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problems, or mistakes in that data or information, and (9) you agree that the limitations of
liability and indemnities in this agreement will survive even after the agreement has ended.
These limitations of liability apply not only to you, but to anyone using the 5Star Service on
your behalf, to anyone making a claim on your behalf, and to any claims made by your family,
employees, customers, or others arising out of or relating to your 5Star service. Some states
don’t allow an exclusion or limitation of incidental or consequential damages or certain other
damages, so some of the limitations above may not apply in some situations.
How We Will Resolve Disputes:
Arbitration Agreement, Class Action Waiver and Forum Selection Clause
If you and we have a disagreement related to 5Star service or the validity of these terms of
conditions of use, we’ll try to resolve it by talking with each other. If we can’t resolve it that
way, we both agree to use confidential binding arbitration, not lawsuits (except for small
claims court cases) to resolve the dispute. We agree that any controversy or claim between
us will be settled by one neutral arbitrator before the American Arbitration Association
(“AAA”). There’s no judge or jury in arbitration, arbitration procedures are simpler and more
limited than rules applicable in court, and review is limited. But you are entitled to a fair
hearing and the arbitrator’s decisions are as enforceable as any court order. Arbitration shall
be subject to the Federal Arbitration Act and not any state arbitration law. As modified by
these terms of conditions of use, the arbitration will be governed by the AAA’s arbitration
rules (collectively “Rules and Procedures”). We further agree that: (a) the arbitration shall be
held at a location determined by AAA pursuant to the Rules and Procedures (provided that
such location is reasonably convenient for you), or at such other location as may be mutually
agreed upon by you and us; (b) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN
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