Common use of Binding Individual Arbitration Clause in Contracts

Binding Individual Arbitration. a. This arbitration provision does not apply to Military Borrowers. b. You and Square Capital agree to arbitrate all disputes arising under or in connection with this Agreement or our relationship (collectively, a “Claim”). This includes Claims made by or against anyone connected to you or us, including any of our parent company, subsidiaries, affiliates, agents, employees, predecessors, successors, or assigns and any authorized users or beneficiaries of the Square Capital program. c. Arbitration is more informal than a lawsuit in court and seeks to resolve Claims more quickly. Instead of a judge or a jury, the Claim will be decided by a neutral arbitrator. d. YOU AND WE ARE WAIVING THE RIGHT TO LITIGATE A CLAIM IN COURT AND TO HAVE A JURY TRIAL ON ANY CLAIM. e. ANY ARBITRATION UNDER THIS AGREEMENT WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. AN ARBITRATOR CAN AWARD RELIEF ONLY ON AN INDIVIDUAL BASIS. YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR AS A PRIVATE ATTORNEY GENERAL RELATING TO ANY CLAIM. f. Individual Claims filed in small claims court are not subject to this Arbitration Agreement, as long as the Claim remains in small claims court. g. If any provision of this arbitration is found unenforceable, the entire arbitration agreement shall be terminated. The Arbitration Agreement shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”). h. All Claims shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association (“AAA”) according to this provision and the applicable AAA rules, which may limit the discovery available to you or to us. You can obtain copies of the AAA rule and forms by contacting AAA at ▇-▇▇▇-▇▇▇-▇▇▇▇ or ▇▇▇.▇▇▇.▇▇▇. Any arbitration hearing that you attend will take place in the federal judicial district where you reside as of the date you execute this Agreement. Square Capital will pay all arbitration fees. i. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations, and will honor claims of privilege recognized at law. j. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

Binding Individual Arbitration. a. This arbitration provision does not apply to Military Borrowers. b. . You and Square Capital Bank agree to arbitrate all disputes arising under or in connection with this Agreement or our Your relationship with Bank (collectively, a “Claim”). This includes Claims made by or against anyone connected to you You or usBank and Bank’s subsidiaries, affiliates, agents, employees, predecessors, successors, or assigns (which such assigns shall include, for the avoidance of doubt, any subsequent holders of Your loan) and any authorized users or beneficiaries of the Square Installments program. This also includes Claims made by or against Bank’s service providers, including any of our Square Capital, and which shall include Square Capital’s parent company, subsidiaries, affiliates, agents, employees, predecessors, successors, or assigns and any authorized users or beneficiaries of the Square Capital Installments program. c. Arbitration is more informal than a lawsuit in court and seeks to resolve Claims more quickly. Instead of a judge or a jury, the Claim will be decided by a neutral arbitrator. d. YOU AND WE ARE WAIVING THE RIGHT TO LITIGATE A CLAIM IN COURT AND TO HAVE A JURY TRIAL ON ANY CLAIM. e. ANY ARBITRATION UNDER THIS AGREEMENT WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. AN ARBITRATOR CAN AWARD RELIEF ONLY ON AN INDIVIDUAL BASIS. YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR AS A PRIVATE ATTORNEY GENERAL RELATING TO ANY CLAIM. f. Individual Claims filed in small claims court are not subject to this Arbitration Agreement, as long as the Claim remains in small claims court. g. If any provision . The arbitrator alone will have the authority to interpret the scope and enforceability of this section of this Agreement, except that any Claim concerning the scope or enforceability of the prohibition on class, collective, or representative claims, or claims in arbitration is found unenforceablefor public injunctive relief, the entire arbitration agreement shall must be terminatedresolved by a court of competent jurisdiction. The Arbitration Agreement shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”). h. All Claims shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association (“AAA”) according to this provision and the applicable AAA rules, which may limit the discovery available to you You or to us. You can obtain copies of the AAA rule and forms by contacting AAA at ▇-▇▇▇-▇▇▇-▇▇▇▇ or ▇▇▇.▇▇▇.▇▇▇. Any arbitration hearing that you You attend will take place in the federal judicial district where you You reside as of the date you You execute this Agreement. Square Capital will pay all arbitration fees. i. . The arbitrator will apply applicable substantive law consistent with the FAA Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”) and applicable statutes of limitations, and will honor claims of privilege recognized at law. j. . The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. While an arbitrator may award declaratory or injunctive relief, the Arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. The arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect on claims asserted by any individual or entity who was not party to the arbitration. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). The Arbitration Agreement shall be governed by the FAA. If a court or arbitrator decides that this arbitration agreement cannot be enforced as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

Binding Individual Arbitration. a. This arbitration provision does not apply to Military Borrowers. b. You and Square Capital StrongBox agree to arbitrate all disputes arising under or in connection with this Agreement or our relationship (collectively, a “Claim”)Disputes. This includes Claims made by or against anyone connected to you or us, including any of our parent company, subsidiaries, affiliates, agents, employees, predecessors, successors, or assigns and any authorized users or beneficiaries of the Square Capital program. c. Arbitration is more informal than a lawsuit in court and seeks to resolve Claims disputes more quickly. Instead of a judge or a jury, the Claim case will be decided by a neutral arbitrator. d. YOU AND WE ARE WAIVING THE RIGHT TO LITIGATE A CLAIM IN COURT AND TO HAVE A JURY TRIAL ON ANY CLAIM. e. arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ONLY BE ON AN A INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. AN ARBITRATOR CAN AWARD RELIEF ONLY ON AN INDIVIDUAL BASIS. , AND YOU WILL NOT ARE WAIVING YOUR RIGHTS TO HAVE THE RIGHT YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION OR AS A PRIVATE ATTORNEY GENERAL RELATING TO ANY CLAIM. f. Individual Claims filed in small claims court are not subject to this Arbitration Agreement, as long as the Claim remains in small claims court. g. AGAINST STRONGBOX. If any provision of this arbitration agreement is found unenforceable, the entire arbitration agreement unenforceable provision shall be terminated. The Arbitration Agreement severed, and the remaining arbitration terms shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 enforced (“FAA”but in no case shall there be class arbitration). h. . All Claims Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association (“AAA”) according Florida Rules of Arbitration. If you are a consumer bringing a claim relating to this provision and the applicable AAA rulespersonal, which may limit the discovery available to you household, or to us. You can obtain copies of the AAA rule and forms by contacting AAA at ▇-▇▇▇-▇▇▇-▇▇▇▇ or ▇▇▇.▇▇▇.▇▇▇. Any family use, any arbitration hearing that will occur within the county or parish where you attend reside. Otherwise, any arbitration hearing will take place in the federal judicial district where you reside as of the date you execute this AgreementBoca Raton, Florida. Square Capital will pay all arbitration fees. i. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations, and will honor claims of privilege recognized at law. j. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The parties will equally share the costs of arbitration and each party shall bear the costs of its own attorneys' fees and costs, unless the arbitrator determines that your claim is frivolous, at which time you will be responsible for all costs, including our attorneys' fees. For purposes of this arbitration provision, references to you and StrongBox also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of StrongBox services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases) will be brought in and you hereby consent to the exclusive jurisdiction and venue in Palm Beach County, Florida.

Binding Individual Arbitration. a. This arbitration provision does not apply to Military Borrowers. b. You and Square Capital agree to arbitrate all disputes arising under or in connection with this Agreement or our relationship (collectively, a “Claim”). This includes Claims made by or against anyone connected to you or us, including any of our parent company, subsidiaries, affiliates, agents, employees, predecessors, successors, or assigns and any authorized users or beneficiaries of the Square Capital program. c. Arbitration is more informal than a lawsuit in court and seeks to resolve Claims more quickly. Instead of a judge or a jury, the Claim will be decided by a neutral arbitrator. d. YOU AND WE ARE WAIVING THE RIGHT TO LITIGATE A CLAIM IN COURT AND TO HAVE A JURY TRIAL ON ANY CLAIM. e. ANY ARBITRATION UNDER THIS AGREEMENT WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. AN ARBITRATOR CAN AWARD RELIEF ONLY ON AN INDIVIDUAL BASIS. YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR AS A PRIVATE ATTORNEY GENERAL RELATING TO ANY CLAIM. f. Individual Claims filed in small claims court are not subject to this Arbitration Agreement, as long as the Claim remains in small claims court. g. If any provision The arbitrator alone will have the authority to interpret the scope and enforceability of this Section of this Agreement, except that any Claim concerning the scope or enforceability of the prohibition on class, collective, or representative claims, or claims in arbitration is found unenforceablefor public injunctive relief, the entire arbitration agreement shall must be terminated. The Arbitration Agreement shall be governed resolved by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”)a court of competent jurisdiction. h. All Claims shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association (“AAA”) according to this provision and the applicable AAA rules, which may limit the discovery available to you or to us. You can obtain copies of the AAA rule and forms by contacting AAA at ▇-▇▇▇-▇▇▇-▇▇▇▇ or ▇▇▇.▇▇▇.▇▇▇. Any arbitration hearing that you attend will take place in the federal judicial district where you reside as of the date you execute this Agreement. Square Capital will pay all arbitration fees. i. The arbitrator will apply applicable substantive law consistent with the FAA Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”) and applicable statutes of limitations, and will honor claims of privilege recognized at law. j. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. While an arbitrator may award declaratory or injunctive relief, the Arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. The arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect on claims asserted by any individual or entity who was not party to the arbitration. k. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). The Arbitration Agreement shall be governed by the FAA. If a court or arbitrator decides that this arbitration agreement cannot be enforced as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

Binding Individual Arbitration. a. This arbitration provision does not apply to Military Borrowers. b. You and Square Capital Chexology agree to arbitrate any and all disputes arising under or in connection with this Agreement or our relationship (collectively, a “Claim”). This includes Claims made by or against anyone connected to you or us, including any of our parent company, subsidiaries, affiliates, agents, employees, predecessors, successors, or assigns and any authorized users or beneficiaries of the Square Capital program. c. Arbitration is more informal than a lawsuit in court and seeks to resolve Claims more quickly. Instead of a judge or a jury, the Claim will be decided Disputes by a neutral arbitrator. d. YOU AND WE ARE WAIVING THE RIGHT TO LITIGATE A CLAIM IN COURT AND TO HAVE A JURY TRIAL ON ANY CLAIM. e. arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THIS AGREEMENT THESE GENERAL TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, REPRESENTATIVE ACTIONS AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. AN ARBITRATOR CAN AWARD RELIEF ONLY ON AN INDIVIDUAL BASIS. YOU WILL NOT WAIVE ANY RIGHT TO HAVE THE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR AS A PRIVATE ATTORNEY GENERAL RELATING TO ANY CLAIM. f. Individual Claims filed in small claims court are not subject to this Arbitration Agreement, as long as the Claim remains in small claims court. g. AGAINST CHEXOLOGY. If any provision of this arbitration agreement is found unenforceable, the entire unenforceable provision will be severed, and the remaining arbitration agreement shall terms will be terminatedenforced (but in no case will there be a class or representative arbitration). The Arbitration Agreement shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”). h. All Claims shall Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association (“AAA”) according to this provision and the applicable AAA rules, which may limit the discovery available to you or to us. You can obtain copies of the AAA rule and forms by contacting AAA at ▇-▇▇▇-▇▇▇-▇▇▇▇ or ://▇▇▇.▇▇▇.▇▇▇) according to this Section and the applicable arbitration rules for that forum. Any Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration so long as their matter remains in small claims court and proceeds only on an individual (non-class or non-representative) basis. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing that you attend will take place in occur within the federal judicial district county where you reside as of the date you execute this Agreementreside. Square Capital Otherwise, any arbitration hearing will pay all arbitration fees. i. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitationsoccur in New York, and will honor claims of privilege recognized at law. j. New York, or another mutually agreeable location. The arbitrator’s award shall will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. We will pay the arbitration fees due to the American Arbitration Association for individual arbitrations brought in accordance with this section. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may seek to recover those fees from the arbitrator. For any claim where you are seeking relief, we will not seek to have you pay our attorney’s fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and Chexology also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the Services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City and County of New York, New York, or federal court for the Southern District of New York.

Binding Individual Arbitration. a. This arbitration provision does not apply to Military Borrowers. b. You and Square Capital AdWallet agree to arbitrate any and all disputes arising under or in connection with this Agreement or our relationship (collectively, a “Claim”). This includes Claims made by or against anyone connected to you or us, including any of our parent company, subsidiaries, affiliates, agents, employees, predecessors, successors, or assigns and any authorized users or beneficiaries of the Square Capital program. c. Arbitration is more informal than a lawsuit in court and seeks to resolve Claims more quickly. Instead of a judge or a jury, the Claim will be decided Disputes by a neutral arbitrator. d. YOU AND WE ARE WAIVING THE RIGHT TO LITIGATE A CLAIM IN COURT AND TO HAVE A JURY TRIAL ON ANY CLAIM. e. arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THIS AGREEMENT THESE GENERAL TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, REPRESENTATIVE ACTIONS AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. AN ARBITRATOR CAN AWARD RELIEF ONLY ON AN INDIVIDUAL BASIS. YOU WILL NOT WAIVE ANY RIGHT TO HAVE THE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR AS A PRIVATE ATTORNEY GENERAL RELATING TO ANY CLAIM. f. Individual Claims filed in small claims court are not subject to this Arbitration Agreement, as long as the Claim remains in small claims court. g. AGAINST ADWALLET. If any provision of this arbitration agreement is found unenforceable, the entire unenforceable provision will be severed, and the remaining arbitration agreement shall terms will be terminatedenforced (but in no case will there be a class or representative arbitration). The Arbitration Agreement shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”). h. All Claims shall Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association (“AAA”) according to this provision and the applicable AAA rules, which may limit the discovery available to you or to us. You can obtain copies of the AAA rule and forms by contacting AAA at ▇-▇▇▇-▇▇▇-▇▇▇▇ or ://▇▇▇.▇▇▇.▇▇▇) according to this Section and the applicable arbitration rules for that forum. Any Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration so long as their matter remains in small claims court and proceeds only on an individual (non-class or non- representative) basis. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing that you attend will take place in occur within the federal judicial district county where you reside as of the date you execute this Agreementreside. Square Capital Otherwise, any arbitration hearing will pay all arbitration fees. i. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitationsoccur in Albuquerque, and will honor claims of privilege recognized at law. j. New Mexico, or another mutually agreeable location. The arbitrator’s award shall will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. We will pay the arbitration fees due to the American Arbitration Association for individual arbitrations brought in accordance with this section. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may seek to recover those fees from the arbitrator. Both parties agree that the prevailing party of any arbitrated dispute shall be entitled to an award of their reasonable attorneys’ fees and costs, with the sum total of such fees and costs not to exceed the amount awarded in such arbitration. For purposes of this arbitration provision, references to you and AdWallet also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the Services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City of Albuquerque, County of Bernalillo, State of New Mexico, or federal court for the District of New Mexico.

Binding Individual Arbitration. a. This arbitration provision does not apply to Military Borrowers. b. You and Square Capital XIRA agree to arbitrate any and all disputes arising under or in connection with out of this Agreement or our relationship (collectively, a “Claim”). This includes Claims made by or against anyone connected and your access to you or us, including any of our parent company, subsidiaries, affiliates, agents, employees, predecessors, successors, or assigns and any authorized users or beneficiaries use of the Square Capital program. c. Arbitration is more informal than a lawsuit in court and seeks to resolve Claims more quickly. Instead of a judge or a jury, the Claim will be decided Services by a neutral arbitrator. d. YOU AND WE ARE WAIVING THE RIGHT TO LITIGATE A CLAIM IN COURT AND TO HAVE A JURY TRIAL ON ANY CLAIM. e. arbitrator who has the power to award the same individual damages and individual relief that a court can. ANY ARBITRATION UNDER THIS AGREEMENT WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. AN ARBITRATOR CAN AWARD RELIEF ONLY ON AN INDIVIDUAL BASIS. YOU WILL NOT WAIVE ANY RIGHT TO HAVE THE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR AS A PRIVATE ATTORNEY GENERAL RELATING TO ANY CLAIM. f. Individual Claims filed in small claims court are not subject to this Arbitration Agreement, as long as the Claim remains in small claims court. g. AGAINST XIRA. If any provision of this arbitration agreement is found unenforceable, the entire unenforceable provision will be severed, and the remaining arbitration agreement shall terms will be terminatedenforced (but in no case will there be a class or representative arbitration). The Arbitration Agreement shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”). h. All Claims shall disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator (the “Arbitrator”) administered by the American Arbitration Association (“AAA”) according to this provision and the applicable AAA rules, which may limit the discovery available to you or to us. You can obtain copies of the AAA rule and forms by contacting AAA at ▇-▇▇▇-▇▇▇-▇▇▇▇ or ://▇▇▇.▇▇▇.▇▇▇) according to this Section and the applicable arbitration rules for that forum. Any Subject to applicable jurisdictional requirements, You may elect to pursue Your claim in Your local small-claims court rather than through arbitration so long as Your matter remains in small claims court and proceeds only on an individual (non-class or non-representative) basis. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If You are a consumer bringing a claim relating to a transaction intended for a personal, household, or family use, any arbitration hearing that you attend will take place occur within the county where You reside. Otherwise, any arbitration hearing will occur in the federal judicial district where you reside as of the date you execute this AgreementSan Diego, California, or another mutually agreeable location. Square Capital will pay all arbitration fees. i. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations, and will honor claims of privilege recognized at law. j. The arbitrator’s award shall will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. While an arbitrator may award declaratory or injunctive relief, the Arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. An Arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect. XIRA will reimburse the arbitration fees due to the American Arbitration Association for individual arbitrations brought in accordance with this section for all claims totaling less than $10,000 unless the Arbitrator determines that Your claims were frivolous. If You prevail on any claim for which You are legally entitled to attorney’s fees, You may seek to recover those fees from the arbitrator. For any claim where You are seeking relief, we will not seek to have You pay our attorney’s fees, even if fees might otherwise be awarded, unless the Arbitrator determines that Your claim was frivolous. For purposes of this arbitration provision, references to You and XIRA also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the Services. Subject to and without waiver of the arbitration provisions above, You agree that any judicial proceedings (other than small claims actions in consumer cases as discussed above) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the County of San Diego, California, or federal court for the Southern District of California. Any action or proceeding by You relating to any dispute must commence within one year after the cause of action accrues.