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INDIVIDUAL CAPACITY AND NOT AS A
CLASS REPRESENTATIVE OR A CLASS
MEMBER IN A CLASS OR REPRESENTATIVE
ACTION. IF A COURT OR ARBITRATOR
DETERMINES IN A CLAIM BETWEEN YOU
AND US THAT YOUR WAIVER OF ANY
ABILITY TO PARTICIPATE IN CLASS OR
REPRESENTATIVE ACTIONS IS UNEN-
FORCEABLE UNDER APPLICABLE LAW,
THE ARBITRATION AGREEMENT WILL
NOT APPLY, AND YOU AND WE AGREE
THAT SUCH CLAIMS WILL BE RESOLVED
BY A COURT OF APPROPRIATE
JURISDICTION, OTHER THAN A SMALL
CLAIMS COURT.
JURY TRIAL WAIVER WHETHER ANY
CLAIM IS IN ARBITRATION OR IN COURT
YOU AND WE WAIVE ANY RIGHT TO JURY
TRIAL INVOLVING ANY CLAIMS OR DIS-
PUTES BETWEEN YOU AND US.
About You
You represent that you're at least 18
years old and have the legal capacity to
accept this agreement. If you are ordering
for a friend or a member of your family,
you are bound by the terms of this agree-
90
and Expenses, or any lesser amount as
provided under AAA’s Supplemental
Procedures for Consumer-Related Disputes.
You and we agree to pay our own other
fees, costs, and expenses, including those
for any attorneys, experts, and witnesses.
An arbitrator may only award as much and
the type of relief as a court with jurisdiction
in the place of arbitration that is consistent
with law and this Agreement. An arbitrator
may issue injunctive or declaratory relief
but only applying to you and us and not
to any other customer or third party. As
a limited exception to the agreement to
arbitrate, you and we agree that: (a) you
may take Claims to small claims court, if
your Claims qualify for hearing by such
court; and (b) if you fail to timely pay
amounts due, we may assign your account
for collection, and the collection agency
may pursue in court claims limited strictly
to the collection of the past due debt and
any interest or cost of collection permitted
by law or the Agreement.
CLASS ACTION WAIVER WHETHER IN
COURT, SMALL CLAIMS COURT, OR ARBI-
TRATION YOU AND WE MAY ONLY BRING
CLAIMS AGAINST EACH OTHER IN AN
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