Disputes.  

MANDATORY DISPUTE RESOLUTION/CLASS-ARBITRATION WAIVER. 

BY ENTERING THIS AGREEMENT, YOU AND AEI AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES OF ANY KIND AGAINST EACH OTHER. YOU AND AEI WAIVE THE RIGHT TO A TRIAL BY JURY AND ALSO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION. ACCORDINGLY, YOU AND AEI AGREE THAT NEITHER AEI NOR YOU WILL JOIN ANY CLAIM WITH ANY CLAIM OF ANY OTHER PERSON OR ENTITY WHETHER IN A LAWSUIT, ARBITRATION, OR ANY OTHER PROCEEDING. YOU AND AEI AGREE THAT NO CLAIMS WILL BE ASSERTED IN ANY REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE, THAT NO CLAIMS WILL BE RESOLVED ON A CLASS-WIDE OR COLLECTIVE BASIS, THAT NO ARBITRATOR OR ARBITRATION FORUM WILL HAVE JURISDICTION TO ADJUDICATE ANY CLAIMS ON A CLASS-WIDE OR COLLECTIVE BASIS, AND THAT NO RULES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY. THUS YOU AND AEI MAY ONLY BRING CLAIMS AGAINST ONE ANOTHER IN AN INDIVIDUAL CAPACITY, NOT AS A NAMED PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE CAPACITY. This agreement to arbitrate is intended to be broadly interpreted and applies to all claims regardless of whether they are based on conduct that occurred prior to, during or after the term of this Terms of Service and regardless of whether the claims are based in contract, tort, statute, fraud, misrepresentation or any other legal theory. References to the terms “AEI” “you,” “your,” “party,” or “parties” include all respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns. This arbitration provision survives termination of this Terms of Service.  The sole exception to this arbitration agreement is that either you or AEI may, in the alternative, bring claims in a small claims court having competent jurisdiction.

Arbitration Procedure. 

A party who intends to seek arbitration must first send to the other party, by certified mail, a written Notice of Dispute (“Notice”). The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If AEI and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or AEI may commence an arbitration proceeding pursuant to the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement. A single neutral arbitrator will be selected by agreement of the parties. If an agreement cannot be reached, a single neutral arbitrator will be selected according to the AAA’s procedures and the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and the claims will be resolved pursuant to this Mandatory Dispute Resolution/Class-Arbitration Waiver provision and the AAA Rules in effect when the claim is filed. The AAA Rules are available online at www.adr.org/consumer_arbitration and can also be obtained by calling the AAA at 1-800-778-7879. AAA will administer the arbitration, and you may file a demand for arbitration at www.adr.org. Unless AEI and you agree otherwise, any in-person arbitration hearings will occur within 100 miles of your address, with the preference that it occur in the county/parish of your address. If a claim is for $10,000 or less, the party submitting the claim may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator (“desk arbitration”), through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. The arbitrator conducting a desk arbitration or telephonic hearing may be located anywhere in the United States. If a claim exceeds $10,000, the AAA Rules govern where a hearing occurs. The arbitration will be confidential, but either party may notify any governmental authority of the claim.

Arbitrator’s Authority. 

The arbitrator is bound by the terms of this Terms of Service, and the arbitrator’s authority is limited to claims between you and AEI. The arbitrator has no authority to join or consolidate claims unless the parties agree otherwise in writing. The arbitrator, not any court or agency, has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Terms of Service including, but not limited to, any claim that all or any part of this Terms of Service is void or voidable. The arbitrator may award all relief or remedies available in court, including declaratory and injunctive relief, but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that individual’s claim.

Costs of Arbitration. 

Except as otherwise provided for herein, AEI will: (a) pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with this arbitration provision; and (b) will not seek an award of its attorney’s fees. If the arbitrator finds that the substance of the claim or the relief sought is frivolous, however, then the AAA Rules will govern the payment of all fees, and AEI may seek an award of its reasonable attorney’s fees. Furthermore, if you initiate an arbitration seeking more than $75,000 in damages, the AAA Rules govern the payment of all fees. You are responsible for all additional costs that you incur in the arbitration, including but not limited to, fees for attorneys or expert witnesses. Notwithstanding anything to the contrary in this provision, AEI will pay all fees and costs that it is required to pay under the law.

Changes. 

Notwithstanding any provision in this Agreement to the contrary, you agree that if AEI makes any future change to this Section 19 (other than a change to the Notice address listed below) during the term of this Agreement, you may reject any such change by sending AEI written notice within 30 days of the change to the Notice address provided below. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision. Changes made to this provision after either party has submitted a Notice will not affect the pending dispute.

Enforcement, and Waivers. 

The Federal Arbitration Act, and not state law, applies to this Section 19 and governs all questions of whether a claim is subject to arbitration. If any portion of this Section 19 is determined to be invalid or unenforceable, the remainder of the provision remains in full force and effect.