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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 OUR INDIVIDUAL CAPACITY, AND
NOT AS A PLAINTIFF OR CLASS
MEMBER
IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (c) THE ARBITRATOR
MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE
PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, (d) in the event
that you are able to demonstrate that the costs of arbitration will be prohibitive as compared
to costs of litigation, we will pay as much of your filing and hearing fees in connection with
the arbitration as the arbitrator deems necessary to prevent the arbitration from being
cost-prohibitive as compared to the cost of litigation, (e) we also reserve the right in our sole
and exclusive discretion to assume responsibility for all of the costs of the arbitration; (f) the
arbitrator shall honor claims of privilege and privacy recognized at law; and (g) a decision
by the arbitrator (including any finding of fact and/or conclusion of law) against either
you or us shall be confidential unless otherwise required to be disclosed by law or by any
administrative body and may not be collaterally used against either of them in existing or
subsequent litigation or arbitration involving any other person/customer.
With the exception of subparts (b) and (c) in the paragraph above (prohibiting arbitration
on a class or collective basis), if any part of this arbitration provision is deemed to be
invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then
the balance of this arbitration provision shall remain in effect and shall be construed in
accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision
were not contained in these terms of conditions of use. If, however, either subpart (b) or (c)
is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision
shall be null and void, and neither your or we shall be entitled to arbitration.
In the event this agreement to arbitrate is held unenforceable, or in the event AAA refuses
to arbitrate the dispute, all controversies, disputes, demands, counts, claims, or causes of
