MANDATORY BINDING ARBITRATION; WAIVER OF CLASS ACTION
YOU AND WE AGREE THAT ALL COVERED DISPUTES, REGARDLESS OF THE NATURE OF THE CAUSE(S) OF ACTION ASSERTED (INCLUDING CLAIMS FOR INJUNCTIVE, DECLARATORY, OR EQUITABLE RELIEF), SHALL BE RESOLVED BY MANDATORY BINDING ARBITRATION. CLAIMS SUBJECT TO ARBITRATION INCLUDE CLAIMS THAT ARE MADE AS COUNTERCLAIMS, CROSS CLAIMS, THIRD PARTY CLAIMS, INTERPLEADERS, OR OTHERWISE. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, AND YOU AND WE AGREE TO WAIVE ANY RIGHT THAT YOU OR WE MIGHT OTHERWISE HAVE HAD TO A JURY TRIAL OR THE OPPORTUNITY TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY.
YOU FURTHER AGREE THAT YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL) TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY; NOR WILL YOU BE ABLE TO PARTICIPATE AS A CLASS MEMBER IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN ARBITRATION OR IN COURT BEFORE EITHER A JUDGE OR JURY.
Either you or we may require the submission of a Covered Disputes to binding arbitration at any reasonable time, even if a lawsuit or other proceeding has begun. If either you or we fail to submit to binding arbitration following a proper demand, the one who fails will bear all costs and expenses, including reasonable attorney’s fees and expenses, incurred by the other in compelling arbitration.
Each arbitration, including the selection of the arbitrator, will be governed by the Federal Arbitration Act, as applicable and administered by the American Arbitration Association (“AAA”) according to the Commercial Arbitration Rules and the Supplemental Procedures for Consumer Related Disputes (“AAA Rules”), provided, that this Section supersedes any conflicting provision of the AAA Rules. Arbitration proceedings shall be held in AAA offices located in the State of California, County of Orange.
Arbitration fees shall be determined by the rules or procedures of the Arbitration Administrator, unless limited by applicable law. If the law that applies to this Agreement limits the amount of fees and expenses you have to pay, then no allocation of fees and expenses to you shall exceed this limitation. Unless inconsistent with applicable law, each party shall bear expense for its own attorney, expert and witness fees, regardless of which of party prevails in the arbitration.
All statutes of limitations that apply to any Covered Dispute apply to any arbitration between you and us.
You and we each agree to take all steps and execute all documents necessary to implement the arbitration. The arbitrator may hear and rule on appropriate dispositive motions as part of the arbitration proceeding, such as motions for judgments on the pleadings, summary judgment, or partial summary judgment. The arbitrator will decide any dispute regarding the enforceability of this Arbitration Provision. All parties (the AAA, the arbitrators, you and us) must, to the extent feasible, take any action necessary to ensure that an arbitration proceeding, as described in this Section, is completed within 180 days of filing the Covered Dispute with the AAA.
All parties agree to maintain confidential and not disclose the existence, content, or results of the arbitration, except for disclosures of information required in the ordinary course of business or permitted by applicable law or regulation. This provision will be liberally construed to ensure enforcement.