Common use of ARBITRATION AGREEMENT AND CLASS ACTION WAIVER Clause in Contracts

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. 10.1. Subject to the exceptions described below, all disputes arising out of or related to this ▇▇▇▇ or any aspect of your relationship with Camera Bits, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a single arbitrator instead of in a court by a judge or jury. You agree that Camera Bits and you are each waiving the right to trial by a jury. You agree that any arbitration will take place on an individual basis. You hereby waive the ability to participate in a class action. The parties agree that the arbitrator will have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this arbitration agreement. 10.2. You and Camera Bits each retain the right to: (i) bring an individual action in small claims court and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of a party’s trade secrets or intellectual property rights. 10.3. You will also have the right to litigate any other dispute that would otherwise be subject to this arbitration agreement if you opt out of the arbitration agreement by sending an email to ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ or a letter to Camera Bits, Inc., ▇▇▇ ▇ ▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ within 30 days after the date you first agree to this ▇▇▇▇. If you don’t provide Camera Bits with a timely opt-out notice, this arbitration agreement applies. 10.4. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (currently available at ▇▇▇.▇▇▇.▇▇▇/▇▇▇▇▇ or by calling the AAA at ▇-▇▇▇-▇▇▇-▇▇▇▇). The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties. If the parties are unable to agree on a location, the arbitrator will determine the location. If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Camera Bits will contribute to your filing and hearing fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitrator’s decision will follow the terms of this ▇▇▇▇ (including the Limitation of Liability provision) and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this ▇▇▇▇, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction.

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. 10.1. Subject to the exceptions described below, all disputes arising out of or related to this ▇▇▇▇ or any aspect of your relationship with Camera Bits, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a single arbitrator instead of in a court by a judge or jury. You agree that Camera Bits and you are each waiving the right to trial by a jury. You agree that any arbitration will take place on an individual basis. You hereby waive the ability to participate in a class action. The parties agree that the arbitrator will have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this arbitration agreement. 10.2. You and Camera Bits each retain the right to: (i) bring an individual action in small claims court and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of a party’s trade secrets or intellectual property rights. 10.3. You will also have the right to litigate any other dispute that would otherwise be subject to this arbitration agreement if you opt out of the arbitration agreement by sending an email to ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ or a letter to Camera Bits, Inc., ▇▇▇ ▇ ▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ within 30 days after the date you first agree to this ▇▇▇▇. If you don’t provide Camera Bits with a timely opt-out notice, this arbitration agreement applies. 10.4. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (currently available at ▇▇▇.▇▇▇.▇▇▇/▇▇▇▇▇ or by calling the AAA at ▇1-▇▇▇800- 778-▇▇▇-▇▇▇▇7879). The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties. If the parties are unable to agree on a location, the arbitrator will determine the location. If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Camera Bits will contribute to your filing and hearing fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitrator’s decision will follow the terms of this ▇▇▇▇ (including the Limitation of Liability provision) and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this ▇▇▇▇, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction.