Common use of Dispute Resolution and Binding Arbitration Clause in Contracts

Dispute Resolution and Binding Arbitration. a. YOU AND SANS ▇▇▇▇▇▇ ART GLASS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. b. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 11. (The AAA Rules are available at ▇▇▇.▇▇▇.▇▇▇/▇▇▇_▇▇▇ or by calling the AAA at ▇-▇▇▇-▇▇▇-▇▇▇▇.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/ or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. We will be responsible for paying any individual consumer's arbitration fees. If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. c. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy. d. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR SANS ▇▇▇▇▇▇ ART GLASS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

Dispute Resolution and Binding Arbitration. a. YOU AND SANS ▇▇▇▇▇▇ ART GLASS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURYExecutive and the Company agree that in the event a dispute arises concerning or relating to Executive's employment with the Company, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIMexcept disputes relating to Section 7 through 10 and Section 13 of this Agreement as to which the provisions of this Section 15.4 shall not apply, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. b. The such dispute shall be submitted to binding arbitration will be administered by in accordance with the employment arbitration rules of American Arbitration Association ("AAA") by a single impartial arbitrator selected as follows: if the Company and Executive are unable to agree upon an impartial arbitrator within ten (10) days of a request for arbitration, the parties shall request a panel of ten (10) employment arbitrators from AAA and alternatively strike names until a single arbitrator remains. The arbitration shall take place in Los Angeles, California, and both Executive and the Company agree to submit to the jurisdiction of the arbitrator selected in accordance with AAA's rules and procedures. Except as set forth in Sections 7 through 10 and 13 hereof, Executive and the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 11. (The AAA Rules are available at ▇▇▇.▇▇▇.▇▇▇/▇▇▇_▇▇▇ or by calling the AAA at ▇-▇▇▇-▇▇▇-▇▇▇▇.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/ or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge Company agree that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator procedure provided for in this section will be empowered the exclusive avenue of redress for any disputes relating to grant whatever relief would be available in court under law or in equity. Any arising from Executive's employment with the Company, and that the award of the arbitrator(s) will arbitrator shall be final and binding on each of the both parties, and may be entered nonappealable. The arbitrator shall have discretion to award monetary and other damages, or no damages, and to fashion such other relief as a judgment in any court of competent jurisdictionthe arbitrator deems appropriate. We will be responsible for paying any individual consumer's arbitration fees. If you prevail on any claim that affords The arbitrator shall also have discretion to award the prevailing party reasonable costs and attorneys' feesfees incurred in bringing or defending an action under this provision. EXECUTIVE AND THE COMPANY ACKNOWLEDGE AND AGREE THAT BY AGREEING TO ARBITRATE THE DISPUTES COVERED BY THIS SECTION 15.4, THEY ARE WAIVING ANY RIGHT TO BRING AN ACTION AGAINST THE OTHER IN A COURT OF LAW, EITHER STATE OR FEDERAL, AND ARE WAIVING THE RIGHT TO HAVE CLAIMS AND DAMAGES, IF ANY, DETERMINED BY A JURY WITH RESPECT TO SUCH DISPUTES. Each party will pay the fees of their respective attorneys, the expenses of their witnesses, costs of any record or transcript of the arbitration, and any other expenses connected with the arbitration that such party might be expected to incur had the dispute been subject to resolution in court, but all costs of the arbitration that would not be incurred by the parties if the dispute was litigated in court, including fees of the arbitrator may award reasonable and any arbitration association administrative fees to you under the standards for fee shifting provided by law. c. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversypaid by the Company. d. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR SANS ▇▇▇▇▇▇ ART GLASS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

Dispute Resolution and Binding Arbitration. a. YOU AND SANS If there is any dispute arising out of or related to interpretation or enforcement of this Agreement which cannot be settled by good faith negotiation between the parties, such dispute will be submitted to JAMS for non-binding mediation, and the Company shall be responsible for paying the mediator’s fees. If complete agreement cannot be reached within forty-five (45) days of submission to mediation, any remaining issues in dispute will be submitted to JAMS for final and binding arbitration pursuant to JAMS Arbitration Rules and Procedures for Employment Disputes. Notwithstanding any provisions to the contrary found in such procedures, in the event of final and binding arbitration pursuant to this paragraph, except for the arbitrator’s fees which the Company shall be responsible for paying, each party will be responsible for paying its own costs and attorneys’ fees in connection with the arbitration. The arbitrator shall not be authorized to award the prevailing party costs and attorneys’ fees, except as expressly provided by statute. The dispute resolution provision of this Section 17 is without prejudice to the Company’s right to seek injunctive relief in a court of law for a breach by Employee of Section 8 or 9 hereof as provided in Section 10 of this Agreement. THORATEC CORPORATION By: /s/ J. D▇▇▇▇▇ ▇▇▇▇ J. D▇▇▇▇▇ ▇▇▇▇ Chairman of the Board AGREED: By: /s/ D. K▇▇▇▇ ▇▇▇▇▇▇▇▇ ART GLASS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. b. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 11. (The AAA Rules are available at D. K▇▇▇.▇ ▇▇▇.▇▇▇/▇▇▇_▇▇▇ or by calling the AAA at ▇-▇▇▇-▇▇▇-▇▇▇▇.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/ or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. We will be responsible for paying any individual consumer's arbitration fees. If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. c. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy. d. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR SANS ▇▇▇▇▇▇ ART GLASS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVEI, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's D. K▇▇▇▇ ▇▇▇▇▇▇▇▇ (“Employee”), agree to the terms in the foregoing Amended and Restated Employment Agreement and also agree as follows: Except as otherwise set forth in the foregoing Amended and Restated Employment Agreement, Employee hereby releases, acquits and forever discharges Thoratec Corporation (the “Company”) and each of its officers, directors, agents, servants, employees, attorneys, shareholders, successors, assigns and affiliates (the “Releasees”) of and from any and all claims, liabilities, demands, causes of action, costs, expenses, attorneys’ fees, damages, indemnities and may obligations of every kind and nature, in law, equity, or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to agreements, events, acts or conduct at any time prior to and including the execution date of this Release, including but not otherwise preside over limited to, all such claims and demands directly or indirectly arising out of or in any way connected with Employee’s employment with the Company or the termination of that employment; claims or demands related to salary, bonuses, commissions, stock, stock options, or any other ownership interests in the Company, vacation pay, fringe benefits, expense reimbursements, severance pay, or any other form of a representative compensation; claims pursuant to any federal, state or class proceedinglocal law, statute, or cause of action including, but not limited to, the federal Civil Rights Act of 1964, as amended, the federal Americans with Disabilities Act of 1990, the federal Age Discrimination in Employment Act of 1967, as amended (“ADEA”), the antidiscrimination statutes of California or other applicable states; tort law; contract law; wrongful discharge; discrimination; harassment; fraud; defamation; emotional distress; and breach of the implied covenant of good faith and fair dealing. The arbitral tribunal This release of claims does not affect in any way Employee’s indemnification rights as described in Section 16 of the Agreement, nor does it affect any rights that Employee has no power or may have to worker’s compensation benefits. Employee acknowledges that he is knowingly and voluntarily waiving and releasing any rights he may have under the ADEA. Employee also acknowledges that the consideration given for the waiver and release in the preceding paragraph hereof is in addition to anything of value to which he was already entitled. Employee acknowledges his understanding that he may take twenty-one (21) days to consider this Release, although Employee may sign this Release earlier if he chooses, and that he has been advised that he should consult with an attorney, if he decides to do so, prior to executing this Release. Employee further acknowledges that he has seven (7) days following the enforceability execution of this class arbitration waiver Release to revoke the Release, and any challenge this Release will not be effective until the date upon which the revocation period has expired, which will be the eighth day after this Release is executed by Employee (“Effective Date”). To revoke acceptance, Employee must send a written notice to Thoratec Corporation, 6▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Attn: General Counsel, by 5:00 p.m. on or before the seventh (7th) day after Employee signs and delivers to the class arbitration waiver may only be raised in a court of competent jurisdictionCompany this Release. All time limits set forth herein refer to calendar days unless otherwise specified. If the expiration of any provision of this arbitration agreement is found unenforceabletime limit set forth herein falls on a weekend or a holiday observed by Thoratec, the unenforceable provision time limit will be severed deemed to end at the close of business on the next workday. Employee understands and agrees that this Release includes claims which may be unknown to Employee at present, and that Employee has read and understands Section 1542 of the remaining arbitration terms will California Civil Code, which reads as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” Employee hereby expressly waives and relinquishes any and all rights under Section 1542 with respect to Employee’s release of any unknown or unsuspected claims Employee may have against the Releasees. Employee agrees not to commence any proceeding in court against the Company in connection with the matters released herein and that the only cause of action Employee could have against the Company after the date hereof would be enforced.for a breach of the foregoing Agreement or this Release or for matters arising after the date hereof. Employee represents and warrants that he has the sole right and authority to execute this Release and that he has not assigned or transferred, or purported to have assigned or transferred, to any corporation, entity or person, any dispute or claims released herein or any amount of money related hereto. By:

Dispute Resolution and Binding Arbitration. a. YOU AND SANS ▇▇▇▇▇▇ ART GLASS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURYExecutive and the Company agree that in the event a dispute arises concerning or relating to Executive's employment with the Company, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIMor any termination therefrom, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. b. The such dispute shall be submitted to binding arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer employment arbitration rules of Judicial Arbitration Rules and Mediation Services (the "AAA RulesJAMS") then by a single impartial arbitrator experienced in effectemployment law selected as follows: if the Company and Executive are unable to agree upon an impartial arbitrator within 10 days of a request for arbitration, the parties shall request a panel of employment arbitrators from JAMS and alternatively strike names until a single arbitrator remains. The arbitration shall take place in San Francisco, California, and both Executive and the Company agree to submit to the jurisdiction of the arbitrator selected in accordance with JAMS' rules and procedures. Except as set forth in Section 10.13 hereof, Executive and the Company further agree that arbitration as provided for in this section will be the exclusive and binding remedy for any such dispute and will be used instead of any court action, which is hereby expressly waived, except as modified for any request by this Section 11. (The AAA Rules are available at ▇▇▇.▇▇▇.▇▇▇/▇▇▇_▇▇▇ either party hereto for temporary or by calling the AAA at ▇-▇▇▇-▇▇▇-▇▇▇▇.) The Federal Arbitration Act will govern the interpretation preliminary injunctive relief pending arbitration in accordance with applicable law, or an administrative claim with an administrative agency, and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/ or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will arbitrator shall be final and binding on each of the both parties, and may be entered nonappealable. The arbitrator shall have discretion to award monetary and other damages, or no damages, and to fashion such other relief as a judgment in any court of competent jurisdictionthe arbitrator deems appropriate. We The Company will be responsible for paying any individual consumer's filing fees and costs of the arbitration proceeding itself (for example, arbitrators' fees. If you prevail on any claim that affords the prevailing , conference room, transcripts), but each party shall be responsible for its own attorneys' fees. THE COMPANY AND EXECUTIVE ACKNOWLEDGE AND AGREE THAT BY AGREEING TO ARBITRATE, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. c. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy. d. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR SANS ▇▇▇▇▇▇ ART GLASS WILL BE ENTITLED THEY ARE WAIVING ANY RIGHT TO JOIN OR CONSOLIDATE CLAIMS BY OR BRING AN ACTION AGAINST THE OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claimsCOURT OF LAW, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceableEITHER STATE OR FEDERAL, the unenforceable provision will be severed and the remaining arbitration terms will be enforcedAND ARE WAIVING THE RIGHT TO HAVE CLAIMS AND DAMAGES, IF ANY, DETERMINED BY A JURY.

Dispute Resolution and Binding Arbitration. a. YOU AND SANS ▇▇▇▇▇▇ ART GLASS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURYIt is important that you read this entire section carefully. This section provides for resolution of disputes through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. Arbitration. Crexendo, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIMits parent company, affiliates, assigns and successors and you agree to arbitrate any and all disputes and claims between you and Crexendo. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATIONYou specifically waive any right to a trial by Jury or by Court. ANY CLAIMArbitration includes all right in law or equity including but not limited to: disputes and claims arising out of or relating to any aspect of the relationship between you and Crexendo , DISPUTE OR CONTROVERSY fraud, misrepresentation or any other legal theory; disputes and claims that arose before this or any prior agreement (WHETHER IN CONTRACTincluding, TORT OR OTHERWISEbut not limited to, WHETHER PRE-EXISTINGclaims relating to advertising); disputes and claims that may arise after the termination of this agreement; disputes and claims that are currently the subject of individual litigation; disputes and claims which may be raised in class action litigation whether or not you are or waive your right to be a member of a certified class; and disputes and claims concerning the scope of this arbitration provision. References to "Crexendo ," "us" and "you" include our respective subsidiaries, PRESENT OR FUTUREaffiliates, AND INCLUDING STATUTORYagents, CONSUMER PROTECTIONemployees, COMMON LAWpredecessors in interest, INTENTIONAL TORTsuccessors and assigns, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. b. as well as all authorized or unauthorized users or beneficiaries of the service under this agreement or any prior agreements between you and Crexendo . The arbitration will shall be administered by the American Arbitration Association ("AAA") in accordance with ). The arbitration shall be governed by the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 11AAA's Commercial Dispute Resolution Procedures. (The AAA Rules are available Crexendo at ▇▇▇.▇▇▇.▇▇▇/▇▇▇_▇▇▇ or by calling the AAA at ▇1-▇▇▇800-▇▇▇-▇▇▇▇.) The Federal Arbitration Act will govern the interpretation 778- 7879. Unless you and enforcement Crexendo mutually agree otherwise, all hearings conducted as part of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/ or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or shall take place at a location no further than 250 miles from the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of address where the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. We will be responsible for paying any individual consumer's arbitration fees. If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by lawCrexendo services were contracted. c. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy. d. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR SANS ▇▇▇▇▇▇ ART GLASS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

Dispute Resolution and Binding Arbitration. a. YOU AND SANS ▇▇▇▇▇▇ ART GLASS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURYExecutive and the Company agree that in the event a dispute arises concerning or relating to Executive's employment with the Company, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. b. The such dispute shall be submitted to binding arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer employment arbitration rules of Judicial Arbitration Rules and Mediation Services (the "AAA RulesJAMS") then in effectby a single impartial arbitrator selected as follows: if the Company and Executive are unable to agree upon an impartial arbitrator within ten (10) days of a request for arbitration, except as modified by this Section 11. (The AAA Rules are available at ▇▇▇.▇▇▇.▇▇▇/▇▇▇_▇▇▇ or by calling the AAA at ▇-▇▇▇-▇▇▇-▇▇▇▇.) The Federal Arbitration Act will govern the interpretation parties shall request a panel of employment arbitrators from JAMS and enforcement of this sectionalternatively strike names until a single arbitrator remains. The arbitration shall take place in San Francisco, California, and both Executive and the Company agree to submit to the jurisdiction of the arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/ or enforceability of this arbitration provisionselected in accordance with JAMS' rules and procedures. Except as set forth in Section 9 hereof, including any unconscionability challenge or any other challenge Executive and the Company agree that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator procedure provided for in this section will be empowered the exclusive avenue of redress for any disputes relating to grant whatever relief would be available in court under law or in equity. Any arising from Executive's employment with the Company, and that the award of the arbitrator(s) will arbitrator shall be final and binding on each of the both parties, and may be entered nonappealable. The arbitrator shall have discretion to award monetary and other damages, or no damages, and to fashion such other relief as a judgment in any court of competent jurisdictionthe arbitrator deems appropriate. We will be responsible for paying any individual consumer's arbitration fees. If you prevail on any claim that affords The arbitrator shall also have discretion to award the prevailing party reasonable costs and attorneys' feesfees incurred in bringing or defending an action under this provision. THE COMPANY AND EXECUTIVE ACKNOWLEDGE AND AGREE THAT BY AGREEING TO ARBITRATE, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. c. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy. d. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR SANS ▇▇▇▇▇▇ ART GLASS WILL BE ENTITLED THEY ARE WAIVING ANY RIGHT TO JOIN OR CONSOLIDATE CLAIMS BY OR BRING AN ACTION AGAINST THE OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claimsCOURT OF LAW, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceableEITHER STATE OR FEDERAL, the unenforceable provision will be severed and the remaining arbitration terms will be enforcedAND ARE WAIVING THE RIGHT TO HAVE CLAIMS AND DAMAGES, IF ANY, DETERMINED BY A JURY.

Dispute Resolution and Binding Arbitration. a. YOU AND SANS ▇▇▇▇▇▇ ART GLASS LOOKOUT ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. b. . The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 1113. (The AAA Rules are available at ▇▇▇.▇▇▇.▇▇▇/▇▇▇_▇▇▇ or by calling the AAA at ▇-▇▇▇-▇▇▇-▇▇▇▇.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/ or and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement Agreement is void, voidable, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, parties and may be entered as a judgment in any court of competent jurisdiction. We will be responsible for paying any individual consumer's arbitration fees. If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. c. You may elect to pursue your claim in small-claims court located in the USA rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy. d. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR SANS ▇▇▇▇▇▇ ART GLASS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed severed, and the remaining arbitration terms will be enforced.

Dispute Resolution and Binding Arbitration. a. (a) YOU AND SANS ▇▇▇▇▇▇ ART GLASS LAKSHMI NUTRACEUTICALS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. b. (b) The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 11. (The AAA Rules are available at ▇▇▇.▇▇▇.▇▇▇/▇▇▇_▇▇▇ or by calling the AAA at ▇-▇▇▇-▇▇▇-▇▇▇▇.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/ or and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, parties and may be entered as a judgment in any court of competent jurisdiction. We will be responsible for paying any individual consumer's arbitration fees. If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.jurisdiction.‌ c. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy. d. (c) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR SANS ▇▇▇▇▇▇ ART GLASS LAKSHMI NUTRACEUTICALS, LLC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. jurisdiction.‌ If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed severed, and the remaining arbitration terms will be enforced.

Dispute Resolution and Binding Arbitration. a. YOU AND SANS ▇▇▇▇▇▇ ART GLASS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURYIt is important that you read this entire section carefully. This section provides for resolution of disputes through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. Arbitration. Crexendo, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIMits parent company, affiliates, assigns and successors and you agree to arbitrate any and all disputes and claims between you and Crexendo. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATIONYou specifically waive any right to a trial by Jury or by Court. ANY CLAIMArbitration includes all right in law or equity including but not limited to: disputes and claims arising out of or relating to any aspect of the relationship between you and Crexendo, DISPUTE OR CONTROVERSY fraud, misrepresentation or any other legal theory; disputes and claims that arose before this or any prior agreement (WHETHER IN CONTRACTincluding, TORT OR OTHERWISEbut not limited to, WHETHER PRE-EXISTINGclaims relating to advertising); disputes and claims that may arise after the termination of this agreement; disputes and claims that are currently the subject of individual litigation; disputes and claims which may be raised in class action litigation whether or not you are or waive your right to be a member of a certified class; and disputes and claims concerning the scope of this arbitration provision. References to "Crexendo ," "us" and "you" include our respective subsidiaries, PRESENT OR FUTUREaffiliates, AND INCLUDING STATUTORYagents, CONSUMER PROTECTIONemployees, COMMON LAWpredecessors in interest, INTENTIONAL TORTsuccessors and assigns, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. b. as well as all authorized or unauthorized users or beneficiaries of the service under this agreement or any prior agreements between you and Crexendo . The arbitration will shall be administered by the American Arbitration Association ("AAA") in accordance with ). The arbitration shall be governed by the Consumer Arbitration AAA's Commercial Dispute Resolution Procedures. Those Rules (the "AAA Rules") then in effect, except as modified by this Section 11. (The AAA Rules are available may be found at ▇▇▇.▇▇▇.▇▇▇/▇▇▇_▇▇▇ or by calling the AAA at ▇-▇▇▇-▇▇▇-▇▇▇▇.) The Federal Arbitration Act will govern the interpretation . Unless you and enforcement Crexendo mutually agree otherwise, all hearings conducted as part of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/ or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or shall take place at a location no further than 250 miles from the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of address where the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. We will be responsible for paying any individual consumer's arbitration fees. If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by lawCrexendo services were contracted. c. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy. d. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR SANS ▇▇▇▇▇▇ ART GLASS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

Dispute Resolution and Binding Arbitration. a. YOU AND SANS ▇▇▇▇▇▇ ART GLASS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURYExecutive and the Company agree that in the event a dispute arises concerning or relating to Executive's employment with the Company, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIMor any termination therefrom, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. b. The such dispute shall be submitted to binding arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer employment arbitration rules of Judicial Arbitration Rules and Mediation Services (“JAMS”) by a single impartial arbitrator experienced in employment law selected as follows: if the "AAA Rules"Company and Executive are unable to agree upon an impartial arbitrator within ten (10) then days of a request for arbitration, the parties shall request a panel of employment arbitrators from JAMS and alternatively strike names until a single arbitrator remains. The arbitration shall take place in effectSan Francisco, California, and both Executive and the Company agree to submit to the jurisdiction of the arbitrator selected in accordance with JAMS' rules and procedures. Executive and the Company further agree that arbitration as provided for in this section will be the exclusive and binding remedy for any such dispute and will be used instead of any court action, which is hereby expressly waived, except as modified for any request by this Section 11. (The AAA Rules are available at ▇▇▇.▇▇▇.▇▇▇/▇▇▇_▇▇▇ either party hereto for temporary or by calling the AAA at ▇-▇▇▇-▇▇▇-▇▇▇▇.) The Federal Arbitration Act will govern the interpretation and enforcement of this sectionpreliminary injunctive relief pending arbitration in accordance with applicable law, or an administrative claim with an administrative agency. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/ or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge parties further agree that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will arbitrator shall be final and binding on each of the both parties. The arbitrator shall have discretion to award monetary and other damages, or no damages, and may be entered to fashion such other relief as a judgment in any court of competent jurisdictionthe arbitrator deems appropriate. We The Company will be responsible for paying any individual consumer's filing fees and costs of the arbitration proceeding itself (for example, arbitrators' fees. If you prevail on any claim that affords the prevailing , conference room, transcripts), but each party shall be responsible for its own attorneys' fees. THE COMPANY AND EXECUTIVE ACKNOWLEDGE AND AGREE THAT BY AGREEING TO ARBITRATE, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. c. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy. d. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR SANS ▇▇▇▇▇▇ ART GLASS WILL BE ENTITLED THEY ARE WAIVING ANY RIGHT TO JOIN OR CONSOLIDATE CLAIMS BY OR BRING AN ACTION AGAINST THE OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claimsCOURT OF LAW, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceableEITHER STATE OR FEDERAL, the unenforceable provision will be severed and the remaining arbitration terms will be enforcedAND ARE WAIVING THE RIGHT TO HAVE CLAIMS AND DAMAGES, IF ANY, DETERMINED BY A JURY.

Dispute Resolution and Binding Arbitration. a. YOU AND SANS ▇▇▇▇▇▇ ART GLASS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURYExecutive and the Company agree that in the event a dispute arises concerning or relating to Executive's employment with the Company, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. b. The such dispute shall be submitted to binding arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer employment arbitration rules of Judicial Arbitration Rules and Mediation Services (the "AAA RulesJAMS") then in effectby a single impartial arbitrator selected as follows: if the Company and Executive are unable to agree upon an impartial arbitrator within ten (10) days of a request for arbitration, except as modified by this Section 11. (The AAA Rules are available at ▇▇▇.▇▇▇.▇▇▇/▇▇▇_▇▇▇ or by calling the AAA at ▇-▇▇▇-▇▇▇-▇▇▇▇.) The Federal Arbitration Act will govern the interpretation parties shall request a panel of employment arbitrators from JAMS and enforcement of this sectionalternative strike names until a single arbitrator remains. The arbitration shall take place in San Francisco, California, and both Executive and the Company agree to submit to the jurisdiction of the arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/ or enforceability of this arbitration provisionselected in accordance with JAMS' rules and procedures. Except as set forth in Section 10.13 hereof, including any unconscionability challenge or any other challenge Executive and the Company agree that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator procedure provided for in this section will be empowered the exclusive avenue of redress for any disputes relating to grant whatever relief would be available in court under law or in equity. Any arising from Executive's employment with the Company, and that the award of the arbitrator(s) will arbitrator shall be final and binding on each of the both parties, and may be entered nonappealable. The arbitrator shall have discretion to award monetary and other damages, or no damages, and to fashion such other relief as a judgment in any court of competent jurisdiction. We will be responsible for paying any individual consumer's arbitration fees. If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. c. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchasedeems appropriate. The arbitration or small-claims court proceeding charges will be limited solely shared equally by the parties up to your individual dispute or controversy. d. You agree to an the cost of a first appearance fee in state court; any arbitration on an individual basischarge in excess of the first appearance fee shall be paid by the Company. In any disputeTHE COMPANY AND EXECUTIVE ACKNOWLEDGE AND AGREE THAT BY AGREEING TO ARBITRATE, NEITHER YOU NOR SANS ▇▇▇▇▇▇ ART GLASS WILL BE ENTITLED THEY ARE WAIVING ANY RIGHT TO JOIN OR CONSOLIDATE CLAIMS BY OR BRING AN ACTION AGAINST THE OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claimsCOURT OF LAW, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceableEITHER STATE OR FEDERAL, the unenforceable provision will be severed and the remaining arbitration terms will be enforcedAND ARE WAIVING THE RIGHT TO HAVE CLAIMS AND DAMAGES, IF ANY, DETERMINED BY A JURY.

Dispute Resolution and Binding Arbitration. a. (a) YOU AND SANS ▇▇▇▇▇▇ ART GLASS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. b. (b) The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 1112. (The AAA Rules are available at ▇▇▇.▇▇▇.▇▇▇/▇▇▇_▇▇▇ or by calling the AAA at ▇-▇▇▇-▇▇▇-▇▇▇▇.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/ or and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. We will be responsible for paying any individual consumer's arbitration fees. If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. c. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy. d. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR SANS ▇▇▇▇▇▇ ART GLASS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

Dispute Resolution and Binding Arbitration. a. (a) YOU AND SANS ▇▇▇▇▇▇ ART GLASS ECMS EXPRESS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. b. (b) The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 11. (The AAA Rules are available at ▇▇▇.▇▇▇.▇▇▇/▇▇▇_▇▇▇ or by calling the AAA at ▇-▇▇▇-▇▇▇-▇▇▇▇.) The Federal Arbitration Act will govern the interpretation and enforcement of this section15. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/ or and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. We will be responsible for paying any individual consumer's arbitration fees. If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. c. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy. d. (c) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR SANS ▇▇▇▇▇▇ ART GLASS ECMS EXPRESS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

Dispute Resolution and Binding Arbitration. a. YOU AND SANS ▇▇▇▇▇▇ ART GLASS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURYExecutive and the Company agree that in the event a dispute arises concerning or relating to Executive's employment with the Company, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIMor any termination therefrom, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. b. The such dispute shall be submitted to binding arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer employment arbitration rules of Judicial Arbitration Rules and Mediation Services (the "AAA RulesJAMS") then by a single impartial arbitrator experienced in effectemployment law selected as follows: if the Company and Executive are unable to agree upon an impartial arbitrator within ten (10) days of a request for arbitration, the parties shall request a panel of employment arbitrators from JAMS and alternatively strike names until a single arbitrator remains. The arbitration shall take place in San Francisco, California, and both Executive and the Company agree to submit to the jurisdiction of the arbitrator selected in accordance with JAMS' rules and procedures. Executive and the Company further agree that arbitration as provided for in this section will be the exclusive and binding remedy for any such dispute and will be used instead of any court action, which is hereby expressly waived, except as modified for any request by this Section 11. (The AAA Rules are available at ▇▇▇.▇▇▇.▇▇▇/▇▇▇_▇▇▇ either party hereto for temporary or by calling the AAA at ▇-▇▇▇-▇▇▇-▇▇▇▇.) The Federal Arbitration Act will govern the interpretation and enforcement of this sectionpreliminary injunctive relief pending arbitration in accordance with applicable law, or an administrative claim with an administrative agency. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/ or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge parties further agree that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will arbitrator shall be final and binding on each of the both parties. The arbitrator shall have discretion to award monetary and other damages, or no damages, and may be entered to fashion such other relief as a judgment in any court of competent jurisdictionthe arbitrator deems appropriate. We The Company will be responsible for paying any individual consumer's filing fees and costs of the arbitration proceeding itself (for example, arbitrators' fees. If you prevail on any claim that affords the prevailing , conference room, transcripts), but each party shall be responsible for its own attorneys' fees. THE COMPANY AND EXECUTIVE ACKNOWLEDGE AND AGREE THAT BY AGREEING TO ARBITRATE, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by lawTHEY ARE WAIVING ANY RIGHT TO BRING AN ACTION AGAINST THE OTHER IN A COURT OF LAW, EITHER STATE OR FEDERAL, AND ARE WAIVING THE RIGHT TO HAVE CLAIMS AND DAMAGES, IF ANY, DETERMINED BY A JURY. c. You may elect to pursue your claim 16. All remaining provisions of the Agreement, other than those expressly modified in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversythis Second Amendment, remain in full force and effect. d. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR SANS ▇▇▇▇▇▇ ART GLASS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

Dispute Resolution and Binding Arbitration. a. YOU AND SANS ▇▇▇▇▇▇ ART GLASS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURYExecutive and the Company agree that in the event a dispute arises concerning or relating to Executive's employment with the Company, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIMor any termination therefrom, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. b. The such dispute shall be submitted to binding arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer employment arbitration rules of Judicial Arbitration Rules and Mediation Services (the "AAA RulesJAMS") then by a single impartial arbitrator experienced in effectemployment law selected as follows: if the Company and Executive are unable to agree upon an impartial arbitrator within ten days of a request for arbitration, the parties shall request a panel of employment arbitrators from JAMS and alternatively strike names until a single arbitrator remains. The arbitration shall take place in San Francisco, California, and both Executive and the Company agree to submit to the jurisdiction of the arbitrator selected in accordance with JAMS' rules and procedures. Executive and the Company further agree that arbitration as provided for in this section will be the exclusive and binding remedy for any such dispute and will be used instead of any court action, which is hereby expressly waived, except as modified for any request by this Section 11. (The AAA Rules are available at ▇▇▇.▇▇▇.▇▇▇/▇▇▇_▇▇▇ either party hereto for temporary or by calling the AAA at ▇-▇▇▇-▇▇▇-▇▇▇▇.) The Federal Arbitration Act will govern the interpretation and enforcement of this sectionpreliminary injunctive relief pending arbitration in accordance with applicable law, or an administrative claim with an administrative agency. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/ or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge parties further agree that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will arbitrator shall be final and binding on each of the both parties. The arbitrator shall have discretion to award monetary and other damages, or no damages, and may be entered to fashion such other relief as a judgment in any court of competent jurisdictionthe arbitrator deems appropriate. We The Company will be responsible for paying any individual consumer's filing fees and costs of the arbitration proceeding itself (for example, arbitrators' fees. If you prevail on any claim that affords the prevailing , conference room, transcripts), but each party shall be responsible for its own attorneys' fees. THE COMPANY AND EXECUTIVE ACKNOWLEDGE AND AGREE THAT BY AGREEING TO ARBITRATE, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. c. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy. d. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR SANS ▇▇▇▇▇▇ ART GLASS WILL BE ENTITLED THEY ARE WAIVING ANY RIGHT TO JOIN OR CONSOLIDATE CLAIMS BY OR BRING AN ACTION AGAINST THE OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claimsCOURT OF LAW, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceableEITHER STATE OR FEDERAL, the unenforceable provision will be severed and the remaining arbitration terms will be enforcedAND ARE WAIVING THE RIGHT TO HAVE CLAIMS AND DAMAGES, IF ANY, DETERMINED BY A JURY.

Dispute Resolution and Binding Arbitration. a. (a) YOU AND SANS ▇▇▇▇▇▇ ART GLASS MY SWAGGY MERCH LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. b. (b) The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 1115. (The AAA Rules are available at ▇▇▇.▇▇▇.▇▇▇/▇▇▇_▇▇▇ or by calling the AAA at ▇-▇▇▇-▇▇▇-▇▇▇▇.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/ or and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, parties and may be entered as a judgment in any court of competent jurisdiction. We will be responsible for paying any individual consumer's arbitration fees. If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. c. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy. d. (c) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR SANS ▇▇▇▇▇▇ ART GLASS MY SWAGGY MERCH LLC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed severed, and the remaining arbitration terms will be enforced.