TERMS OF SERVICE
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RESOLUTION OF DISPUTES
ANY DISPUTES ARISING OUT OF OR REGARDING THESE TERMS OF SERVICE WILL BE GOVERNED BY THE LAWS OF THE STATE OF LOUISIANA, APPLICABLE TO AGREEMENTS MADE AND PERFORMED IN LOUISIANA. EXCEPT WHERE PROHIBITED BY LAW, YOU FURTHER AGREE THAT: (1) ANY AND ALL DISPUTES AND CAUSES OF ACTION ARISING OUT OF OUR RELATIONSHIP SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) EXCLUSIVELY BY FINAL AND BINDING ARBITRATION UNDER THE RULES OF THE JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. [“JAMS”] AND HELD AT A MUTUALLY AGREEABLE JAMS REGIONAL OFFICE OR AT THE NEAREST JAMS OFFICE TO YOUR RESIDENCE; (3) THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM OR SEEK INJUNCTIVE RELIEF OR ANY OTHER EQUITABLE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. ALL DISPUTES BETWEEN YOU AND US, WHETHER UNDER THESE TERMS OF SERVICE, A PURCHASE OF OUR PRODUCT(S), THE USE OF THIS WEBSITE OR THE USE OF ANY INFORMATION SUPPLIED TO US BY YOU (INCLUDING CONTACT INFORMATION SUCH AS TELEPHONE NUMBER, OR YOU PURCHASE HISTORY) WILL BE RESOLVED ON AN INDIVIDUAL BASIS BY BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT, EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT. YOU AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE RESOLVED BY MANDATORY AND BINDING ARBITRATION BEFORE A SINGLE ARBITRATOR SUBMITTED TO JAMS IN ACCORDANCE WITH ITS JAMS’ STREAMLINED ARBITRATION RULES & PROCEDURES. THE ARBITRATOR SHALL HAVE NO POWER OR AUTHORITY TO AMEND OR DISREGARD ANY PROVISION OF THIS SECTION OR ANY OTHER PROVISION OF THESE TERMS OF SERVICE, EXCEPT AS NECESSARY TO COMPLY WITH JAMS’ POLICY ON CONSUMER ARBITRATIONS PURSUANT TO PRE-DISPUTE CLAUSES MINIMUM STANDARDS OF PROCEDURAL FAIRNESS. THIS AGREEMENT CONCERNS A TRANSACTION IN INTERSTATE COMMERCE, AND THEREFORE SHALL BE GOVERNED BY THE UNITED STATES FEDERAL ARBITRATION ACT, 9 U.S.C. § 1 ET SEQ. FOR ANY NON-FRIVOLOUS CLAIM THAT DOES NOT EXCEED $25,000, THE COMPANY WILL PAY ALL COSTS OF THE ARBITRATION AND WILL AGREE TO CONDUCT THE ARBITRATION THROUGH THE JAMS OFFICES IN YOUR HOME STATE. FOR ANY CLAIM UNDER $10,000, THE COMPANY FURTHER AGREES THAT ANY HEARINGS MAY BE HELD BY TELEPHONE AND THAT THE COMPANY WILL NOT SEEK ATTORNEY’S FEES IN THE EVENT THE COMPANY PREVAILS. YOU ACKNOWLEDGE AND AGREE THAT EACH PARTY SHALL PAY THE FEES AND COSTS OF ITS OWN COUNSEL, EXPERTS AND WITNESSES.