User Manual

Legal
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agreed upon by you and us; (b) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN OUR INDIVIDUAL CAPACITY, AND NOT
AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (c) THE ARBITRATOR MAY NOT
CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR
CLASS PROCEEDING, (d) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared
to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems
necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (e) we also reserve the right in
our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (f) the arbitrator shall honor claims of
privilege and privacy recognized at law; and (g) a decision by the arbitrator (including any finding of fact and/or conclusion of law)
against either you or us shall be confidential unless otherwise required to be disclosed by law or by any administrative body and may
not be collaterally used against either of them in existing or subsequent litigation or arbitration involving any other person/customer.
With the exception of subparts (b) and (c) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of
this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then
the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid,
unenforceable, illegal or conflicting provision were not contained in these terms of conditions of use. If, however, either subpart (b) or
(c) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you
nor we shall be entitled to arbitration.
In the event this agreement to arbitrate is held unenforceable, or in the event AAA refuses to arbitrate the dispute, all controversies,
disputes, demands, counts, claims, or causes of action between you and us shall be exclusively brought in the state or federal courts
located in San Diego County, California. Further, in the event either you or we bring an action in a court seeking provisional interim
equitable relief pending resolution of an arbitration, such provisional interim relief must be exclusively sought in the state or federal
courts located in San Diego County, California.