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permitting class arbitration (more details in Section F(6) below). You and DTF
Station acknowledge that (a) the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.)
governs this Section F, (b) this Agreement pertains to interstate commerce,
and (c) Section F will remain valid even after this Agreement terminates.
4. Exception—Small Claims Court: Despite the arbitration agreement, either
party may pursue an individual action in the small claims court of their state
or munici
pality if the claim falls within the court's jurisdiction and is exclusive
to that court.
5. Waiver of Class Action and Class Arbitration: Both parties agree that they will
bring Disputes against each other only in an individual capacity and not as
class actions or class arbitrations. If any court or arbitrator deems the class
action waiver in this paragraph unenforceable, or if arbitration can proceed
on a class basis, the entire arbitration provision in Section F is nulli
fied.
6. Arbitration Procedure: If either party initiates arbitration, it will be governed by
the JAMS Streamlined Arbitration Rules and Procedures or applicable JAMS
rules at the time of filing, excluding rules allowing for class arbitration. All
Disputes will be resolved by a single impartial arbitrator, selected according to
JAMS Streamlined Arbitration Rules and Procedures, who will adhere to the
terms of this Agreement. The arbitrator, not any court or agency, w
ill have the
exclusive authority to settle Disputes regarding the interpretation,
enforceability, or formation of this Agreement. The arbitrator may award
remedies available in court, and arbitration costs may exceed litigation costs.
Each party may retain legal counsel at their expense. The arbitrator's decision
is binding and can be entered as a judgment in any competent court. You
may opt for arbitration by phone or online with mutual agreement; otherwise,
hearin
gs will occur near your residence or in Orange County, California, at your
discretion.
7. 30-Day Opt-out Right: You have the option to exclude yourself from the
mandatory, binding individual arbitration and class action waiver specified in
Section F by sending a written letter to the DTF Station address in Section F(2)
within 30 days of agreeing to this Agreement. This letter must contain your
name, mailing address, and the request to be excluded from the arbitration
and cl
ass action waiver in Section F. If you opt-out as described, all other