Agreement to Arbitrate. If you and Amped Wireless do not resolve any Dispute by informal negotiation, any
other effort to resolve the Dispute will be conducted exclusively by binding arbitration governed by the United
States Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 et seq, except as specified in the “Exceptions to Agreement
to Arbitrate” paragraph immediately below. Except as provided in the “Exceptions to Agreement to Arbitrate”
paragraph immediately below, you are giving up the right to litigate (or participate in litigation as a party or class
member) all Disputes in court before a judge or jury. Instead, all Disputes will be resolved before a neutral
arbitrator, whose decision will be final except for a limited right to judicial review under the FAA. Any court with
jurisdiction over the parties may enforce the arbitrator’s award.
Exceptions to Agreement to Arbitrate. (1) Small Claims Court. You may litigate any Dispute in small claims court,
in the county or other similar political subdivision in which you reside, if the Dispute meets all requirements to
be heard in the small claims court. If you initiate a claim in small claims court, you are responsible for all court
costs and fees. (2) Intellectual Property. All Disputes concerning any alleged misappropriation of your or Amped
Wireless’ intellectual property, will be resolved in court.
Arbitration Procedures. Any arbitration will be administered by the American Arbitration Association (the “AAA”)
in accordance with the AAA’s “Consumer Arbitration Rules” effective September 1, 2014, including the “Costs of
Arbitration (Including AAA Administrative Fees)” effective September 1, 2014 (collectively, the “Consumer
Procedures”).
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