Common use of Disputes/Arbitration Clause in Contracts

Disputes/Arbitration. If you and we have a disagreement related to Services, we'll try to resolve it by talking with each other. If we can't resolve it that way, WE BOTH AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, TO USE ARBITRATION, NOT LAWSUITS (except for small claims court cases as described below) TO RESOLVE THE DISPUTE. Of course, either of us can always contact a government agency or regulatory authority for help, too. Here's how private arbitration will work: You agree that, apart from any claim you may bring in small claims court, the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your use of the Services or relating to this Agreement or any prior agreement for service with us or any of our affiliates, predecessors in interest, or Third Party Service Providers or any product or service provided under or in connection with this Agreement or such a prior agreement, or any advertising for such products or Services, shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate any patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that there is no adequate remedy at law and that injunctive or other appropriate relief may be sought by us and/or an applicable third party either in court or from an arbitrator. You and we acknowledge that this Agreement affects interstate commerce and that the Federal Arbitration Act and other federal arbitration law apply to arbitrations under this Agreement (despite any other choice of law provision). To the extent that the Federal Arbitration Act and federal arbitration law do not supply substantive law necessary for the resolution of any disputes or claims, the laws of the State of Texas shall apply, except that Texas laws concerning choice of law or conflicts shall not apply if they would cause the substantive law of another jurisdiction to apply. To the extent that the parties litigate any part of any dispute or claim in court, including, without limitation, obtaining provisional remedies in aid or arbitration, confirmation of an award, and judgment enforcement, the laws of the State of Texas shall apply, except that Texas laws concerning choice of law or conflict of laws shall not apply if they would cause the substantive law of another jurisdiction to apply. For claims over $10,000, the American Arbitration Association's Wireless Industry Arbitration ("WIA") rules shall apply. In large/complex cases under the WIA rules, the arbitrators must apply the Federal Rules of Evidence and the losing party may have the award reviewed by a panel of three new arbitrators. For claims of $10,000 or less, arbitration will be conducted by the American Arbitration Association ("AAA"), the Better Business Bureau ("BBB") or the National Arbitration Forum ("NAF"). You can choose the AAA's supplementary procedures for consumer related disputes, the NAF rules for Consumer Common Claims, or the BBB's rules for binding arbitration. We will waive our right to arbitrate any individual (as opposed to class) claim you bring or maintain in small claims court for so long as the matter remains an individual claim and remains in small claims court. You can get rules and fee information from the AAA (xxx.xxx.xxx), the NAF (xxx.xxxxxxxx.xxx) or the BBB (xxx.xxx.xxx). You expressly waive the right to request or maintain any class arbitrations even if AAA, NAF or BBB procedures or rules would permit them (this is referred to below as the "Class Action Waiver"). In exchange for this, we'll pay (if you ask us in advance) for any filing fee charged you by the AAA, NAF or BBB for one arbitration of any disputes between us, so long as you tried in good faith to resolve the disputes with us before filing for arbitration. If the arbitration proceeds past the filing, we'll also pay (if you ask us at the time) any further administrative and arbitrator fees you are later charged. An arbitrator can decide later whether to allocate the fees differently if there's an award. The arbitrator may award you any fees and charges that are necessary to ensure the enforceability of this arbitration provision. There's no judge or jury in arbitration, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations in this Agreement as a court would. You and we agree to pay our own fees, costs, and expenses, including those for any attorneys, experts, and witnesses. You agree that any claim for or award of attorneys’ fees, including any such claim or award pursuant to Chapter 38 of the Texas Civil Practice and Remedies Code, is waived. Any arbitration award made after completion of an arbitration is final and binding and may be confirmed in any court of competent jurisdiction, except that in the event the arbitrator's award for a party is $0 or against a party is in excess of $100,000, or includes an award of injunctive relief against a party, that party may request a new arbitration to be conducted by the selected arbitration organization by a three-arbitrator panel. An award and any judgment confirming it only applies to the arbitration in which it was awarded and can't be used in any other case except to enforce the award itself. If a court or arbitrator determines that any part of this arbitration agreement other than the Class Action Waiver is not enforceable, the rest of this arbitration agreement shall be enforceable. If for some reason these arbitration requirements don't apply, or a claim proceeds in small claims court, each of you and we waive to the fullest extent permitted by law any trial by jury. In no event shall any claim, action or proceeding by you related in any way to the Services, this Agreement, or any prior agreement, as described above, be instituted more than two (2) years after the claim or cause of action arose. This Agreement to arbitrate survives the end of the contractual relationship between us.

Disputes/Arbitration. If you and we have a disagreement related to Services, we'll try to resolve it by talking with each other. If we can't resolve it that way, WE BOTH AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, TO USE ARBITRATION, NOT LAWSUITS (except for small claims court cases not exceeding $15,000 which may be brought before the Puerto Rico Court of First Instance pursuant to Rule 60 of the Puerto Rico Rules of Civil Procedure as described below) TO RESOLVE THE DISPUTE. Of course, either of us can always contact a government agency or regulatory authority for help, too. Here's how private arbitration will work: You agree that, apart from any claim you may bring in small claims courtbefore the Puerto Rico Court of First Instance pursuant to Rule 60 of the Puerto Rico Rules of Civil Procedure, the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your use of the Services or relating to this Agreement or any prior agreement for service with us or any of our affiliates, predecessors in interest, or Third Party Service Providers or any product or service provided under or in connection with this Agreement or such a prior agreement, or any advertising for such products or Services, shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate any patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that there is no adequate remedy at law and that injunctive or other appropriate relief may be sought by us and/or an applicable third party either in court or from an arbitrator. You and we acknowledge that this Agreement affects interstate commerce and that the Federal Arbitration Act and other federal arbitration law apply to arbitrations under this Agreement (despite any other choice of law provision). To the extent that the Federal Arbitration Act and federal arbitration law do not supply substantive law necessary for the resolution of any disputes or claims, the laws of the State of Texas shall apply, except that Texas laws concerning choice of law or conflicts shall not apply if they would cause the substantive law of another jurisdiction to apply. To the extent that the parties litigate any part of any dispute or claim in court, including, without limitation, obtaining provisional remedies in aid or of arbitration, confirmation of an award, and judgment enforcement, the laws of the State of Texas shall apply, except that Texas laws concerning choice of law or conflict of laws shall not apply if they would cause the substantive law of another jurisdiction to apply. For claims over $10,000, the American Arbitration Association's Wireless Industry Arbitration ("WIA") rules shall apply. In large/complex cases under the WIA rules, the arbitrators must apply the Federal Rules of Evidence and the losing party may have the award reviewed by a panel of three new arbitrators. For claims of $10,000 or less, arbitration will be conducted by the American Arbitration Association ("AAA"), the Better Business Bureau ("BBB") or the National Arbitration Forum ("NAF")) if available in Puerto Rico. You can choose the AAA's supplementary procedures for consumer related disputes, the NAF rules for Consumer Common Claims, or the BBB's rules for binding arbitrationarbitration as applicable. We will waive our right to arbitrate any individual (as opposed to class) claim you bring or maintain in small claims court the Puerto Rico Court of First Instance pursuant to Rule 60 of the Puerto Rico Rules of Civil Procedure for so long as the matter remains an individual claim and remains in small claims courtthe Court of First Instance pursuant to Rule 60 of the Puerto Rico Rules of Civil Procedure. You can get rules and fee information from the AAA (xxx.xxx.xxx), ) or the NAF (xxx.xxxxxxxx.xxx) or the BBB (xxx.xxx.xxx). You expressly waive the right to request or maintain any class arbitrations even if AAA, NAF or BBB procedures or rules would permit them (this is referred to below as the "Class Action Waiver"). In exchange for this, we'll pay (if you ask us in advance) for any filing fee charged you by the AAA, NAF or BBB for one arbitration of any disputes between us, so long as you tried in good faith to resolve the disputes with us before filing for arbitration. If the arbitration proceeds past the filing, we'll also pay (if you ask us at the time) any further administrative and arbitrator fees you are later charged. An arbitrator can decide later whether to allocate the fees differently if there's an award. The arbitrator may award you any fees and charges that are necessary to ensure the enforceability of this arbitration provision. There's no judge or jury in arbitration, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations in this Agreement as a court would. You and we agree to pay our own fees, costs, and expenses, including those for any attorneys, experts, and witnesses. You agree that any claim for or award of attorneys’ fees, including any such claim or award pursuant to Chapter 38 of the Texas Civil Practice and Remedies Code, is waived. Any arbitration award made after completion of an arbitration is final and binding and may be confirmed in any court of competent jurisdiction, except that in the event the arbitrator's award for a party is $0 or against a party is in excess of $100,000, or includes an award of injunctive relief against a party, that party may request a new arbitration to be conducted by the selected arbitration organization by a three-arbitrator panel. An award and any judgment confirming it only applies to the arbitration in which it was awarded and can't be used in any other case except to enforce the award itself. If a court or arbitrator determines that any part of this arbitration agreement other than the Class Action Waiver is not enforceable, the rest of this arbitration agreement shall be enforceable. If for some reason these arbitration requirements don't apply, or a claim proceeds in small claims courtthe Court of First Instance pursuant to Rule 60 of the Puerto Rico Rules of Civil Procedure, each of you and we waive to the fullest extent permitted by law any trial by jury. In no event shall any claim, action or proceeding by you related in any way to the Services, this Agreement, or any prior agreement, as described above, be instituted more than one (1) year after the claim arises in claims for damages pursuant to Article 1802 of the Puerto Rico Civil Code or two (2) years after the claim arises for other types of legal actions, or any lesser term applicable to the specific cause of action arosepursuant to the applicable law in your jurisdiction of residence. This Agreement to arbitrate survives the end of the contractual relationship between us.

Disputes/Arbitration. If You reside in the United States, you and we agree to the following: We are committed to customer satisfaction, so if You have a disagreement related to Servicesproblem or dispute, we'll we will try to resolve it Your concerns. But if we are unsuccessful, you may pursue claims as explained in this section. You agree to give us an opportunity to resolve any disputes or claims relating in any way to the Services, any dealings with our customer experience agents, any services or products provided, any representations made by talking with each otherus, or our Privacy Policy (“Claims”) by contacting Royal Consulting Solutions LLC at Xxxxxxxxxxxxxxxxxxxxxxxx@xxxxx.xxx. If we can't are not able to resolve it that wayYour Claims within 60 days, WE BOTH AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, TO USE ARBITRATION, NOT LAWSUITS (except for small claims court cases as described below) TO RESOLVE THE DISPUTE. Of course, either of us can always contact a government agency or regulatory authority for help, too. Here's how private arbitration will work: You agree that, apart from any claim you may bring seek relief through arbitration or in small claims court, the sole and exclusive forum and remedy for any as set forth below. Any and all disputes and claims that cannot Claims will be resolved informally and that relate in any way to or arise out of your use of the Services or relating to this Agreement or any prior agreement for service with us or any of our affiliates, predecessors in interest, or Third Party Service Providers or any product or service provided under or in connection with this Agreement or such a prior agreement, or any advertising for such products or Services, shall be final and by binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate any patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that there is no adequate remedy at law and that injunctive or other appropriate relief may be sought by us and/or an applicable third party either in court or from an arbitrator. You and we acknowledge that this Agreement affects interstate commerce and that the Federal Arbitration Act and other federal arbitration law apply to arbitrations under this Agreement (despite any other choice of law provision). To the extent that the Federal Arbitration Act and federal arbitration law do not supply substantive law necessary for the resolution of any disputes or claims, the laws of the State of Texas shall apply, except that Texas laws concerning choice of law or conflicts shall not apply if they would cause the substantive law of another jurisdiction to apply. To the extent that the parties litigate any part of any dispute or claim rather than in court, including, without limitation, obtaining provisional remedies in aid or arbitration, confirmation of except You may assert Claims on an award, and judgment enforcement, the laws of the State of Texas shall apply, except that Texas laws concerning choice of law or conflict of laws shall not apply if they would cause the substantive law of another jurisdiction to apply. For claims over $10,000, the American Arbitration Association's Wireless Industry Arbitration ("WIA") rules shall apply. In large/complex cases under the WIA rules, the arbitrators must apply the Federal Rules of Evidence and the losing party may have the award reviewed by a panel of three new arbitrators. For claims of $10,000 or less, arbitration will be conducted by the American Arbitration Association ("AAA"), the Better Business Bureau ("BBB") or the National Arbitration Forum ("NAF"). You can choose the AAA's supplementary procedures for consumer related disputes, the NAF rules for Consumer Common Claims, or the BBB's rules for binding arbitration. We will waive our right to arbitrate any individual (as opposed to class) claim you bring or maintain basis in small claims court for so long as the matter remains an individual claim and remains in small claims courtif they qualify. This includes any Claims You can get rules and fee information from the AAA (xxx.xxx.xxx), the NAF (xxx.xxxxxxxx.xxx) or the BBB (xxx.xxx.xxx). You expressly waive the right to request or maintain any class arbitrations even if AAA, NAF or BBB procedures or rules would permit them (this is referred to below as the "Class Action Waiver"). In exchange for this, we'll pay (if you ask us in advance) for any filing fee charged you by the AAA, NAF or BBB for one arbitration of any disputes between assert against us, so long as you tried in good faith to resolve the disputes with our subsidiaries, users or any companies offering products or services through us before filing for arbitration. If the arbitration proceeds past the filing, we'll also pay (if you ask us at the time) any further administrative and arbitrator fees you which are later charged. An arbitrator can decide later whether to allocate the fees differently if there's an award. The arbitrator may award you any fees and charges that are necessary to ensure the enforceability beneficiaries of this arbitration provisionagreement). There's This also includes any Claims that arose before You accepted this Agreement, regardless of whether prior versions of this Agreement required arbitration. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, but an arbitrator can award on an individual basis the same damages and reliefrelief as a court (including statutory damages, attorneys’ fees and costs), and must honor the same limitations in follow and enforce this Agreement as a court would. You Any and we agree all proceedings to pay our own feesresolve Claims will be conducted only on an individual basis and not in a class, costs, and expenses, including those consolidated or representative action. If for any attorneys, experts, reason a Claim proceeds in court rather than in arbitration we each waive any right to a jury trial. The Federal Arbitration Act and witnessesfederal arbitration law apply to this Agreement. You agree that any claim for or award of attorneys’ fees, including any such claim or award pursuant to Chapter 38 of the Texas Civil Practice and Remedies Code, is waived. Any An arbitration award made after completion of an arbitration is final and binding and decision may be confirmed in by any court of with competent jurisdiction, except that in . Notwithstanding the event provisions of the arbitrator's award for a party is $0 or against a party is in excess of $100,000, or includes an award of injunctive relief against a party, that party may request a new arbitration to be conducted by the selected arbitration organization by a three-arbitrator panel. An award “Amendment and any judgment confirming it only applies Changes” section above concerning modifications to the arbitration in which it was awarded and can't be used in any other case except to enforce the award itself. If a court or arbitrator determines that any part terms of this arbitration agreement other than the Class Action Waiver is not enforceable, the rest of this arbitration agreement shall be enforceable. If for some reason these arbitration requirements don't apply, or a claim proceeds in small claims court, each of you and we waive to the fullest extent permitted by law any trial by jury. In no event shall any claim, action or proceeding by you related in any way to the Services, this Agreement, if we change this “Disputes; Arbitration” section after the date You first accepted the Agreement (or accepted any prior agreementsubsequent changes to the terms of this Agreement), You may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as described indicated in the “Last Updated” date above. By rejecting any change, be instituted more than two (2) years after you are agreeing that You will arbitrate any Dispute between You and us in accordance with the claim or cause provisions of action arose. This Agreement to arbitrate survives the end this “Disputes; Arbitration” section as of the contractual relationship between usdate You first accepted the Agreement (or accepted any subsequent changes to the terms of this Agreement).

Disputes/Arbitration. If you and we have a disagreement related to Services, we'll try to resolve it by talking with each other. If we can't resolve it that way, WE BOTH AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, TO USE ARBITRATION, NOT LAWSUITS (except for small claims court cases as described below) TO RESOLVE THE DISPUTE. Of course, either of us can always contact a government agency or regulatory authority for help, too. Here's how private arbitration will work: You agree that, apart from any claim you may bring in small claims court, the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your use of the Services or relating to this Agreement or any prior agreement for service with us or any of our affiliates, predecessors in interest, or Third Party Service Providers or any product or service provided under or in connection with this Agreement or such a prior agreement, or any advertising for such products or Services, shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate any patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that there is no adequate remedy at law and that injunctive or other appropriate relief may be sought by us and/or an applicable third party either in court or from an arbitrator. You and we acknowledge that this Agreement affects interstate commerce and that the Federal Ontario Arbitration Act Act, 1991, S.O. 1991, c. 17 and other federal arbitration law apply to arbitrations under this Agreement (despite any other choice of law provision). To the extent that the Federal Ontario Arbitration Act and federal arbitration law do not supply substantive law necessary for the resolution of any disputes or claims, the laws of the State Province of Texas Ontario shall apply, except that Texas Ontario laws concerning choice of law or conflicts shall not apply if they would cause the substantive law of another jurisdiction to apply. To the extent that the parties litigate any part of any dispute or claim in court, including, without limitation, obtaining provisional remedies in aid or arbitration, confirmation of an award, and judgment enforcement, the laws of the State Province of Texas Ontario shall apply, except that Texas Ontario laws concerning choice of law or conflict of laws shall not apply if they would cause the substantive law of another jurisdiction to apply. For claims over $10,000The arbitration will be conducted in English, unless you reside in the American Arbitration Association's Wireless Industry Arbitration ("WIA") rules shall apply. In large/complex cases under the WIA rulesProvince of Quebec or New Brunswick, the arbitrators must apply the Federal Rules of Evidence and the losing party in which case you may elect to have the award reviewed by a panel of three new arbitratorsarbitration conducted in French. For claims of $10,000 or less, arbitration Arbitration will be conducted by the American Canadian Commercial Arbitration Association Centre ("AAA"“CCAC”), the Better Business Bureau ("BBB") or the National Arbitration Forum ("NAF"). You can choose the AAA's supplementary procedures for consumer related disputes, the NAF rules for Consumer Common Claims, or the BBB's rules for binding arbitration. We will waive our right to arbitrate any individual (as opposed to class) claim you bring or maintain in small claims court for so long as the matter remains an individual claim and remains in small claims court. You can get rules and fee information from the AAA CCAC (xxx.xxx.xxx), the NAF (xxx.xxxxxxxx.xxx) or the BBB (xxx.xxx.xxxxxxx://xxx.xxxx-xxx.xxx/en). You expressly waive the right to request or maintain any class arbitrations even if AAA, NAF or BBB CCAC procedures or rules would permit them (this is referred to below as the "Class Action Waiver"). In exchange for this, we'll pay (if you ask us in advance) for any filing fee charged you by the AAA, NAF or BBB CCAC for one arbitration of any disputes between us, so long as you tried in good faith to resolve the disputes with us before filing for arbitration. If the arbitration proceeds past the filing, we'll also pay (if you ask us at the time) any further administrative and arbitrator fees you are later charged. An arbitrator can decide later whether to allocate the fees differently if there's an award. The arbitrator may award you any fees and charges that are necessary to ensure the enforceability of this arbitration provision. There's no judge or jury in arbitration, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations in this Agreement as a court would. You and we agree to pay our own fees, costs, and expenses, including those for any attorneys, experts, and witnesses. You agree that any claim for or award of attorneys’ fees, including any such claim or award pursuant to Chapter 38 Ontario Rules of the Texas Civil Practice and Remedies CodeProcedure, O. Reg. 193/15., is waived. Any arbitration award made after completion of an arbitration is final and binding and may be confirmed in any court of competent jurisdiction, except that in the event the arbitrator's award for a party is $0 or against a party is in excess of $100,000, or includes an award of injunctive relief against a party, that party may request a new arbitration to be conducted by the selected arbitration organization by a three-arbitrator panel. An award and any judgment confirming it only applies to the arbitration in which it was awarded and can't be used in any other case except to enforce the award itself. If a court or arbitrator determines that any part of this arbitration agreement other than the Class Action Waiver is not enforceable, the rest of this arbitration agreement shall be enforceable. If for some reason these arbitration requirements don't apply, or a claim proceeds in small claims court, each of you and we waive to the fullest extent permitted by law any trial by jury. In no event shall any claim, action or proceeding by you related in any way to the Services, this Agreement, or any prior agreement, as described above, be instituted more than two (2) years after the claim or cause of action arose. This Agreement to arbitrate survives the end of the contractual relationship between us.

Disputes/Arbitration. If you and we have a disagreement related to Services, we'll try to resolve it by talking with each other. If we can't n’t resolve it that way, WE BOTH AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, TO USE ARBITRATION, NOT LAWSUITS (except for small claims court cases as described below) TO RESOLVE THE DISPUTE. Of course, either of us can always contact a government agency or regulatory authority for help, too. Here's how private arbitration will work: You agree that, apart from any claim you may bring in small claims court, the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your use of the Services or relating to this Agreement or any prior agreement for service with us or any of our affiliates, predecessors in interest, or Third Party Service Providers or any product or service provided under or in connection with this Agreement or such a prior agreement, or any advertising for such products or Services, shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate any patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that there is no adequate remedy at law and that injunctive or other appropriate relief may be sought by us and/or an applicable third party either in court or from an arbitrator. You and we acknowledge that this Agreement affects interstate commerce and that the Federal Arbitration Act and other federal arbitration law apply to arbitrations under this Agreement (despite any other choice of law provision). To the extent that the Federal Arbitration Act and federal arbitration law do not supply substantive law necessary for the resolution of any disputes or claims, the laws of the State of Texas shall apply, except that Texas laws concerning choice of law or conflicts shall not apply if they would cause the substantive law of another jurisdiction to apply. To the extent that the parties litigate any part of any dispute or claim in court, including, without limitation, obtaining provisional remedies in aid or arbitration, confirmation of an award, and judgment enforcement, the laws of the State of Texas shall apply, except that Texas laws concerning choice of law or conflict of laws shall not apply if they would cause the substantive law of another jurisdiction to apply. For claims over $10,000, the American Arbitration Association's Wireless Industry Arbitration ("WIA") rules shall apply. In large/complex cases under the WIA rules, the arbitrators must apply the Federal Rules of Evidence and the losing party may have the award reviewed by a panel of three new arbitrators. For claims of $10,000 or less, arbitration will be conducted by the American Arbitration Association ("AAA"), the Better Business Bureau ("BBB") or the National Arbitration Forum ("NAF"). You can choose the AAA's supplementary procedures for consumer related disputes, the NAF rules for Consumer Common Claims, or the BBB's rules for binding arbitration. We will waive our right to arbitrate any individual (as opposed to class) claim you bring or maintain in small claims court for so long as the matter remains an individual claim and remains in small claims court. You can get rules and fee information from the AAA (xxx.xxx.xxx), the NAF (xxx.xxxxxxxx.xxx) or the BBB thebe (xxx.xxx.xxx). You expressly waive the right to request or maintain any class arbitrations even if AAA, NAF or BBB procedures or rules would permit them (this is referred to below as the "Class Action Waiver"). In exchange for this, we'll ’ll pay (if you ask us in advance) for any filing fee charged you by the AAA, NAF or BBB for one arbitration of any disputes between us, so long as you tried in good faith to resolve the disputes with us before filing for arbitration. If the arbitration proceeds past the filing, we'll also pay (if you ask us at the time) any further administrative and arbitrator fees you are later charged. An arbitrator can decide later whether to allocate the fees differently if there's ’s an award. The arbitrator may award you any fees and charges that are necessary to ensure the enforceability of this arbitration provision. There's no judge or jury in arbitration, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations in this Agreement as a court would. You and we agree to pay our own fees, costs, and expenses, including those for any attorneys, experts, and witnesses. You agree that any claim for or award of attorneys’ fees, including any such claim or award pursuant to Chapter 38 of the Texas Civil Practice and Remedies Code, is waived. Any arbitration award made after completion of an arbitration is final and binding and may be confirmed in any court of competent jurisdiction, except that in the event the arbitrator's award for a party is $0 or against a party is in excess of $100,000of$100,000, or includes an award of injunctive relief against a party, that party may request a new arbitration to be conducted by the selected arbitration organization by a three-arbitrator panel. An award and any judgment confirming it only applies to the arbitration in which it was awarded and can't be used in any other case except to enforce the award itself. If a court or arbitrator determines that any part of this arbitration agreement other than the Class Action Waiver is not enforceable, the rest of this arbitration agreement shall be enforceable. If for some reason these arbitration requirements don't apply, or a claim proceeds in small claims court, each of you and we waive to the fullest extent permitted by law any trial by jury. In no event shall any claim, action or proceeding by you related in any way to the Services, this Agreement, or any prior agreement, as described above, be instituted more than two (2) years after the claim or cause of action arose. This Agreement to arbitrate survives the end of the contractual relationship between us.