GreatCall lively - Page 63

Legal
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These limitations of liability apply not only to you, but to anyone using the 5Star Service on your behalf, to anyone making a claim on your behalf, and to any
claims made by your family, employees, customers, or others arising out of or relating to your 5Star service. Some states don’t allow an exclusion or limitation
of incidental or consequential damages or certain other damages, so some of the limitations above may not apply in some situations.
How We Will Resolve Disputes: Arbitration Agreement, Class Action Waiver and Forum Selection Clause
If you and we have a disagreement related to 5Star service or the validity of these terms of conditions of use, we’ll try to resolve it by talking with each other.
If we can’t resolve it that way, we both agree to use condential binding arbitration, not lawsuits (except for small claims court cases) to resolve the dispute.
We agree that any controversy or claim between us will be settled by one neutral arbitrator before the American Arbitration Association (“AAA”). There’s no
judge or jury in arbitration, arbitration procedures are simpler and more limited than rules applicable in court, and review is limited. But you are entitled
to a fair hearing and the arbitrator’s decisions are as enforceable as any court order. Arbitration shall be subject to the Federal Arbitration Act and not any
state arbitration law. As modied by these terms of conditions of use, the arbitration will be governed by the AAA’s arbitration rules (collectively “Rules and
Procedures”). We further agree that: (a) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that
such location is reasonably convenient for you), or at such other location as may be mutually 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 ling 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 nding of fact and/or conclusion of law) against either you or us shall be condential 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 conicts with the Rules and Procedures, then the balance of this arbitration provision shall
remain in eect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conicting 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 your or 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,