Common use of Arbitration; Waiver of Class Action Clause in Contracts

Arbitration; Waiver of Class Action. A. Binding Arbitration. The Parties agree that any and all disputes, claims or controversies arising out of or relating to this Agreement, the Services or Sites, in any way, including but not limited to the validity, applicability or interpretation of this Agreement, will be resolved by binding arbitration. The arbitration will be conducted before a single arbitrator in Xxxxxx County, New Jersey, in accordance with the then governing rules and procedures of the American Arbitration Association ("AAA"), including its Supplementary Procedures for Consumer-Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Any award rendered by the arbitrator will be final and conclusive upon the Parties and a judgment thereon may be entered in the highest court of any forum, state or federal, having jurisdiction. The arbitrator will not have authority to award any incidental, indirect, special, or consequential damages, including, but not limited to, damages for lost profits.