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to state a claim or a motion for summary judgment. In conducting the arbitration
proceeding, the arbitrator shall not apply any federal or state rules of civil procedure
or evidence. The arbitrator shall not consolidate the claims of multiple parties unless
you and Romer agree to do so. At the timely request of any party, the arbitrator shall
provide a written explanation for the award. The arbitrator's award may be filed with
any court having jurisdiction.
THIS ARBITRATION AGREEMENT DOES NOT ALLOW CLASS OR COLLECTIVE
ARBITRATIONS EVEN IF THE AAA RULES OR PROCEDURES WOULD. IN OTHER WORDS,
YOU AND ROMER EACH AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ON AN
INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO PROCEED IN A CLASS, CONSOLIDATED,
OR REPRESENTATIVE FASHION.
THE ARBITRATOR MAY AWARD MONEY OR
INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND
ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S
INDIVIDUAL CLAIM. NO CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL
OR GENERAL INJUNCTIVE RELIEF THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY
BE MAINTAINED IN ANY ARBITRATION CONDUCTED PURSUANT TO THIS ARBITRATION
AGREEMENT.
If the foregoing class action waiver and prohibition against class arbitration
is determined to be invalid or unenforceable for any reason, then this entire
Arbitration Agreement shall be void. If any portion of this Arbitration Agreement
other than the class action waiver and prohibition against class arbitration is
deemed to be invalid or unenforceable for any reason, it shall not invalidate the
remaining portions of this Arbitration Agreement. If for any reason a dispute
proceeds in court rather than in arbitration, you and Romer each waive any right to
a jury trial.
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