(a) Applicability of Arbitration Agreement. All conflicts and disputes (excluding requests for injunctive or other equitable relief, as set forth below) related to the Terms or the usage of any products or services supplied by the Company that cannot be resolved informally or in small claims court shall be resolved through binding arbitration on an individual basis pursuant to the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be conducted in English. This Arbitration Agreement applies to you and the Company and any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, assigns, and all authorized or unauthorized users or beneficiaries of services or goods supplied under the Terms.

(b) Notice Requirement and Informal Conflict Resolution. Before either party initiates arbitration, that party must send the other a written Notice of Conflict (“Notice”) outlining the nature and basis of the claim or dispute and the requested remedy. A Notice to the Company should be sent to the contact specified in clause 10.8. After receiving the Notice, you and the Company may attempt to informally resolve the claim or dispute. If you and the Company cannot resolve the claim or dispute within thirty (30) days after receipt of the Notice, either party may initiate an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

(c) Rules for Arbitration. Arbitration shall be initiated using the services of the American Arbitration Association (“AAA”), an established provider of alternative dispute resolution (“ADR”) that provides arbitration as outlined in this section. In the event that the AAA is not available to arbitrate, the parties will agree to select another ADR provider. The ADR provider’s rules will govern all aspects of the arbitration, such as initiating and/or demanding arbitration, subject to any conflicts with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”), which govern the arbitration, are accessible online at www.adr.org or by calling the AAA at 1-800-778-7879. An impartial arbitrator will conduct the arbitration. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held within 100 miles of your residence unless you live outside the United States and the parties have agreed to a different location. If you reside outside the U.S., the arbitrator will give the parties reasonable notice of any oral hearing’s date, time, and place. If the arbitrator grants you an award greater than the last settlement offer that the Company made to you before the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00. Each party will bear its expenses (including legal fees) and disbursements arising out of the arbitration and will pay an equal share of the fees and costs of the ADR Provider.

(d) Additional Regulations for Non-Appearance Based Arbitration. In the event that non-appearance-based arbitration is chosen, the arbitration will be conducted by telephone, online, and/or based exclusively on written submissions. The party initiating the arbitration will select the specific mode. Unless the parties have agreed otherwise, the arbitration will not involve any personal appearance by the parties or witnesses.

(e) Time Limits. If you or the Company elects to pursue arbitration, the arbitration action must be commenced and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and any deadline imposed under the AAA Rules for the relevant claim.

(f) Authority of Arbitrator. The arbitrator will decide the rights and obligations of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator can grant motions that dispose of all or some portion of a claim. The arbitrator has the power to award monetary damages and to grant any non-monetary remedy or relief that an individual is entitled to under applicable law, the AAA Rules, and the Terms. The arbitrator will issue a written award and statement of decision that sets forth the essential findings and conclusions upon which the award is based, including any damages awarded. The arbitrator has the same authority to grant relief to an individual as a judge in a court of law. The arbitrator’s decision is final and binding on you and the Company.

(g) Jury Trial Waiver. Both parties forgo their legal right to a court trial before a judge or jury and instead agree to settle all claims and disputes through arbitration as outlined in this agreement. Arbitration methods are typically more restricted, streamlined, and cheaper than those employed in court and are open to only limited review by the court. In the event of litigation in any state or federal court between you and the company to enforce or vacate an arbitration award, the parties waive their right to a jury trial and agree to have the dispute resolved by a judge.

(h) Class and Consolidated Actions Waiver. All claims and disputes related to this arbitration agreement must be handled individually and not as part of a group, and disputes involving multiple customers or users cannot be resolved jointly or consolidated with those of any other customer or user.

(i) Confidentiality. The entire arbitration process, including the arbitrator’s decision and compliance, is strictly confidential, and the parties agree to keep it confidential unless otherwise required by law. This paragraph does not preclude either party from submitting any necessary information to a court of law to enforce this agreement, an arbitration award, or to seek injunctive or equitable relief.

(j) Severability. If any part of this Arbitration Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, such a specific part or parts will be null and void and separated, while the remaining portion of the Agreement will remain in full force and effect.

(k) Right to Forgo. The party against whom a claim is made has the right to forgo any or all of the rights and limitations stated in this Arbitration Agreement. Such a decision will not waive or affect any other part of this Arbitration Agreement.

(l) Continuation of Agreement. This Arbitration Agreement will remain in effect even after you terminate your relationship with the Company.

(m) Small Claims Court. Notwithstanding the above, you or the Company may initiate an individual action in small claims court.

(n) Emergency Equitable Relief. Despite the preceding statements, either party may request equitable emergency relief from a state or federal court to maintain the status quo while awaiting arbitration. Seeking interim measures will not be interpreted as waiving any other rights or obligations specified in this Arbitration Agreement.

(o) Claims Not Covered by Arbitration. Regardless of the previous statement, claims of defamation, infringement, or misappropriation of the other party’s patent, copyright, trademark, or trade secrets and violation of the Computer Fraud and Abuse Act will not be subject to this Arbitration Agreement.

(p) Courts. If this Arbitration Agreement permits the parties to bring a lawsuit, the parties agree to submit to the personal jurisdiction of the courts located in Alameda County, California, for that purpose.