10.1 Arbitration. To the greatest extent permitted by law, you and we agree that all past, present, and future disputes and claims, regardless of legal theory, that arises out of these Conditions of Use, the Website or any Website Service, or any other aspect of the relationship between you and us (including our respective past, present, and future parents, subsidiaries, and affiliates, as well as those entities’ and our officers, agents, employees, predecessors in interest, successors, and assigns) (each a “Claim”), shall be resolved through binding arbitration conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. Before commencing an arbitration, the claimant must provide the other party with a signed Notice of Dispute including your name, email and mailing address, phone number, and a description of the basis for the claim and the specific relief sought. The claimant must give the other party 60 days to investigate the claim. Arbitration cannot be commenced until after the completion of this discussion or, if one was not timely requested, until 60 days after receipt of the Notice of Dispute. If the requirements of this paragraph are not met, a court may enjoin the filing or prosecution of arbitrations and the arbitration provider must not accept or administer the arbitration or assess fees in connection with it. The arbitration shall be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules (including, without limitation, the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If the AAA cannot or will not administer the arbitration in accordance with this provision, another provider will be selected by agreement or by the court. The arbitrator can award any individualized relief available under applicable laws and may consider rulings in other arbitrations involving different customers, but an arbitrator’s ruling will not be binding in proceedings involving different customers. The arbitrator may award relief (such as damages or injunctive relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Claim.

10.2 NO CONSOLIDATION. ANY CLAIM SHALL BE ARBITRATED OR LITIGATED, AS THE CASE MAY BE, ON AN INDIVIDUAL BASIS AND SHALL NOT BE CONSOLIDATED WITH ANY CLAIM OF ANY OTHER PARTY WHETHER THROUGH CLASS ACTION PROCEEDINGS, CLASS ARBITRATION PROCEEDINGS OR OTHERWISE. If a court (after exhaustion of all appeals) declares unenforceable any of these prohibitions on consolidation or non-individualized relief (such as class, representative, private attorney general, or public injunctive relief), then all other aspects of the case must be arbitrated first. After completing arbitration, the remaining (non-arbitrable) aspects of the case will then be decided by a court.

10.3 JURY TRIAL WAIVER. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE CONDITIONS OF USE. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THESE CONDITIONS OF USE.