Common use of BINDING ARBITRATION AND CLASS ACTION WAIVER Clause in Contracts

BINDING ARBITRATION AND CLASS ACTION WAIVER. (a) ALL CLAIMS SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. (b) The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, except that Aquabuildr, Inc. will pay all arbitration administrative or filing fees, including the arbitrator fees (other than arbitrator fees up to the amount of the then-applicable fee for filing a civil action in federal court in the judicial district where you live in any dispute where you assert a claim against Aquabuildr, Inc., unless you demonstrate to the arbitrator that you would be entitled to file that civil action in federal court without payment of the then-applicable fee). The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in the largest city in your state within 100 miles of where you live. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction. (c) WE EACH AGREE THAT ALL CLAIMS WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA (MISSOULA) OR, IF FEDERAL JURISDICTION IS NOT AVAILABLE, IN A COURT OF COMPETENT JURISDICTION IN MISSOULA, MONTANA. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM. (d) Notwithstanding anything to the contrary, you and Aquabuildr, Inc. may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending, or independently of the resolution of any dispute pursuant to the arbitration procedures set forth above.

BINDING ARBITRATION AND CLASS ACTION WAIVER. (a) ALL CLAIMS SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. 12.1 Binding Arbitration. Any dispute, claim or controversy (b“Claim”) The arbitration relating in any way to this Agreement, the IOME Site, your use of the Service Offerings, or to any products or services sold or distributed by Sarva will be conducted resolved by the American Arbitration Association (AAA) under its then-applicable rulesbinding arbitration as provided in this Section 11, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rulesrather than in court, except that Aquabuildr, Inc. will pay all arbitration administrative or filing fees, including the arbitrator fees (other than arbitrator fees up to the amount of the then-applicable fee for filing a civil action you may assert claims in federal small claims court in the judicial district where you live in any dispute where you assert a claim against Aquabuildr, Inc., unless you demonstrate to the arbitrator that you would be entitled to file that civil action in federal court without payment of the then-applicable fee)if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of this Agreement as a court would. The arbitrator’s decision shall be conducted in the English language by a single independent final, binding, and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in the largest city in your state within 100 miles of where you live. The decision of the arbitrator shall be final and bindingnon-appealable. Judgment on upon the arbitral award may be entered and enforced in any court having jurisdiction. Neither party shall sue the other party other than as provided herein or for enforcement of competent jurisdiction. (c) WE EACH AGREE THAT ALL CLAIMS WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASSthis clause or of the arbitrator’s award; any such suit may be brought only in a Federal District Court or a Delaware state court located in Delaware. The arbitrator, CONSOLIDATEDand not any federal, OR REPRESENTATIVE ACTION OR ARBITRATION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATIONstate, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA (MISSOULA) ORor local court, IF FEDERAL JURISDICTION IS NOT AVAILABLE, IN A COURT OF COMPETENT JURISDICTION IN MISSOULA, MONTANA. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM. (d) Notwithstanding anything shall have exclusive authority to resolve any dispute relating to the contraryinterpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this Agreement including any claim that all or any part of the Agreement is void or voidable. If for any reason a claim proceeds in court rather than in arbitration, we and you waive any right to a jury trial. Notwithstanding the foregoing we and Aquabuildr, Inc. you both agree that you or we may seek injunctive relief and any bring suit in court to enjoin infringement or other equitable remedies from any court misuse of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending, or independently of the resolution of any dispute pursuant to the arbitration procedures set forth above.

BINDING ARBITRATION AND CLASS ACTION WAIVER. (a) ALL CLAIMS SHALL BE RESOLVED BY READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. These BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFYAND CLASS ACTION WAIVER provisions apply to you if you are domiciled in and/or acquired and use the Product in the United States. THERE IS NO JUDGE OR JURY IN ARBITRATION, These provisions may also apply to you if you are domiciled in and/or acquired and use the Product from outside the United States. See JURISDICTION AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITEDAPPLICABLE LAW below for details. Initial Dispute Resolution: Trial Boom’s Customer Support department is available on the web ▇▇▇▇▇://▇▇▇. (b) The arbitration will be conducted by ▇▇▇▇▇▇▇▇▇.▇▇▇/support to address any concerns you may have regarding the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related DisputesProduct. The AAA’s rules are parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The JAMS Rules governing the arbitration may be accessed at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇.▇▇▇/. Payment / or by calling JAMS at (▇▇▇) ▇▇▇-▇▇▇▇. Your arbitration fees and your share of all filing, administration, and arbitrator fees will compensation shall be governed by the AAA’s rulesJAMS Comprehensive Arbitration Rules, except that Aquabuildrbut shall not incorporate the JAMS Class Action Procedures, Inc. will pay all arbitration administrative or filing feesand, to the extent applicable, the Consumer Minimum Standards, including the arbitrator fees (other than arbitrator fees up to the amount of the then-applicable current limit on arbitration filing fees. To the extent the filing fee for the arbitration exceeds the cost of filing a civil action in federal court in lawsuit, Trial Boom will pay the judicial district where you live in any dispute where you assert a claim against Aquabuildr, Inc., unless you demonstrate to the arbitrator that you would be entitled to file that civil action in federal court without payment of the then-applicable fee)additional cost. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration shall be conducted in could exceed the English language by a single independent costs of litigation and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in the largest city in your state within 100 miles of where you live. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award right to discovery may be entered more limited in any court of competent jurisdictionarbitration than in court. (c) WE EACH AGREE THAT ALL CLAIMS WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA (MISSOULA) OR, IF FEDERAL JURISDICTION IS NOT AVAILABLE, IN A COURT OF COMPETENT JURISDICTION IN MISSOULA, MONTANA. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM. (d) Notwithstanding anything to the contrary, you and Aquabuildr, Inc. may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending, or independently of the resolution of any dispute pursuant to the arbitration procedures set forth above.

BINDING ARBITRATION AND CLASS ACTION WAIVER. PLEASE READ THIS PROVISION CAREFULLY, AS IT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT. There may be instances in which disputes arise between you and VillageED. YOU AND VILLAGEED AGREE THAT PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor VillageED will seek to have a dispute heard as a class action or private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. You and we agree not to, and expressly waive any right to, file a class action or seek relief on a class basis. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings. You and VillageED agree to arbitrate, as provided below, all disputes between you and us (a) ALL CLAIMS SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURTincluding any related disputes involving VillageED or its affiliates), EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFYthat are not resolved informally, except disputes relating to the ownership or enforcement of intellectual property rights. THERE IS NO JUDGE OR JURY IN ARBITRATION“Dispute” includes any dispute, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITEDaction, or other controversy, whether based on past, present, or future events, between you and us concerning the Plans or this Agreement, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis. You and VillageED empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or the formation of this contract, including, without limitation the arbitrability of any dispute, and any claim that all or any part of this Agreement are void or voidable. (b) a. In the event of a dispute, you and VillageED agree to attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve a Dispute informally. The arbitration will be conducted by claiming party must send to the American Arbitration Association (AAA) under its then-applicable rulesother party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, detailed factual information sufficient to evaluate the merits of the claiming party’s individualized claim, and the specific relief sought, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputeswhatever amount of money is demanded and the means by which the demanding party calculated the claimed damages. The AAA’s rules are available at You must send any notice of dispute to VillageED Communications, ▇▇▇ ▇ ▇▇▇▇://▇▇▇ ▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. ATTN: Legal Department. We will send any notice of dispute to you at the contact information we have for you. b. You and VillageED will attempt to resolve a dispute through informal negotiation within sixty (60) days beginning from the date the notice of dispute is sent. This informal negotiation requires an individual meet–and-confer in person, telephonically, or via videoconference that addresses only the dispute between you and us. If you are represented by counsel, your counsel may participate in the conference, but you will also need to individually participate. VillageED will participate in the conference through one or more representatives, which may include our counsel. After the end of the sixty (60) day informal negotiation period and not before, and only after the completion of the dispute resolution conference with respect to a claim, you or we may commence an arbitration proceeding regarding that claim. Alternatively, you may litigate a dispute in small claims court immediately if the dispute meets the requirements to be heard in small claims court and you proceed only on an individual basis, whether or not you first negotiated informally or completed a dispute resolution conference. However, nothing in this paragraph is intended to prohibit the parties from engaging in informal communications to resolve the initiating party’s claims before, during, or after any dispute resolution conference or filing in small claims court. c. If you, on one hand, and VillageED, on the other, do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by JAMS Mediation, Arbitration and ADR Plans (“JAMS”) in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”). The JAMS Rules and instructions about how to initiate an arbitration are available at ▇▇▇.▇▇▇▇▇▇▇.▇▇▇ or ▇/. Payment -▇▇▇-▇▇▇-▇▇▇▇. Arbitration may be conducted in person, through the submission of all filingdocuments, administrationby phone, or online. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in Los Angeles County, California; provided, however, that if you can demonstrate that arbitration in Los Angeles County would create an undue burden to you, JAMS may hold an in-person hearing in your hometown area. You and arbitrator fees will be governed VillageED agree to submit to the exclusive jurisdiction of the federal or state courts located in Los Angeles County, California, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the AAA’s rules, except that Aquabuildr, Inc. will pay all arbitration administrative or filing feesarbitrator. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim. In accordance with the JAMS Rules, the party initiating the arbitration (either you or VillageED) is responsible for paying the filing fee. If the arbitrator fees issues you an award of damages and: (other a) that award is greater than arbitrator fees up to the amount of our last written settlement offer; or (b) if we did not make a settlement offer, then we will pay for any JAMS Case Management Fees and all professional fees for the then-applicable fee arbitrator’s Plans, and will reimburse you for the filing a civil action fees you incurred in federal court connection with the arbitration. However, if the arbitrator finds that either the substance of your claim or the relief sought in your claim was frivolous or was brought for an improper purpose (as measured by the judicial district where you live standards described in any dispute where you assert a claim against AquabuildrFederal Rule of Civil Procedure 11(b)), Inc., unless you demonstrate to the arbitrator extent permitted by law, we will have the right to seek recovery of any JAMS Case Management Fees and all professional fees for the arbitrator’s Plans that you we incurred in connection with the arbitration. You would be entitled have the same right. Except as provided above with respect to file that civil action jurisdiction in federal court without payment of the then-applicable fee). The Los Angeles County, California, nothing in this arbitration agreement shall be conducted in construed as consent by VillageED or its affiliates to the English language by a single independent and neutral arbitratorjurisdiction of any other court with regard to disputes, claims or controversies unrelated to the Plans or this Agreement. For If you have questions or concerns about the meaning of any hearing conducted in person as part provision of this arbitration agreement, please feel free to seek the arbitration, counsel of an attorney. We thank you for understanding why it is important that we agree that the hearing will be conducted in the largest city in your state within 100 miles of where you live. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdictionprocess for addressing disputes. (c) WE EACH AGREE THAT ALL CLAIMS WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA (MISSOULA) OR, IF FEDERAL JURISDICTION IS NOT AVAILABLE, IN A COURT OF COMPETENT JURISDICTION IN MISSOULA, MONTANA. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM. (d) Notwithstanding anything to the contrary, you and Aquabuildr, Inc. may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending, or independently of the resolution of any dispute pursuant to the arbitration procedures set forth above.

BINDING ARBITRATION AND CLASS ACTION WAIVER. If the parties do not reach an agreed-upon solution within a period of thirty (a30) ALL CLAIMS SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURTdays from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFYthen either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. THERE IS NO JUDGE OR JURY IN ARBITRATIONSpecifically, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. all claims arising out of or relating to this Agreement (b) The including its formation, performance, and breach), and/or your participation in the Program shall be finally settled by binding arbitration will be conducted administered by the American Arbitration Association (“AAA”) under in accordance with its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related DisputesCommercial Arbitration Rules excluding any rules or procedures governing or permitting class actions. The AAA’s rules are available at ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/. Payment of all filing, administration, and arbitrator fees will be governed by parties further agree that the AAA’s rules, except that Aquabuildr, Inc. will pay all arbitration administrative or filing fees, including the arbitrator fees (other than arbitrator fees up to the amount of the then-applicable fee for filing a civil action in federal court in the judicial district where you live in any dispute where you assert a claim against Aquabuildr, Inc., unless you demonstrate to the arbitrator that you would be entitled to file that civil action in federal court without payment of the then-applicable fee). The arbitration shall be conducted in the English language by parties’ respective individual capacities only and not as a single independent class action or other representative action, and neutral the parties expressly waive their right to file a class action or seek relief on a class basis. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this Section 13.4 is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in state or federal court located in San Francisco, California. The arbitrator. For , and not any hearing conducted in person as federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of the this is void or voidable, or whether a claim is subject to arbitration, you agree that the hearing will be conducted in the largest city in your state within 100 miles of where you live. The decision of the arbitrator shall be final empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding. Judgment binding on you and Asana and judgment on the arbitral award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. (c) WE EACH AGREE THAT ALL CLAIMS WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASShaving jurisdiction thereof. Arbitration will be held in San Francisco, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATIONCalifornia. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA (MISSOULA) OR, IF FEDERAL JURISDICTION IS NOT AVAILABLE, IN A COURT OF COMPETENT JURISDICTION IN MISSOULA, MONTANA. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM. (d) Notwithstanding anything to the contrary, you and Aquabuildr, Inc. may seek injunctive relief and any other equitable remedies from If any court of competent jurisdiction or arbitrator determines that this arbitration provision is void or unenforceable for any reason or that the parties are not bound to protect our intellectual property rightsarbitrate their claims, whether then the disputes, claims or controversies deemed not to be subject to arbitration must be litigated in aid ofstate or federal court located in San Francisco, pending, or independently of the resolution of any dispute pursuant to the arbitration procedures set forth aboveCalifornia.

BINDING ARBITRATION AND CLASS ACTION WAIVER. (a) ALL CLAIMS SHALL BE RESOLVED BY READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. These BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFYAND CLASS ACTION WAIVER provisions apply to you if you are domiciled in and/or acquired and use the Product in the United States. THERE IS NO JUDGE OR JURY IN ARBITRATION, These provisions may also apply to you if you are domiciled in and/or acquired and use the Product from outside the United States. See JURISDICTION AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITEDAPPLICABLE LAW below for details. Initial Dispute Resolution: Trial Pro's Customer Support department is available on the web ▇▇▇▇▇://▇▇▇▇▇▇▇▇. (b) The arbitration will be conducted by ▇▇▇/support to address any concerns you may have regarding the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related DisputesProduct. The AAA’s rules are parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The JAMS Rules governing the arbitration may be accessed at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇.▇▇▇/. Payment / or by calling JAMS at (▇▇▇) ▇▇▇-▇▇▇▇. Your arbitration fees and your share of all filing, administration, and arbitrator fees will compensation shall be governed by the AAA’s rulesJAMS Comprehensive Arbitration Rules, except that Aquabuildrbut shall not incorporate the JAMS Class Action Procedures, Inc. will pay all arbitration administrative or filing feesand, to the extent applicable, the Consumer Minimum Standards, including the arbitrator fees (other than arbitrator fees up to the amount of the then-applicable current limit on arbitration filing fees. To the extent the filing fee for the arbitration exceeds the cost of filing a civil action in federal court in lawsuit, Trial Pro will pay the judicial district where you live in any dispute where you assert a claim against Aquabuildr, Inc., unless you demonstrate to the arbitrator that you would be entitled to file that civil action in federal court without payment of the then-applicable fee)additional cost. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration shall be conducted in could exceed the English language by a single independent costs of litigation and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in the largest city in your state within 100 miles of where you live. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award right to discovery may be entered more limited in any court of competent jurisdictionarbitration than in court. (c) WE EACH AGREE THAT ALL CLAIMS WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA (MISSOULA) OR, IF FEDERAL JURISDICTION IS NOT AVAILABLE, IN A COURT OF COMPETENT JURISDICTION IN MISSOULA, MONTANA. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM. (d) Notwithstanding anything to the contrary, you and Aquabuildr, Inc. may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending, or independently of the resolution of any dispute pursuant to the arbitration procedures set forth above.

BINDING ARBITRATION AND CLASS ACTION WAIVER. (a) ALL CLAIMS SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. 12.1 Binding Arbitration. Any dispute, claim or controversy (b“Claim”) The arbitration relating in any way to this Agreement, the Moi ID Site, your use of the Service Offerings, or to any products or services sold or distributed by Sarva will be conducted resolved by the American Arbitration Association (AAA) under its then-applicable rulesbinding arbitration as provided in this Section 12, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rulesrather than in court, except that Aquabuildr, Inc. will pay all arbitration administrative or filing fees, including the arbitrator fees (other than arbitrator fees up to the amount of the then-applicable fee for filing a civil action you may assert claims in federal small claims court in the judicial district where you live in any dispute where you assert a claim against Aquabuildr, Inc., unless you demonstrate to the arbitrator that you would be entitled to file that civil action in federal court without payment of the then-applicable fee)if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of this Agreement as a court would. The arbitrator’s decision shall be conducted in the English language by a single independent final, binding, and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in the largest city in your state within 100 miles of where you live. The decision of the arbitrator shall be final and bindingnon-appealable. Judgment on upon the arbitral award may be entered and enforced in any court having jurisdiction. Neither party shall sue the other party other than as provided herein or for enforcement of competent jurisdiction. (c) WE EACH AGREE THAT ALL CLAIMS WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASSthis clause or of the arbitrator’s award; any such suit may be brought only in a Federal District Court or a Delaware state court located in Delaware. The arbitrator, CONSOLIDATEDand not any federal, OR REPRESENTATIVE ACTION OR ARBITRATION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATIONstate, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA (MISSOULA) ORor local court, IF FEDERAL JURISDICTION IS NOT AVAILABLE, IN A COURT OF COMPETENT JURISDICTION IN MISSOULA, MONTANA. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM. (d) Notwithstanding anything shall have exclusive authority to resolve any dispute relating to the contraryinterpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this Agreement including any claim that all or any part of the Agreement is void or voidable. If for any reason a claim proceeds in court rather than in arbitration, we and you waive any right to a jury trial. Notwithstanding the foregoing we and Aquabuildr, Inc. you both agree that you or we may seek injunctive relief and any bring suit in court to enjoin infringement or other equitable remedies from any court misuse of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending, or independently of the resolution of any dispute pursuant to the arbitration procedures set forth above.