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AGREEMENT TO ARBITRATE
You and StockInvesting101.com each agree that any and all disputes or claims that have arisen or may arise between you and StockInvesting101.com, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-
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YOU AND STOCKINVESTING101.COM AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS YOU AND STOCKINVESTING101.COM MUTUALLY AGREE, THE ARBITRATOR(S) MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR(S) MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS OF STOCKINVESTING101.COM.
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The Arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (if applicable), as modified by this Agreement to arbitrate. The AAA's Rules are available at www.adr.org. A party who intends to seek arbitration must first send to the other, by certified mail, a full and complete notice of dispute (“Notice”). The notice to StockInvesting101.com must be sent to StockInvesting101.com, Attn: Notice of Dispute, 2701 Del Paso Road, Ste. 130-61, Sacramento, CA 95835-2306. StockInvesting101.com .com will send any Notice to you to the most recent physical address either stated on the Notice or the one that we have on file for you at StockInvesting101.com.com; it is your responsibility to provide and keep your physical address up to date. The Notice must include a description of the nature and basis of the claims the party is asserting and the relief sought.
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The arbitration shall be held in the County of Sacamento, California, or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or StockInvesting101.com may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and, StockInvesting101.com subject to the discretion of the arbitrator(s) to require an in- person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or StockInvesting101.com may attend by telephone, unless the arbitrator(s) require otherwise. Any settlement offer made by you or StockInvesting101.com shall not be disclosed to the arbitrator(s).
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With the exception of any of the provisions of this Agreement to Arbitrate regarding Prohibition of Class and Representative Actions and Non-Individualized Relief, if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions of this Agreement to Arbitrate regarding Prohibition of Class and Representative Actions and Non-Individualized Relief, are invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void.
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If you believe that your work has been copied in a way that constitutes copyright infringement, please provide StockInvesting101.com’s Copyright Agent the following information:
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This written information may be transmitted to StockInvesting101.com’s Copyright Agent for Notice of claims of copyright infringement as follows:
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Attn: John R. Reizner
2701 Del Paso Road
Sacramento, CA 95835-2306
By email: email@example.com
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.