Common use of Dispute Resolution; Arbitration Clause in Contracts

Dispute Resolution; Arbitration. This Service Agreement requires binding arbitration if there is an unresolved dispute between You and Us concerning this Service Agreement (including the Cost of, lack of or actual repair or replacement arising from a Breakdown). Under this Arbitration provision, You give up Your right to resolve any dispute arising from this Service Agreement by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations. Any dispute on the application of this arbitration provision will be made by the local court of law in the county and state where You live. Notwithstanding this arbitration provision, You are not prohibited from bringing an action in Small Claims Court to resolve Your dispute. The Consumer Arbitration Rules of the American Arbitration Association (xxx.xxx.xxx) will apply to any arbitration under this Service Agreement. To start arbitration, either You or We must make a written demand to the other party for arbitration. You may make written demand directly to Us at [000 Xxxx Xxxxxxx Xxxx., Chicago, IL 60604, Attn: Law Department]. This demand must be made within one year of the earlier of: I. The date the Breakdown occurred or the date the dispute arose, or II. The applicable statute of limitations period if that period is longer. One mutually agreed upon arbitrator will be identified. We will advance to You all or part of the fees of the AAA and of the arbitrator. The arbitrator may otherwise allocate these fees. Unless otherwise agreed to by You and Us, the arbitration will take place in the county and state in which You live. The procedural rules for arbitration shall be governed by the Federal Arbitration Act (9 U.S.C.A. § 1 et. seq.) and not by any state law concerning arbitration. The laws of the state of Illinois (without giving effect to its conflict of law principles) govern all substantive matters arising out of or relating to this Service Agreement and all transactions contemplated by this Service Agreement, including, without limitation, the validity, interpretation, construction, performance and enforcement of this Service Agreement. In the event either party files a claim(s) against the other, resulting in a ruling that a portion of this Service Agreement is unenforceable, the portion of this Service Agreement that has been ruled to be unenforceable shall be severed, and the remaining provisions shall be enforced. However, if the portion of the Service Agreement that was ruled to be unenforceable is or includes the above waiver of class action rights, then this Service Agreement shall be unenforceable in its entirety.

Dispute Resolution; Arbitration. This Service Agreement requires binding arbitration if there is an unresolved dispute between You and Us concerning this Service Agreement (including the Cost of, lack of or actual repair or replacement arising from a Breakdown). Under this Arbitration provision, You give up Your right to resolve any dispute arising from this Service Agreement by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations. Any dispute on the application of this arbitration provision will be made by the local court of law in the county and state where You live. Notwithstanding this arbitration provision, You are not prohibited from bringing an action in Small Claims Court to resolve Your dispute. The Consumer Arbitration Rules of the American Arbitration Association (xxx.xxx.xxx) will apply to any arbitration under this Service Agreement. To start arbitration, either You or We must make a written demand to the other party for arbitration. You may make written demand directly to Us at [000 Xxxx Xxxxxxx Xxxx., Chicago, IL 60604, Attn: Law Department]. This demand must be made within one year of the earlier of: I. The date the Breakdown occurred or the date the dispute arose, or II. The applicable statute of limitations period if that period is longer. One mutually agreed upon arbitrator will be identified. We will advance to You all or part of the fees of the AAA and of the arbitrator. The arbitrator may otherwise allocate these fees. Unless otherwise agreed to by You and Us, the arbitration will take place in the county and state in which You live. The procedural rules for arbitration shall be governed by the Federal Arbitration Act (9 U.S.C.A. § 1 et. seq.) and not by any state law concerning arbitration. The laws of the state of Illinois (without giving effect to its conflict of law principles) govern all substantive matters arising out of or relating to this Service Agreement and all transactions contemplated by this Service Agreement, including, without limitation, the validity, interpretation, construction, performance and enforcement of this Service Agreement. In the event either party files a claim(s) against the other, resulting in a ruling that a portion of this Service Agreement is unenforceable, the portion of this Service Agreement that has been ruled to be unenforceable shall be severed, and the remaining provisions shall be enforced. However, if the portion of the Service Agreement that was ruled to be unenforceable is or includes the above waiver of class action rights, then this Service Agreement shall be unenforceable in its entirety.

Dispute Resolution; Arbitration. This Service Agreement requires binding arbitration if there is an unresolved dispute between You and Us concerning this Service Agreement (including the Cost of, lack of or actual repair or replacement arising from a Breakdown). Under this Arbitration provision, You give up Your right The parties shall use good faith negotiation to resolve any dispute arising from that may arise under this Service Agreement Agreement. In the event the parties cannot reach agreement on any issue, such issue will be settled by binding arbitration before a judge and/or a jury. You also agree not to participate as a class representative or class member single arbitrator in accordance with the Rules of Procedure for Arbitration of the American Health Lawyers Association (AHLA) Alternative Dispute Resolution Service, and judgment upon the award rendered by the arbitrator may be entered in any class action litigation, any class court having jurisdiction thereof. Such arbitration or any consolidation of individual arbitrations. Any dispute on shall occur in the application of city where Practice is located within sixty (60) days after this arbitration provision will clause is triggered by one party providing the other parties written notice of arbitration. The arbitrator shall be made chosen in accordance with the rules of the AHLA Alternative Dispute Resolution Service then in effect. If the AHLA Alternative Dispute Resolution Service is no longer in effect, then the arbitration shall be conducted as set out above by the local court of law American Arbitration Association in accordance with the county and state where You live. Notwithstanding this arbitration provision, You are not prohibited from bringing an action in Small Claims Court to resolve Your dispute. The Consumer Arbitration Commercial Rules of the American Arbitration Association (xxx.xxx.xxx) will apply to any arbitration under this Service Agreement. To start arbitration, either You or We must make a written demand to the other party for arbitration. You may make written demand directly to Us at [000 Xxxx Xxxxxxx Xxxx., Chicago, IL 60604, Attn: Law Department]. This demand must be made within one year of the earlier of: I. The date the Breakdown occurred or the date the dispute arose, or II. The applicable statute of limitations period if that period is longer. One mutually agreed upon arbitrator will be identified. We will advance to You all or part of the fees of the AAA and of the arbitratorthen in effect. The arbitrator may otherwise allocate these feesin any such proceeding award attorneys’ fees and costs to the prevailing party. Unless otherwise agreed Manager and Practice shall share the costs of the arbitrator equally between them. Each party shall bear its own expenses of preparation for and participation in arbitration. The statute of limitations applicable to by You any claim shall be determined as if such claim were being asserted in a state court in the State, for all state law claims, and Usin a federal court in the State, for all federal law claims, and such statute of limitations shall apply to preclude arbitration of any claim hereunder not brought within the applicable limitation period. Notwithstanding anything herein to the contrary, the arbitration will take place parties reserve the right to proceed at any time in any court having jurisdiction or by self help to exercise or prosecute the county following remedies, as applicable: (i) all rights of self help, including peaceful occupation of real property and state collection of rents, set off, and peaceful possession of personal property, (ii) pre-judgment garnishment or attachment of property, (iii) a preliminary injunction or temporary restraining order to preserve the status quo or to enforce a party’s rights under any provision set forth in which You liveSections 4.12 and 4.13 and (iv) when applicable, a judgment by confession of judgment. Preservation of these remedies does not limit the power of the arbitrator(s) to grant similar remedies that may be requested by a party in a dispute. The procedural rules for arbitration agreement to arbitrate set forth in this Section 7.8 may only be enforced by the parties to this Agreement and their permitted successors and assigns, shall survive the termination or breach of this Agreement, and shall be construed pursuant to and governed by the provisions of the Federal Arbitration Act (Act, 9 U.S.C.A. § 1 et. U.S.C. §1, et seq.) and not by any state law concerning arbitration. The laws of the state of Illinois (without giving effect to its conflict of law principles) govern all substantive matters arising out of or relating to this Service Agreement and all transactions contemplated by this Service Agreement, including, without limitation, the validity, interpretation, construction, performance and enforcement of this Service Agreement. In the event either party files a claim(s) against the other, resulting in a ruling that a portion of this Service Agreement is unenforceable, the portion of this Service Agreement that has been ruled to be unenforceable shall be severed, and the remaining provisions shall be enforced. However, if the portion of the Service Agreement that was ruled to be unenforceable is or includes the above waiver of class action rights, then this Service Agreement shall be unenforceable in its entirety.

Dispute Resolution; Arbitration. This Service Agreement Contract requires binding arbitration if there is an unresolved dispute between You and Us concerning this Service Agreement Contract (including the Cost of, lack of or actual repair or replacement arising from a Breakdown). Under this Arbitration provision, You give up Your right to resolve any dispute arising from this Service Agreement Contract by a judge and/or a jury. You also agree not to participate as a class representative or class member Customer in any class action litigation, any class arbitration or any consolidation of individual arbitrations. In arbitration, a group of three arbitrators (each of whom is an independent, neutral third party) will give a decision after hearing Your and Our positions. The decision of a majority of the arbitrators will determine the outcome of the arbitration and the decision of the arbitrators shall be final and binding and cannot be reviewed or changed by, or appealed to, a court of law. Any dispute on the application of this arbitration provision will be made by the local court of law in the county and state where You live. Notwithstanding this arbitration provision, You are not prohibited from bringing an action in Small Claims Court to resolve Your dispute. The Consumer Arbitration Rules of the American Arbitration Association (xxx.xxx.xxx) will apply to any arbitration under this Service AgreementContract. To start arbitration, either You or We must make a written demand to the other party for arbitration. You may make written demand directly to Us at [000 Xxxx Xxxxxxx Xxxx., Chicago, IL 60604, Attn: Law Department]. This demand must be made within one (1) year of the earlier of: I. The of the date the Breakdown occurred or the date dispute arose or the dispute arose, or II. The applicable statute of limitations period if that period period, whichever is longer. One mutually agreed upon arbitrator will be identified. You and We will advance to You all or part of the fees of the AAA and of the each separately select an arbitrator. The two arbitrators will select a third arbitrator may otherwise allocate these feescalled an “umpire.” All costs and expenses of the arbitration will be shared equally by You and Us. Unless otherwise agreed to by You and Us, the arbitration will take place in the county and state in which You live. The procedural rules for arbitration shall be governed by the Federal Arbitration Act (9 U.S.C.A. § 1 et. seq.) and not by any state law concerning arbitration. The laws of the state of Illinois (without giving effect to its conflict of law principles) govern all substantive matters arising out of or relating to this Service Agreement Contract and all transactions contemplated by this Service AgreementContract, including, without limitation, the validity, interpretation, construction, performance and enforcement of this Service Agreement. In the event either party files a claim(s) against the other, resulting in a ruling that a portion of this Service Agreement is unenforceable, the portion of this Service Agreement that has been ruled to be unenforceable shall be severed, and the remaining provisions shall be enforced. However, if the portion of the Service Agreement that was ruled to be unenforceable is or includes the above waiver of class action rights, then this Service Agreement shall be unenforceable in its entiretyContract.

Dispute Resolution; Arbitration. This Service Agreement requires binding arbitration if there is an unresolved dispute between You and Us concerning this Service Agreement (including the Cost cost of, lack of or actual repair or replacement arising from a Breakdownclaim). Under this Arbitration provision, You give up Your right to resolve any dispute arising from this Service Agreement by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations. Any dispute on the application of this arbitration provision will be made by the local court of law in the county and state where You live. Notwithstanding this arbitration provision, You are not prohibited from bringing an action in Small Claims Court to resolve Your dispute. The Consumer Arbitration Rules of the American Arbitration Association (xxx.xxx.xxx) will apply to any arbitration under this Service Agreement. To start arbitration, either You or We must make a written demand to the other party for arbitration. You may make written demand directly to Us at [000 Xxxx Xxxxxxx Xxxx., Chicago, IL 60604, Attn: Law Department]. This demand must be made within one year of the earlier of: I. The date the Breakdown loss giving rise to the claim occurred or the date the dispute arose, or II. The applicable statute of limitations period if that period is longer. One mutually agreed upon arbitrator will be identified. We will advance to You all or part All costs and expenses of the fees of the AAA arbitration will be shared equally by You and of the arbitrator. The arbitrator may otherwise allocate these feesUs. Unless otherwise agreed to by You and Us, the arbitration will take place in the county and state in which You live. The procedural rules for arbitration shall be governed by the Federal Arbitration Act (9 U.S.C.A. § 1 et. seq.) and not by any state law concerning arbitration. The laws of the state of Illinois (without giving effect to its conflict of law principles) govern all substantive matters arising out of or relating to this Service Agreement and all transactions contemplated by this Service Agreement, including, without limitation, the validity, interpretation, construction, performance and enforcement of this Service Agreement. In the event either party files a claim(s) against the other, resulting in a ruling that a portion of this Service Agreement is unenforceable, the portion of this Service Agreement that has been ruled to be unenforceable shall be severed, and the remaining provisions shall be enforced. However, if the portion of the Service Agreement that was ruled to be unenforceable is or includes the above waiver of class action rights, then this Service Agreement shall be unenforceable in its entirety.

Dispute Resolution; Arbitration. This Service Agreement Contract requires binding arbitration if there is an unresolved dispute between You and Us concerning this Service Agreement Contract (including the Cost cost of, lack of or actual repair or replacement arising from a Breakdownclaim). Under this Arbitration provision, You give up Your right to resolve any dispute arising from this Service Agreement Contract by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations. Any dispute on the application of this arbitration provision will be made by the local court of law in the county and state where You live. Notwithstanding this arbitration provision, You are not prohibited from bringing an action in Small Claims Court to resolve Your dispute. The Consumer Arbitration Rules of the American Arbitration Association (xxx.xxx.xxx) will apply to any arbitration under this Service AgreementContract. To start arbitration, either You or We must make a written demand to the other party for arbitration. You may make written demand directly to Us at [000 Xxxx Xxxxxxx Xxxx., Chicago, IL 60604, Attn: Law Department]. This demand must be made within one year of the earlier of: I. The date the Breakdown loss giving rise to the claim occurred or the date the dispute arose, or II. The applicable statute of limitations period if that period is longer. One mutually agreed upon arbitrator will be identified. We will advance to You all or part All costs and expenses of the fees of the AAA arbitration will be shared equally by You and of the arbitrator. The arbitrator may otherwise allocate these feesUs. Unless otherwise agreed to by You and Us, the arbitration will take place in the county and state in which You live. The procedural rules for arbitration shall be governed by the Federal Arbitration Act (9 U.S.C.A. § 1 et. seq.) and not by any state law concerning arbitration. The laws of the state of Illinois (without giving effect to its conflict of law principles) govern all substantive matters arising out of or relating to this Service Agreement Contract and all transactions contemplated by this Service AgreementContract, including, without limitation, the validity, interpretation, construction, performance and enforcement of this Service AgreementContract. In the event either party files a claim(s) against the other, resulting in a ruling that a portion of this Service Agreement Contract is unenforceable, the portion of this Service Agreement Contract that has been ruled to be unenforceable shall be severed, and the remaining provisions shall be enforced. However, if the portion of the Service Agreement Contract that was ruled to be unenforceable is or includes the above waiver of class action rights, then this Service Agreement Contract shall be unenforceable in its entirety.

Dispute Resolution; Arbitration. This Service Agreement requires binding arbitration if there is an unresolved dispute between You and Us concerning this Service Agreement (including the Cost Agreement Price of, lack of or actual repair or replacement arising from a Breakdownbreakdown). Under this Arbitration provision, You give up Your right to resolve any dispute arising from this Service Agreement by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations. In arbitration, a group of three arbitrators (each of whom is an independent, neutral third party) will give a decision after hearing Your and Our positions. The decision of a majority of the arbitrators will determine the outcome of the arbitration and the decision of the arbitrators shall be final and binding and cannot be reviewed or changed by, or appealed to, a court of law. Any dispute on the application of this arbitration provision will be made by the local court of law in the county and state where You live. Notwithstanding this arbitration provision, You are not prohibited from bringing an action in Small Claims Court to resolve Your dispute. The Consumer Arbitration Rules of the American Arbitration Association (xxx.xxx.xxx) will apply to any arbitration under this Service Agreement. To start arbitration, either You or We must make a written demand to the other party for arbitration. You may make written demand directly to Us at [000 Xxxx Xxxxxxx Xxxx., Chicago, IL 60604, Attn: Law Department]. This demand must be made within one (1) year of the earlier of: I. The of the date the Breakdown breakdown occurred or the date dispute arose or the dispute arose, or II. The applicable statute of limitations period if that period period, whichever is longer. One mutually agreed upon arbitrator will be identified. You and We will advance to You all or part of the fees of the AAA and of the each separately select an arbitrator. The two arbitrators will select a third arbitrator may otherwise allocate these feescalled an “umpire.” All costs and expenses of the arbitration will be shared equally by You and Us. Unless otherwise agreed to by You and Us, the arbitration will take place in the county and state in which You live. The procedural rules for arbitration shall be governed by the Federal Arbitration Act (9 U.S.C.A. § 1 et. seq.) and not by any state law concerning arbitration. The rules of the American Arbitration Association (xxx.xxx.xxx) will apply to any arbitration under this Agreement. The laws of the state of Illinois (without giving effect to its conflict of law principles) govern all substantive matters arising out of or relating to this Service Agreement and all transactions contemplated by this Service Agreement, including, without limitation, the validity, interpretation, construction, performance and enforcement of this Service Agreement. In the event either party files a claim(s) against the other, resulting in a ruling that a portion of this Service Agreement is unenforceable, the portion of this Service Agreement that has been ruled to be unenforceable shall be severed, and the remaining provisions shall be enforced. However, if the portion of the Service Agreement that was ruled to be unenforceable is or includes the above waiver of class action rights, then this Service Agreement shall be unenforceable in its entirety.

Dispute Resolution; Arbitration. This Service Agreement requires binding arbitration if there is an unresolved dispute between You and Us concerning this Service Agreement (including the Cost of, lack of or actual repair or replacement arising from a Breakdown). Under this Arbitration provision, You give up Your right to resolve any dispute arising from this Service Agreement by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations. Any dispute on the application of this arbitration provision will be made by the local court of law in the county and state where You live. Notwithstanding this arbitration provision, You are not prohibited from bringing an action in Small Claims Court to resolve Your dispute. The Consumer Arbitration Rules of the American Arbitration Association (xxx.xxx.xxx) will apply to any arbitration under this Service Agreement. To start arbitration, either You or We must make a written demand to the other party for arbitration. You may make written demand directly to Us at [000 Xxxx Xxxxxxx Xxxx., Chicago, IL 60604, Attn: Law Department]. This demand must be made within one year of the earlier of: I. The date the Breakdown occurred or the date the dispute arose, or II. The applicable statute of limitations period if that period is longer. One mutually agreed upon arbitrator will be identified. We will advance to You all or part of the fees of the AAA and of the arbitrator. The arbitrator may otherwise allocate these fees. Unless otherwise agreed to by You and Us, the arbitration will take place in the county and state in which You live. The procedural rules for arbitration shall be governed by the Federal Arbitration Act (9 U.S.C.A. § 1 et. seq.) and not by any state law concerning arbitration. The laws of the state of Illinois (without giving effect to its conflict of law principles) govern all substantive matters arising out of or relating to this Service Agreement and all transactions contemplated by this Service Agreement, including, without limitation, the validity, interpretation, construction, performance and enforcement of this Service Agreement. In the event either party files a claim(s) against the other, resulting in a ruling that a portion of this Service Agreement is unenforceable, the portion of this Service Agreement that has been ruled to be unenforceable shall be severed, and the remaining provisions shall be enforced. However, if the portion of the Service Agreement that was ruled to be unenforceable is or includes the above waiver of class action rights, then this Service Agreement shall be unenforceable in its entirety.to

Dispute Resolution; Arbitration. This Service Agreement Please read the following section carefully because it requires binding arbitration if there is you to arbitrate certain disputes and claims with FleetNurse and limits the manner in which you can seek relief from us. Except for small claims disputes in which you or FleetNurse seek to bring an unresolved dispute between You individual action in small claims court or disputes in which you or FleetNurse seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Us concerning this Service Agreement (including the Cost of, lack of or actual repair or replacement arising from FleetNurse waive your rights to a Breakdown). Under this Arbitration provision, You give up Your right jury trial and to resolve have any dispute arising from this Service Agreement by a judge and/or a jury. You also agree not out of or related to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations. Any dispute on the application of this arbitration provision will be made by the local court of law in the county and state where You live. Notwithstanding this arbitration provision, You are not prohibited from bringing an action in Small Claims Court to resolve Your dispute. The Consumer Arbitration Rules of the American Arbitration Association (xxx.xxx.xxx) will apply to any arbitration under this Service Agreement. To start arbitration, either You or We must make a written demand to the other party for arbitration. You may make written demand directly to Us at [000 Xxxx Xxxxxxx Xxxx., Chicago, IL 60604, Attn: Law Department]. This demand must be made within one year of the earlier of: I. The date the Breakdown occurred these Terms or the date the dispute aroseMobile App or our Services resolved in court. Instead, or II. The applicable statute of limitations period if that period is longer. One mutually agreed upon arbitrator will be identified. We will advance to You all or part of the fees of the AAA and of the arbitrator. The arbitrator may otherwise allocate these fees. Unless otherwise agreed to by You and Us, the arbitration will take place in the county and state in which You live. The procedural rules for arbitration shall be governed by the Federal Arbitration Act (9 U.S.C.A. § 1 et. seq.) and not by any state law concerning arbitration. The laws of the state of Illinois (without giving effect to its conflict of law principles) govern all substantive matters disputes arising out of or relating to this Service Agreement and all transactions contemplated by this Service Agreement, including, without limitationthese Terms, the validityMobile App, interpretationor our Services will be resolved through confidential binding arbitration held in Portland, constructionOregon in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), performance which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason. You and FleetNurse agree that any dispute arising out of or related to these Terms, the Mobile App, or our Services is personal to you and FleetNurse and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and FleetNurse agree that these Terms affect interstate commerce and that the enforceability of this Section 12 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator will only conduct an individual arbitration and will not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and FleetNurse agree that for any arbitration you initiate, you will pay the filing fee and FleetNurse will pay the remaining JAMS fees and costs. For any arbitration initiated by FleetNurse, FleetNurse will pay all JAMS fees and costs. You and FleetNurse agree that the state or federal courts of the State of Oregon and the United States sitting in Portland, Oregon have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS, THE MOBILE APP, OR OUR SERVICES MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND FLEETNURSE WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Service AgreementSection 11 by sending us a written notice at the contact address provided under the “Notices” section. In the event either party files a claim(s) against the other, resulting in a ruling that a portion of this Service Agreement is unenforceableorder to be effective, the portion opt out notice must include your full name and clearly indicate your intent to opt out of this Service Agreement that has been ruled binding arbitration. By opting out of binding arbitration, you are agreeing to be unenforceable shall be severed, and the remaining provisions shall be enforced. However, if the portion of the Service Agreement that was ruled to be unenforceable is or includes the above waiver of class action rights, then this Service Agreement shall be unenforceable resolve Disputes in its entiretyaccordance with Section 12 below.

Dispute Resolution; Arbitration. This Service Agreement requires binding arbitration if there is an unresolved dispute between You and Us concerning this Service Agreement (including the Cost Agreement Price of, lack of or actual repair or replacement arising from a Breakdownbreakdown). Under this Arbitration provision, You give up Your right to resolve any dispute arising from this Service Agreement by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations. In arbitration, a group of three arbitrators (each of whom is an independent, neutral third party) will give a decision after hearing Your and Our positions. The decision of a majority of the arbitrators will determine the outcome of the arbitration and the decision of the arbitrators shall be final and binding and cannot be reviewed or changed by, or appealed to, a court of law. Any dispute on the application of this arbitration provision will be made by the local court of law in the county and state where You live. Notwithstanding this arbitration provision, You are not prohibited from bringing an action in Small Claims Court to resolve Your dispute. The Consumer Arbitration Rules of the American Arbitration Association (xxx.xxx.xxx) will apply to any arbitration under this Service Agreement. To start arbitration, either You or We must make a written demand to the other party for arbitration. You may make written demand directly to Us at [000 Xxxx Xxxxxxx Xxxx., Chicago, IL 60604, Attn: Law Department]. This demand must be made within one (1) year of the earlier of: I. The of the date the Breakdown breakdown occurred or the date dispute arose or the dispute arose, or II. The applicable statute of limitations period if that period period, whichever is longer. One mutually agreed upon arbitrator will be identified. You and We will advance to You all or part of the fees of the AAA and of the each separately select an arbitrator. The two arbitrators will select a third arbitrator may otherwise allocate these feescalled an "umpire". All costs and expenses of the arbitration will be shared equally by You and Us. Unless otherwise agreed to by You and Us, the arbitration will take place in the county and state in which You live. The procedural rules for arbitration shall be governed by the Federal Arbitration Act (9 U.S.C.A. § 1 et. seq.) and not by any state law concerning arbitration. The rules of the American Arbitration Association (xxx.xxx.xxx) will apply to any arbitration under this Agreement. The laws of the state of Illinois (without giving effect to its conflict of law principles) govern all substantive matters arising out of or relating to this Service Agreement and all transactions contemplated by this Service Agreement, including, without limitation, the validity, interpretation, construction, performance and enforcement of this Service Agreement. In the event either party files a claim(s) against the other, resulting in a ruling that a portion of this Service Agreement is unenforceable, the portion of this Service Agreement that has been ruled to be unenforceable shall be severed, and the remaining provisions shall be enforced. However, if the portion of the Service Agreement that was ruled to be unenforceable is or includes the above waiver of class action rights, then this Service Agreement shall be unenforceable in its entirety.

Dispute Resolution; Arbitration. This Service Agreement requires binding arbitration if there is an unresolved dispute between You and Us concerning this Service Agreement (including the Cost of, lack of or actual repair or replacement arising from a Breakdown). Under this Arbitration provision, You give up Your right to resolve any dispute arising from this Service Agreement by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations. Any dispute on the application of this arbitration provision will be made by the local court of law in the county and state where You live. Notwithstanding this arbitration provision, You are not prohibited from bringing an action in Small Claims Court to resolve Your dispute. The Consumer Arbitration Rules of the American Arbitration Association (xxx.xxx.xxx) will apply to any arbitration under this Service Agreement. To start arbitration, either You or We must make a written demand to the other party for arbitration. You may make written demand directly to Us at [000 Xxxx Xxxxxxx Xxxx., Chicago, IL 60604, Attn: Law Department]. This demand must be made within one year of the earlier of: I. The date the Breakdown occurred or the date the dispute arose, or II. The applicable statute of limitations period if that period is longer. One mutually agreed upon arbitrator will be identified. We will advance to You all or part of the fees of the AAA and of the arbitrator. The arbitrator may otherwise allocate these fees. Unless otherwise agreed to by You and Us, the arbitration will take place in the county and state in which You live. The procedural rules for arbitration shall be governed by the Federal Arbitration Act (9 U.S.C.A. § 1 et. seq.) and not by any state law concerning arbitration. The laws of the state of Illinois (without giving effect to its conflict of law principles) govern all substantive matters arising out of or relating to this Service Agreement and all transactions contemplated by this Service Agreement, including, without limitation, the validity, interpretation, construction, performance performance, and enforcement of this Service Agreement. In the event either party files a claim(s) against the other, resulting in a ruling that a portion of this Service Agreement is unenforceable, the portion of this Service Agreement that has been ruled to be unenforceable shall be severed, and the remaining provisions shall be enforced. However, if the portion of the Service Agreement that was ruled to be unenforceable is or includes the above waiver of class action rights, then this Service Agreement shall be unenforceable in its entirety.

Dispute Resolution; Arbitration. This Service Agreement requires binding arbitration if there is an unresolved dispute between You and Us concerning this Service Agreement (including the Cost of, of lack of or actual repair or replacement arising from a Breakdown). Under this Arbitration provision, You give up Your right to resolve any dispute arising from this Service Agreement by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations. Any dispute on the application of this arbitration provision will be made by the local court of law in the county and state where You live. Notwithstanding this arbitration provision, You are not prohibited from bringing an action in Small Claims Court to resolve Your dispute. The Consumer Arbitration Rules of the American Arbitration Association (xxx.xxx.xxx) will apply to any arbitration under this Service Agreement. To start arbitration, either You or We must make a written demand to the other party for arbitration. You may make written demand directly to Us at [000 Xxxx Xxxxxxx Xxxx., Chicago, IL 60604, Attn: Law Department]. This demand must be made within one year of the earlier of: I. The date the Breakdown occurred or the date the dispute arose, or II. The applicable statute of limitations period if that period is longer. One mutually agreed upon arbitrator will be identified. We will advance to You all or part of the fees of the AAA and of the arbitrator. The arbitrator may otherwise allocate these fees. Unless otherwise agreed to by You and Us, the arbitration will take place in the county and state in which You live. The procedural rules for arbitration shall be governed by the Federal Arbitration Act (9 U.S.C.A. § 1 et. seq.) and not by any state law concerning arbitration. The laws of the state of Illinois (without giving effect to its conflict of law principles) govern all substantive matters arising out of or relating to this Service Agreement and all transactions contemplated by this Service Agreement, including, without limitation, the validity, interpretation, construction, performance performance, and enforcement of this Service Agreement. In the event either party files a claim(s) against the other, resulting in a ruling that a portion of this Service Agreement is unenforceable, the portion of this Service Agreement that has been ruled to be unenforceable shall be severed, and the remaining provisions shall be enforced. However, if the portion of the Service Agreement that was ruled to be unenforceable is or includes the above waiver of class action rights, then this Service Agreement shall be unenforceable in its entirety.