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2,000 Calories a day is used for general nutrition advice, but calorie needs may
vary. Additional nutritional information available upon request. Customization
of your order may impact the accuracy and/or completeness of the available
nutritional information. Allergen and Nutrition Information

Sodium Warning: Indicates that the sodium (salt) content of this item is higher
than the total daily recommended limit (2,300 mg). High sodium intake can
increase blood pressure and risk of heart disease and stroke.

The Cool Food Meal badge, used by Panera Bread in connection with select U.S.
menu items, designates that a menu item has low food-related greenhouse gas
emissions, as determined in accordance with the rules, procedures and
requirements established by World Resources Institute. For more information
about Panera Bread’s Cool Food Meals, visit Panerabread.com/CoolFoodMeals. For
more information about World Resource Institute’s Cool Food Meal program and
related rules, procedures and requirements, visit coolfood.org/consumer.

WELCOME TO THE UNLIMITED SIP CLUB MONTHLY AND ANNUAL SUBSCRIPTION PROGRAMS

Subscription Terms and Conditions

Effective Date: December 21, 2022

1. Acceptance of Subscription Terms and Conditions. These terms and conditions
(“Agreement”) shall govern your participation in and use of the Panera Unlimited
Sip Club Subscription Program (formerly known as the MyPanera+ Coffee and
MyPanera+ Beverage Club Subscription Programs) available for enrollment at
www.panerabread.com/UnlimitedSipClub (the “Beverage Subscription”,
“Subscription,” “Beverage Membership,” or “Membership”). The Beverage
Subscription is provided by Panera, LLC (“Panera,” “Company,” “we,” or “us”).
This Agreement is to be read in connection with Panera's Terms of Use and
Privacy Policy, both of which are incorporated into and made part of this
Agreement by reference. When you sign up for, and each time you use, the
Subscription, you signify that you agree to be bound by this Agreement. If you
do not agree to this Agreement, do not subscribe. Furthermore, if, at any time
during your Subscription, you no longer agree with this Agreement or any updates
to this Agreement (see Section 2 below), then you must cancel your Subscription.
In the event of a conflict between the MyPanera Loyalty Program Terms and this
Agreement, this Agreement controls.

IMPORTANT: THIS AGREEMENT INCLUDES RESOLUTION OF DISPUTES BY ARBITRATION INSTEAD
OF IN COURT AND A CLASS ACTION WAIVER WHICH REQUIRES THAT ANY ARBITRATION CLAIMS
MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS
REPRESENTATIVE OR MEMBER OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPORTED
CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. SEE SECTION 9 BELOW.

YOU MUST BE 18 YEARS OF AGE OR OLDER TO SUBSCRIBE TO THE SUBSCRIPTION.

2. Updates to this Agreement. Panera reserves the right to update, change or
modify this Agreement at any time. Depending on the nature of the change or
update, Panera may provide notice by posting the new Agreement on
https://www.panerabread.com/UnlimitedSipClub with a new effective date shown.
All such changes in the Agreement shall be effective from the effective date set
when posted. You waive any right you may have to receive specific notice of such
updates, changes, or modifications.

3. Electronic Form. By accessing the Subscription, you consent to have this
Agreement provided to you in electronic form.

4. Your Subscription. By registering for the Subscription, you agree to (i)
provide true, accurate, current, and complete information about yourself as
prompted by the registration form, and (ii) maintain and properly update your
account information to keep it true, accurate, current, and complete. If you
provide information that is untrue, inaccurate, not current, or incomplete, or
if we have reasonable grounds to suspect that you have, or you violate this
Agreement, as determined in our sole discretion, we have the right to suspend or
terminate your Subscription and refuse any and all current or future use of the
Subscription. Registration and redemption are available to consumers in
participating U.S. Panera bakery-cafes subject to Panera's verification, in its
sole discretion. Without limitation of the foregoing, we reserve the right to
reject any Subscription application in our sole discretion. You must be a
MyPanera loyalty member to subscribe to the Beverage Subscription. A MyPanera
membership is free through Panera. Subscribers must register their MyPanera card
and store their credit card to their MyPanera account to activate their
Subscription. Only major credit cards are eligible for billing for the
Subscription and Panera reserves the right, in its sole discretion, to reject
debit cards, gift cards, pre-loaded cards, or similar billing devices.

5. Subscription Benefits.

MONTHLY.

The Beverage Subscription may only be available for a limited time for $11.99
(plus tax) each month to eligible subscribers who are located in the United
States. The Beverage Subscription entitles eligible subscribers to the following
Subscription benefits: drip hot coffee, iced coffee, hot tea, fountain soda
beverages, bubbler drinks (Regular, Sweet, and Passion Papaya Green iced teas,
and Agave lemonade) and Charged Lemonade beverages (Fuji Apple Cranberry, Mango
Citrus Yuzu and Strawberry Lemon Mint) (collectively, “Beverage Subscription
Benefits”) every two hours during normal bakery-cafe business hours including
free refills at participating U.S. Panera bakery-cafes each day during the
corresponding month for which payment was made (“Daily Beverage Coupon”).
Beverages may vary by location. Excludes all other beverages, including, without
limitation, bottled beverages, smoothies, frozen blended drinks, cold brew iced
coffee and espresso and cappuccino beverages. Customizations including, but not
limited to, added espresso, and added syrups (Madagascar vanilla, bittersweet
chocolate, cinnamon, and caramel) are not included in the Beverage Subscription
monthly price. Upcharges apply. Other additions such as milk, skim milk, almond
milk, half & half, and sweeteners are included in the Beverage Subscription
monthly price.

Daily Beverage Coupon expires every day at 11:59 PM local time. An unused Daily
Beverage Coupon is considered forfeited and will not be refunded or carried over
to the next day. Not valid on catering orders or orders placed on third party
delivery sites. We reserve the right at any time and in our sole discretion to
verify a subscriber’s eligibility and compliance with this Agreement, including,
but not limited to, ensuring that the Subscription is not being used for a
commercial purpose. There is a limit of one Subscription per person and
Subscriptions cannot be shared. Panera reserves the right to update, change,
modify, or terminate the Beverage Subscription and/or any Beverage Subscription
Benefits at any time (including converting the Beverage Subscription into
another subscription program, including, but not limited to, the Coffee
Subscription Program), in its sole and absolute discretion. Note that
zero-dollar transactions – transactions in which only a daily coffee or a daily
beverage and other MyPanera rewards are redeemed – do not count as a “visit”
towards purchase-based MyPanera rewards.

Eligible New and Existing Subscribers, as hereinafter defined, must
affirmatively join the Beverage Subscription or be automatically upgraded,
respectively, to the Beverage Subscription from their existing subscription as
further described below to receive the Beverage Subscription Benefits. At this
time, the Beverage Subscription is not available as part of Panera’s Gift Coffee
program and is not combinable with any other offers or coupons.

For New Subscribers as of October 12, 2022: Once registered, Panera will charge
eligible, new subscribers who sign up for the Beverage Subscription (“New
Subscribers”) the amount of $11.99 (plus tax) to the billing method provided by
them at sign-up (“Payment Method”) on a monthly basis in return for their
ability to access the Beverage Subscription Benefits.

For Existing Subscribers (Paid, Free Trial, and Discounted Subscribers) who had
an account before October 12, 2022:

· Existing Paid Unlimited Sip Club Subscribers at $8.99/month (plus tax):
For existing paid subscribers of an Unlimited Sip Club Subscription who pay
$8.99/month (plus tax) and are eligible for the Beverage Subscription
(“Grandfathered Paid Subscribers”), the New Monthly Fee, as defined, will
increase to $11.99/month (plus tax) (“New Monthly Fee”) and Grandfathered Paid
Subscribers will be charged the New Monthly Fee on their first paid renewal
after January 1, 2023 and thereafter each month unless the Beverage Subscription
is cancelled. The Grandfathered Paid Subscribers will be charged the New Monthly
Fee to the billing method provided by the Existing Paid Subscriber (“Payment
Method”) when the Grandfathered Paid Subscriber signed up for his or her
Beverage Subscription.

· Existing Paid Unlimited Sip Club Subscribers at $10.99/month (plus tax):
For existing paid subscribers of an Unlimited Sip Club Subscription who pay
$10.99/month (plus tax) and are eligible for the Beverage Subscription
(“Existing Paid Subscribers”), the New Monthly Fee, defined above, will increase
to $11.99/month (plus tax) and Existing Paid Subscribers will be charged the New
Monthly Fee on their first paid renewal after November 1, 2022 and thereafter
each month unless the Beverage Subscription is cancelled. The Existing Paid
Subscribers will be charged the New Monthly Fee to the billing method provided
by the Existing Paid Subscriber (“Payment Method”) when the Existing Paid
Subscriber signed up for his or her Beverage Subscription.

· Existing Free Trial Unlimited Sip Club Subscribers: Existing Free Trial
Subscribers’ free trial of Beverage Subscriptions will be honored through their
expiration. If you continue your Beverage Subscription after your final free
renewal, on your first paid renewal after November 1, 2022, you will be charged
the New Monthly Fee, defined above, of $11.99/month (plus tax) in return for the
Existing Free Subscriber’s ability to access the Beverage Subscription Benefits
unless the Beverage Subscription is cancelled. The Existing Free Trial
Subscriber will be charged the New Monthly Fee to the billing method provided by
the Existing Free Trial Subscriber (“Payment Method”) when the Existing Free
Trial Subscriber signed up for his or her Beverage Subscription.

· Existing Discounted Subscribers: Existing Discounted Subscribers’
Beverage Subscriptions will be honored through their expiration. If you continue
your Beverage Subscription after your final discounted renewal, on your first
full priced renewal in 2022, you will be charged the New Monthly Fee, defined
above, of $11.99/month (plus tax) in return for the Existing Discounted
Subscriber’s ability to access the Beverage Subscription Benefits unless the
Beverage Subscription is cancelled. The Existing Discounted Subscriber will be
charged the New Monthly Fee to the billing method provided by the Existing
Discounted Subscriber (“Payment Method”) when the Existing Discounted Subscriber
signed up for his or her Beverage Subscription.

· For Existing Grandfathered Paid, Existing Paid, Free Trial and Discounted
Subscribers (collectively “Existing Subscribers”): The Beverage Subscription may
only be available for a limited time and may be terminated by Panera at any time
in its sole and absolute discretion. In such event, Existing Subscribers will be
notified by email that the Beverage Subscription has been terminated and that
their Beverage Subscription Benefits will no longer be available at the end of
Existing Subscriber’s monthly subscription period.

ANNUAL

The Beverage Subscription may only be available for a limited time for $119.99
(plus tax) (“Annual Fee”) each year to eligible subscribers who are located in
the United States. The Beverage Subscription entitles eligible subscribers to
the following Subscription benefits: (i) drip hot coffee, iced coffee, hot tea,
fountain soda beverages, bubbler drinks (Regular, Sweet, and Passion Papaya
Green iced teas, and Agave lemonade) and Charged Lemonade beverages (Fuji Apple
Cranberry, Mango Citrus Yuzu and Strawberry Lemon Mint) (collectively, “Beverage
Subscription Benefits”) every two hours during normal bakery-cafe business hours
including free refills at participating U.S. Panera bakery-cafes each day during
the corresponding year for which payment was made (“Daily Beverage Coupon”).
Beverages may vary by location. Excludes all other beverages, including, without
limitation, bottled beverages, smoothies, frozen blended drinks, cold brew iced
coffee and espresso and cappuccino beverages. Customizations including, but not
limited to, added espresso, and added syrups (Madagascar vanilla, bittersweet
chocolate, cinnamon, and caramel) are not included in the Beverage Subscription
monthly price. Upcharges apply. Other additions such as milk, skim milk, almond
milk, half & half, and sweeteners are included in the Beverage Subscription
annual price; (ii) $0 Delivery fee on digital delivery orders placed online or
in the Panera app during your Beverage Subscription which will be automatically
added as a MyPanera reward one time per day during your Beverage Subscription1;
and (iii) Sip Club Saturday promotions during your Beverage Subscription2.

Must be an Unlimited Sip Club annual subscriber to receive this offer. Purchase
required. Valid one time per day. The $1 delivery fee will be waived on your
online delivery order only. Minimum order of $5 required, exclusive of taxes,
fees, or charges that may apply. Maximum delivery fee discount of $1. MyPanera®
login is required. Offer valid at participating U.S. bakery-cafes only. Gift
Card purchases, orders placed on third-party delivery sites, in-cafe, curbside,
drive-thru, kiosk, Rapid Pick-Up and catering orders excluded. Order must be
placed online with credit card. Menu pricing for delivery is higher and charges
and fees apply. A $1 delivery fee and a Convenience Fee apply to online delivery
orders. If applicable, the Convenience Fee offsets costs associated with online
ordering including technology development, marketing, and administrative
activities. For select California cafes, a $2 Supplemental Delivery Charge will
be added to your order due to added delivery costs in the state where this cafe
is located. Delivery fees and charge and pricing may vary. Our delivery fees and
charges are not a tip or gratuity provided to the driver. Tracking available
only in participating U.S. bakery-cafes that offer delivery. Delivery hours may
vary. Limited delivery area. Visit www.panerabread.com/deliveryinfo to determine
if you’re in a delivery area or for more information. Not valid with any other
coupon or offer. Void if modified, copied, reproduced, transferred, purchased,
traded, or sold. Applicable taxes paid by bearer. Offer may expire without
notice due to error, fraud, or other unforeseen circumstances. Other
restrictions may apply.[2]Must be an Unlimited Sip Club (“Subscription”)
subscriber (“Subscriber”) to receive this offer. On periodic Saturdays during
your Subscription, Panera will offer exclusive Subscriber promotions such as
free or discounted menu items. These offers will automatically be loaded to your
MyPanera account, and you may receive MyPanera email notifications informing you
of these offers. Not valid with any other coupon or offer. While supplies last.

For New Annual Subscribers as of December 15, 2022: Once registered, Panera will
charge eligible, new subscribers who sign up for the Beverage Subscription (“New
Subscribers”) the amount of $119.99 (plus tax) to the billing method provided by
them at sign-up (“Payment Method”) on an annual basis in return for their
ability to access the Beverage Subscription Benefits.

1 Must be an Unlimited Sip Club annual subscriber to receive this offer.
Purchase required. Valid one time per day. The $1 delivery fee will be waived on
your online delivery order only. Minimum order of $5 required, exclusive of
taxes, fees, or charges that may apply. Maximum delivery fee discount of $1.
MyPanera® login is required. Offer valid at participating U.S. bakery-cafes
only. Gift Card purchases, orders placed on third-party delivery sites, in-cafe,
curbside, drive-thru, kiosk, Rapid Pick-Up and catering orders excluded. Order
must be placed online with credit card. Menu pricing for delivery is higher and
charges and fees apply. A $1 delivery fee and a Convenience Fee apply to online
delivery orders. If applicable, the Convenience Fee offsets costs associated
with online ordering including technology development, marketing, and
administrative activities. For select California cafes, a $2 Supplemental
Delivery Charge will be added to your order due to added delivery costs in the
state where this cafe is located. Delivery fees and charge and pricing may vary.
Our delivery fees and charges are not a tip or gratuity provided to the driver.
Tracking available only in participating U.S. bakery-cafes that offer delivery.
Delivery hours may vary. Limited delivery area. Visit
www.panerabread.com/deliveryinfo to determine if you’re in a delivery area or
for more information. Not valid with any other coupon or offer. Void if
modified, copied, reproduced, transferred, purchased, traded, or sold.
Applicable taxes paid by bearer. Offer may expire without notice due to error,
fraud, or other unforeseen circumstances. Other restrictions may apply.

2 Must be an Unlimited Sip Club (“Subscription”) subscriber (“Subscriber”) to
receive this offer. On periodic Saturdays during your Subscription, Panera will
offer exclusive Subscriber promotions such as free or discounted menu items.
These offers will automatically be loaded to your MyPanera account, and you may
receive MyPanera email notifications informing you of these offers. Not valid
with any other coupon or offer. While supplies last.

For Existing Subscribers (Paid, Free Trial, and Discounted Monthly Subscribers)
who had an account before December 15, 2022:

· Existing Paid (full price, free and discounted) Monthly Unlimited Sip
Club Subscribers: For existing paid subscribers of an Unlimited Sip Club
Subscription who pay monthly and are eligible for the Beverage Subscription
(“Existing Paid Subscribers”), if you upgrade to the annual Beverage
Subscription, you will be charged the Annual Fee on your next renewal date and
thereafter each year unless the Beverage Subscription is cancelled. Existing
Paid Subscribers will be charged the Annual Fee to the billing method provided
by the Existing Paid Subscriber (“Payment Method”) when the Existing Paid
Subscriber signed up for his or her Beverage Subscription. NOTE: If you are in a
free or discounted multi-month trial subscription and you convert to an annual
subscription, you may lose a portion of your free or discounted monthly trial
program depending on when you convert to an annual subscription.

· For Existing Paid (full price, free and discounted) and Free Trial
Monthly Subscribers (collectively “Existing Subscribers”): The Beverage
Subscription may only be available for a limited time and may be terminated by
Panera at any time in its sole and absolute discretion. In such event, Existing
Subscribers will be notified by email that the Beverage Subscription has been
terminated and that their Beverage Subscription Benefits will no longer be
available at the end of Existing Subscriber’s monthly subscription period.

6. Charges to Your Payment Method. Panera charges you for your Subscription
using the Payment Method you provide at the time of enrollment, unless otherwise
updated by Subscriber. By enrolling in the Subscription, you authorize Panera to
charge your Payment Method the Beverage Subscription monthly price then in
effect for the Subscription whether you use the Beverage Subscription Benefits
or not, until cancelled by you as described in this Agreement. Your Subscription
provides you the opportunity to use the Beverage Subscription Benefits and your
non-use will not obligate Panera to provide you with any refund, in whole or
part, of your Beverage Subscription monthly price. Panera reserves the right to
correct any errors or mistakes that it makes, even if it has already requested
or received payment, and to update your information from available third-party
sources. You remain responsible for any uncollected amounts. If a payment is not
successfully settled, due to expiration, insufficient funds, or otherwise, and
you do not cancel your Subscription, we may suspend your access to the
Subscription until we have successfully charged a valid Payment Method. For some
Payment Methods, the issuer may charge you certain fees, such as transaction
fees or other fees relating to the processing of your Payment Method. Check with
your Payment Method service provider for details.

7. Recurring Billing and Cancellation.

7.1. Recurring Billing. By enrolling in the Subscription, you authorize Panera
to charge your Payment Method on a recurring monthly basis beginning on the day
you start your Subscription and every 30 days thereafter (the “Billing Cycle”)
until you cancel as described in Section 7.2 below, or Panera suspends, ends, or
otherwise terminates your access to the Subscription, which it may do at any
time. You hereby accept responsibility for all recurring charges made to your
Payment Method prior to cancellation or termination. Unless and until you
cancel, your Subscription will be automatically extended for successive monthly
periods at the then-current Beverage Subscription monthly price. If you cancel
your monthly Subscription, you may use your Beverage Subscription Benefits until
the end of the applicable Billing Cycle and your Subscription will not be
renewed after that Billing Cycle ends. Your non-termination or continued use of
the Subscription reaffirms that Panera is authorized to charge your Payment
Method on the recurring basis to which you agreed at enrollment. Panera may
submit those charges for payment, and you will be responsible for such charges.
PANERA MAY SUBMIT PERIODIC CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL
YOU AFFIRMATIVELY CANCEL YOUR SUBSCRIPTION OR NOTIFY US THAT YOU WISH TO CHANGE
YOUR PAYMENT METHOD INFORMATION. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED
BEFORE PANERA REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION, VISIT YOUR
MYPANERA ACCOUNT SETTINGS ON PANERABREAD.COM.

7.2 Changes or Cancellation. To change or cancel your Subscription at any time,
visit the Subscription section at www.panerabread.com/UnlimitedSipClub or on the
Panera app. For step by step instructions on how to cancel your Subscription,
please visit here . You can also call Panera Customer Service at 1-855-3-PANERA
to cancel your subscription. Your cancellation request must be submitted before
the start of the next Billing Cycle. If you cancel your Subscription, you may
use your Beverage Subscription Benefits until the end of the Billing Cycle and
your Subscription will not be renewed once that Billing Cycle ends. In such
event, you will not be entitled to a prorated refund of any unused portion of
the Beverage Subscription monthly price. If you signed up for the Subscription
using your account with a third party as a Payment Method and wish to cancel
your Subscription, you may need to do so through that third party, for example
by visiting your account with the applicable third party and turning off
auto-renew or unsubscribing from the Subscription through that third party. If
you cancel your Subscription but want to re-enroll, you may do so by visiting
your MyPanera Account settings on panerabread.com.

7.3 Change in Amount Authorized. If the amount to be charged to your Payment
Method varies from the current rate set forth in your initial offer due to an
increase in our current rates (other than due to the imposition or change in the
amount of state sales taxes), Panera shall provide notice of the amount to be
charged and the date of the charge at least 10 days before the scheduled date of
the transaction. Any agreement you have with the issuer of your Payment Method
will govern your use of your Payment Method as a payment mechanism. You agree
that Panera may accumulate charges incurred and submit them as one or more
aggregate charges during or at the end of each billing cycle

7.4 Other. The Beverage Subscription is managed through the MyPanera loyalty
program. If a subscriber chooses to decline MyPanera rewards or delete its
MyPanera account on the Panera app, Subscriber’s paid, free or discounted
Subscription will be immediately terminated, and the Beverage Subscription
Benefits will no longer be available to subscriber. Refunds will not be
available to paid Existing Paid Subscribers and Existing Free Trial Subscribers
and Existing Discounted Subscribers will no longer be eligible for promotions
available to new subscribers. If you have any questions regarding this
Subsection 7.4, before taking any of these actions on your MyPanera account or
rewards, contact Panera Customer Service at 1-855-3-PANERA.

8. Current Information Required. YOU MUST PROMPTLY NOTIFY PANERA IF YOUR PAYMENT
METHOD IS CANCELLED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A
POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR
ACCOUNT, USERNAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE TO YOUR
MYPANERA ACCOUNT SETTINGS IF YOU FAIL TO NOTIFY PANERA OF ANY OF THE FOREGOING,
YOU AGREE THAT PANERA MAY CONTINUE CHARGING YOU FOR YOUR SUBSCRIPTION, UNLESS WE
HAVE EVIDENCE THAT YOU HAVE TERMINATED YOUR SUBSCRIPTION.

9. Mandatory Binding individual Arbitration. ARBITRATION AGREEMENT & WAIVER OF
CERTAIN RIGHTS. Except as set forth below, you and we agree that we will resolve
all existing and future disputes between us (including any disputes between you
and a third-party agent of ours, and any disputes that arose prior to your
acceptance of this Agreement) through binding and final arbitration instead of
through court proceedings. You and we hereby waive any right to a jury trial of
any Claim (defined below). All controversies, claims, counterclaims, or other
disputes arising between you and us or you and a third-party agent of ours (each
a “Claim”) shall be submitted for binding arbitration in accordance with the
Consumer Rules of the American Arbitration Association (“AAA Rules”). The
arbitration will be heard and determined by a single arbitrator. The
arbitrator's decision in any such arbitration will be final and binding upon the
parties and may be enforced in any court of competent jurisdiction. You and we
agree that the arbitration proceedings will be kept confidential and that the
existence of the proceeding and any element of it (including, without
limitation, any pleadings, briefs or other documents submitted or exchanged and
any testimony or other oral submissions and awards) will not be disclosed beyond
the arbitration proceedings, except as may lawfully be required in judicial
proceedings relating to the arbitration, by applicable disclosure rules and
regulations of securities regulatory authorities or other governmental agencies,
or as specifically permitted by state law. The Federal Arbitration Act and
federal arbitration law apply to this agreement. However, the Arbitrator, and
not any federal, state, or local court or agency, shall have the exclusive
authority to resolve any dispute relating to the interpretation, applicability,
enforceability, scope or formation of this Agreement including, but not limited
to, a claim that all or any part of this Agreement is void or voidable.

If you demonstrate that the costs of arbitration will be prohibitive as compared
to the costs of litigation, we will pay as much of the administrative costs and
arbitrator's fees required for the arbitration as the arbitrator deems necessary
to prevent the cost of the arbitration from being prohibitive. In the final
award, the arbitrator may apportion the costs of arbitration and the
compensation of the arbitrator among the parties in such amounts as the
arbitrator deems appropriate.

This arbitration agreement does not preclude either party from seeking action by
federal, state, or local government agencies. You and we also have the right to
bring qualifying claims in small claims court. In addition, you and we retain
the right to apply to any court of competent jurisdiction for provisional
relief, including pre-arbitral attachments or preliminary injunctions, and any
such request shall not be deemed incompatible with this Agreement, nor a waiver
of the right to have disputes submitted to arbitration as provided herein.

Neither you nor we may act as a class representative or private attorney
general, nor participate as a member of a class of claimants, with respect to
any Claim. Claims may not be arbitrated on a class or representative basis. The
arbitrator can decide only your and/or our individual Claims. The arbitrator may
not consolidate or join the claims of other persons or parties who may be
similarly situated. The arbitrator may award in the arbitration the same damages
or other relief available under applicable law subject to any applicable
limitation of liability, including injunctive and declaratory relief, as if the
action were brought in court on an individual basis. Notwithstanding anything to
the contrary in the foregoing or herein, the arbitrator may not issue a “public
injunction” and any such “public injunction” may be awarded only by a federal or
state court, which that party shall be permitted to pursue in the appropriate
court. If either party seeks a “public injunction,” all other claims and prayers
for relief must be adjudicated in arbitration first and any prayer or claim for
a “public injunction” in federal or state court stayed until the arbitration is
completed, after which the federal or state court can adjudicate the party’s
claim or prayer for “public injunctive relief.” Including a claim for “public
injunctive relief” in any complaint shall not deprive the arbitrator of any
right to hear and adjudicate all other claims in arbitration. In doing so, the
federal or state court is bound under principles of claim or issue preclusion by
the decision of the arbitrator.

If any provision of this Section is found to be invalid or unenforceable, then
that specific provision shall be of no force and effect and shall be severed,
but the remainder of this Section shall continue in full force and effect. No
waiver of any provision of this Section of this Agreement will be effective or
enforceable unless recorded in a writing signed by the party waiving such a
right or requirement. Such a waiver shall not waive or affect any other portion
of this Agreement. This Section of the Agreement will survive the termination of
your relationship with us.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT
ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS
OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN
AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS
THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

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23.45.102.30 Public Scan

Form analysis
0 forms found in the DOM