11.2 Dispute Resolution

Disputes arising from this Agreement or Privacy Policy are resolved as follows, except where GDPR or CCPA requires alternative remedies (Privacy Policy, Section 10):

• Arbitration: Disputes are subject to binding arbitration under the Federal Arbitration Act, conducted by a single AAA arbitrator per AAA Commercial Arbitration Rules (and Consumer-Related Disputes Procedures, if applicable). Arbitration uses written submissions or telephonic hearings, unless a face-to-face hearing is needed, held at a mutually agreed or arbitrator-chosen location considering travel and convenience. You waive court or jury trials, except for small claims. Arbitrator decisions are binding, enforceable, and subject to limited review. Rules include: (a) small claims use written/telephonic hearings; (b) larger claims may use face-to-face hearings; (c) claims must be individual, not class or representative; (d) no consolidation of claims or class proceedings; (e) we may cover prohibitive arbitration costs; (f) privilege and privacy claims are honored; (g) decisions are confidential unless legally required; (h) each party pays its own attorney’s fees unless required by law.
• Exceptions: Claims for defamation, Computer Fraud and Abuse Act violations, or intellectual property infringement are resolved in Delaware state or federal courts, unless they lack jurisdiction. Either party may seek emergency equitable relief in these courts without waiving arbitration.
• GDPR/CCPA: EU/EEA Users may lodge complaints with supervisory authorities (GDPR Article 77) or seek judicial remedies (Article 79). California residents may pursue CCPA claims (e.g., data breach damages, Section 1798.150) per Privacy Policy (Section 11).

Severability: If the class action waiver (subparts (c) or (d)) is unenforceable, the arbitration provision is void, and disputes are resolved in Delaware courts. Other unenforceable provisions do not affect the remainder. For AAA details, visit http://www.adr.org or call 800-778-7879.