28
as those Rules exist on the date you receive the Product, including Rules 16.1 and 16.2 of those
Rules. These rules and procedures are available by calling JAMS or by visiting its web site at www.
jamsadr.com. The arbitration of any claim or dispute under this Agreement shall be conducted by an
arbitrator who has at least five years of experience conducting arbitrations.
c.
The arbitration of any claim or dispute under this Agreement shall be conducted in the State of
California or the location in which you received this Agreement. For claims of $10,000 or less, you
may choose whether the arbitration proceeds in person, by telephone, or based only on submissions.
d.
The Company shall pay costs for the arbitration of claims, including any JAMS Case Management
Fee and all professional fees for the arbitrator’s services. The Company shall pay the fees and costs
of its own counsel, experts and witnesses and shall not be able to recoup them from you even if you
do not prevail in the arbitration. Unless otherwise provided by law, you acknowledge and agree that
you shall pay the fees and costs of your own counsel, experts and witnesses.
4. CHOICE OF LAW.
The arbitration provisions of this Agreement and any arbitration conducted pursuant to the
terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. Secs. 1-16).
In this respect, the parties acknowledge that this Agreement involves a transaction conducted in
interstate commerce. Otherwise, this Agreement and the rights of the parties hereunder shall be
governed by and construed in accordance with the laws of the State of California, exclusive of
conflict or choice of law rules.
5. SEVERABILITY.
If any provision of this Agreement is declared or found to be unlawful, unenforceable or void, such
provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the
remainder of the provision and all other provisions shall remain fully enforceable.
Arbitration Agreement
