNEA: (i) ACKNOWLEDGE AND AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN YOU AND BNEA THROUGH BINDING ARBITRATION, PURSUANT TO THE FEDERAL ARBITRATION ACT, INCLUDING WITHOUT LIMITATION (EXCEPT AS EXPRESSLY SET FORTH IN SUBPART 14.a.iii12.a.iii) ANY DISPUTES OR CLAIMS BASED ON LEGAL THEORIES OF BREACH OF CONTRACT, TORTIOUS INJURY, STATUTORY VIOLATIONS, FRAUD, UNFAIR COMPETITION, RIGHTS OF PRIVACY, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, THAT MAY ARISE OUT OF OR RELATE TO ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND BNEA, ANY TERM OR PROVISION OF THIS XXXXTHESE TERMS OF SERVICE, OR YOUR ACCESS TO OR USE OF THE GAME ONLINE SERVICES (EACH, A “CLAIM”); (ii) EXPRESSLY AND IRREVOCABLY WAIVE ANY RIGHT TO PURSUE ANY CLAIMS IN COURT OR TO HAVE ANY CLAIMS HEARD OR TRIED BEFORE A JUDGE OR JURY; (iii) SHALL NOT BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ARBITRATION AGAINST THE OTHER PARTY, EVEN IF OTHERWISE PERMITTED BY THE FEDERAL ARBITRATION ACT; AND (iii) SHALL NOT SEEK TO CONSOLIDATE OR COMBINE ANY ARBITRATION OF ANY CLAIM BY YOU OR BNEA WITH ANY ACTION OR ARBITRATION BROUGHT BY OR AGAINST ANY THIRD PARTY, WITHOUT THE EXPRESS WRITTEN CONSENT OF EACH SUCH THIRD PARTY AND BOTH PARTIES TO THIS XXXXTHESE TERMS OF SERVICE. UNLESS YOU SUBMIT A PROPER OPT OUT NOTICE (IN STRICT COMPLIANCE WITH SUBSECTION 14.c12.c), YOU AND BNEA AGREE THAT ANY CLAIMS AGAINST THE OTHER PARTY WILL ONLY BE CONDUCTED THROUGH MANDATORY, BINDING ARBITRATION.