Common use of Claims Not Covered By Arbitration Clause in Contracts

Claims Not Covered By Arbitration. Claims subject to our agreement to arbitrate shall not include (1) any Claim you file in a small claims court, so long as the Claim remains in such court and advances only an individual claim for relief, and (2) Claims asserted by way of a cross claim, counterclaim or any similar device against a party who has initiated a proceeding in court or other non-arbitral forum by any other party to that proceeding. The party initiating arbitration must choose one of the following arbitration forums to administer the arbitration: • The American Arbitration Association (“AAA”) under AAA’s Consumer Arbitration Rules, except as modified by this Agreement. AAA’s Rules may be obtained from ▇▇▇.▇▇▇.▇▇▇ or ▇-▇▇▇-▇▇▇-▇▇▇▇ (toll-free). • JAMS/Endispute (“JAMS”) under JAMS’ Comprehensive Arbitration Rules & Procedures or Streamlined Arbitration Rules & Procedures, including JAMS’ Consumer Minimum Standards, except as modified by this Agreement. JAMS’ Class Action Procedures shall not apply. JAMS’ rules may be obtained from ▇▇▇.▇▇▇▇▇▇▇.▇▇▇ or ▇-▇▇▇-▇▇▇-▇▇▇▇ (toll free). If the chosen arbitration forum is for any reason unable to serve, then the parties may agree to a comparable substitute organization. If the parties are unable to agree, then a court of competent jurisdiction shall appoint a substitute organization.