Website & Mobile App Terms

Effective Date: January 1, 2024

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Welcome to Outpave!

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The following terms and conditions (the “Terms of Use”) govern all access and use of the outpave.com website (the “Site”) and any mobile applications or other applications offered by Outpave (collectively, “Apps”, and together with the Site, the “Platform”).  By accessing or using the Platform, or submitting any information through the Platform, you agree to be bound by these Terms of Use.  Outpave Inc., successors and assigns (“Outpave” or “we”) reserves the right, at its sole discretion, to modify or replace any of the Terms of Use and all other operating rules, policies and procedures applicable to you from time to time, which are incorporated herein by reference, by posting an updated version on the Site. You shall be responsible for reviewing and becoming familiar with any such modifications. If you don’t agree with the new Terms of Use, you are free to reject them; unfortunately, that means you will no longer be able to use the Platform or any programs or services offered through the Platform. Please review the Terms of Use periodically so that you will be apprised of any changes. Continued use of the Platform following the posting of any changes to the Terms of Use constitutes acceptance of those changes. Except for changes by us as described here, no other amendment or modification of these Terms of Use will be effective unless in writing and signed by both you and us. 

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“You” refers to the natural person visiting or interacting with our Platform. If you’re agreeing to these Terms of Use on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms of Use on that organization’s or entity’s behalf and bind them to these Terms of Use (in which case, the references to “you” and “your” in these Terms of Use also refer to that organization or entity). Any application for a Outpave account or use of products and services available to customers of Outpave is governed by the  and the applicable Program Terms (as defined in the Platform Agreement). If you are the natural person using a Outpave card or an administrator of a Outpave account, your use of a Outpave account and such Outpave services is subject to the .

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ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF CLAIMS DESCRIBED IN THE ARBITRATION AGREEMENT BELOW, YOU AGREE THAT CLAIMS BETWEEN YOU AND OUTPAVE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. THESE TERMS OF USE ALSO CONTAIN IMPORTANT DISCLAIMERS AND LIMITATIONS OF LIABILITY.

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If you have any questions, comments, or concerns regarding these Terms of Use, please contact us at legal Outpave Inc. : Legal, 5 Cowboys Way Frisco, TX 75034

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By using the Platform in any manner, you represent and warrant that you are an individual of legal age to form a binding contract. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, THEN DO NOT ACCESS OR USE THE PLATFORM.  BY ACCESSING OR USING THE PLATFORM OR ANY PROGRAMS OR SERVICES OFFERED ON THE PLATFORM, YOU AGREE TO BE BOUND BY AND HEREBY ACCEPT ALL OF THESE TERMS OF USE. 

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What about my privacy?

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At your election, you may request (and Outpave may provide) additional information about Outpave and the services we offer. When you do so, you may need to submit certain information or data to Outpave about you and the organization or entity you are affiliated with. We may also process information about you automatically when you visit or interact with our Platform. For more information, see Outpave’s current Privacy Policy available at outpave.com (the “Privacy Policy”), which is incorporated herein by reference. 

Outpave does not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13 years of age, please do not attempt to use the Site or send us any personal information. If we learned we have collected personal information from a child under 13 years of age, we will delete that information as quickly as possible. 

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Are there restrictions on how I can use the Platform?

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Except as expressly authorized by Outpave in writing, you will only use the Platform for your own purposes or on behalf of the organization or entity you are affiliated with and not on behalf of or for the benefit of any other third party,  and only in a manner that complies with all laws and regulations that apply to you. If your use of the Platform is prohibited by applicable laws, then you are not authorized to use or access the Platform. Outpave can’t and won’t be responsible for your use of the Platform in any way that breaks the law. 

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You shall not: (i) use the Platform or the programs or services offered on the Platform for any purpose that is unlawful; (ii) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (iii) interfere or attempt to interfere with the proper working of any services or activities conducted on the Platform; (iv) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Site or any App (or other accounts, computer systems or networks connected to the Site or any App); (v) run any form of auto-responder or “spam” on the Platform; (vi) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Platform; (vii) harvest or scrape any Content (as defined below); (viii) violate or infringe upon the rights of Outpave or any other third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; (ix) engage in harassing, abusive, profane, or abusive conduct; or (x) otherwise take any action in violation of our guidelines and policies.

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If at any time you are in violation of these Terms of Use, we may in our sole discretion and without advance notice choose to suspend or terminate your access to the Platform, your account with Outpave, if any, or both.

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You agree that all content and materials, including without limitation information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features (collectively, “Content”) generated, provided, or otherwise made accessible or available by Outpave on the Platform are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. All such Content is the proprietary property of Outpave with all rights reserved. Except as expressly authorized by Outpave in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit or create derivative works from such Content.  For clarity, the foregoing restrictions apply to third party trademarks, which may be used by us on the Platform under license. Unless otherwise noted, we are not affiliated with or endorsed by the owner of any third-party trademarks displayed.

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Subject to these Terms of Use, we grant each user of the Platform a limited, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Platform or receiving services. The Platform may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply. 

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By submitting information or content to or through the Platform, by email or over the phone, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use such information. Without limiting the generality of the foregoing, you acknowledge that Outpave may disclose and transfer any such information that you provide (i) to its affiliates, agents or service providers; (ii) to any other person or entity with your consent; or (iii) if we have a right or duty to disclose or are permitted or compelled to disclose such information by law.

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You, not Outpave, remain solely responsible for all information that you submit through the Platform or in connection with your use of any services offered on the Platform. By providing us with any information, you represent and warrant that you have all necessary right, consent and authority to provide us with such information. You understand and agree that we shall have the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms of Use, and shall have sole discretion regarding the course of action to take in connection therewith.

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Who is responsible for what I see and do on the Platform?

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THE PLATFORM AND ALL CONTENT ARE PROVIDED BY OUTPAVE ON AN “AS IS” AND “AS AVAILABLE” BASIS. OUTPAVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE PLATFORM. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, OUTPAVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE. OUTPAVE AND ITS AFFILIATES, LICENSORS AND THIRD PARTY SERVICE PROVIDERS AND PARTNERS (INCLUDING PAYMENT CARD NETWORKS, ISSUING BANKS AND PAYMENT PROCESSORS) DO NOT WARRANT THAT: (1) THE CONTENT IS TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT; (2) SERVICES OFFERED ON THE PLATFORM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (3) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (4) THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (5) THE RESULTS OF USING SERVICES OFFERED ON THE PLATFORM WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE PLATFORM AND ANY SUCH SERVICES IS SOLELY AT YOUR OWN RISK.

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Although Outpave has attempted to provide accurate information on the Platform, Outpave assumes no responsibility for the accuracy or completeness of the information. Outpave may change the services or offerings mentioned on the Platform at any time without notice, but Outpave makes no commitment to update the services or offerings mentioned on the Platform in any respect. We reserve the right to remove any Content from the Platform at any time, for any reason in our sole discretion, and without notice.

Any mention of non-Outpave products or services on the Platform is for information purposes only and constitutes neither an endorsement nor a recommendation unless otherwise stipulated by Outpave. The Platform may contain links or connections to third-party websites or services that are not owned or controlled by Outpave. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Outpave is not responsible for such risks. Outpave has no control over, and assumes no responsibility for, the content, accuracy, availability, reliability, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Platform. In addition, Outpave will not and cannot monitor, verify, censor or edit the content of any third-party site or service and is not liable for any damage or loss caused by or in connection with use of or reliance on any such third-party website. The inclusion of any third-party websites or services does not imply endorsement by Outpave or any association with their operators. We encourage you to be aware when you leave the Platform and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Platform, you acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any third party websites or third party services and you release and hold us harmless from any and all liability arising from your use of any such third-party website or service.  

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You agree to defend, indemnify, and hold harmless Outpave, our affiliates, payment card networks and payment processors, and each of our and their respective employees, contractors, directors, and agents from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Platform or any Content, violation of these Terms of Use, or infringement of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

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IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, THIRD PARTY SERVICE PROVIDERS AND PARTNERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, WITH RESPECT TO YOUR USE OF OR INABILITY TO USE THE PLATFORM OR THE ANY SERVICES OFFERED ON THE PLATFORM OR YOUR RELIANCE ON THE INFORMATION PRESENTED IN THE PLATFORM (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), EVEN IF WE MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $50.00.

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What else do I need to know?

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To sign up for a Outpave card or take advantage of many of the services we offer, you must apply for a Outpave account.

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By submitting information to us, including on or through the Platform, you are expressly consenting to be contacted by us, including by telephone, email, postal mail or any other reasonable method. By providing us with your wireless phone number, you confirm that you want Outpave to send you information we think may be of interest to you, which may include Outpave using automated dialing and texting technology and/or an artificial or prerecorded voice to call or text you at the wireless number you provided. You further understand that, when you receive a telephone call, text message or email, you may incur a charge from the company that provides you with telecommunications, wireless and/or internet services, and you agree that Outpave will have no liability for such charges except to the extent required by applicable law.

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To stop text messages, you can also simply reply “STOP” to any text message Outpave sends you. To stop emails, you can follow the opt-out instructions included at the bottom of the emails Outpave sends you; if you receive an email that does not include these instructions, it is a transactional or relationship message and you may not be able to opt out of receiving it in the future. If you are the natural person using a Outpave card or an administrator of a Outpave account, see the  for additional information and instructions about opting out.

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Outpave may immediately terminate or suspend your access to the Platform or Service without prior notice or liability if you violate the Terms of Use or for any other reason at Outpave's sole discretion. All sections of these Terms of Use that naturally should outlast termination will continue after termination, including, but not limited to, ownership clauses, warranty disclaimers, indemnification, limitations of liability, and the dispute resolution and arbitration provisions. The failure of either party to enforce any right provided here will not be considered a waiver of any further rights under this agreement. Except as specified in the "Survival and Severability" section of the Arbitration Agreement (as defined below), if any part of the Terms of Use is deemed unenforceable or invalid, such provision will be adjusted or nullified to the minimal extent necessary, ensuring that the Terms of Use remain in full force and effect and enforceable. You may not assign, transfer, or sublicense these Terms of Use without the express written consent of Outpave. However, we may assign, transfer, or delegate any of our rights and obligations without your consent.

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These Terms of Use shall be governed by and interpreted in accordance with the laws of the state of Texas, disregarding any conflict of law principles, as though they were agreed upon within Texas by two residents thereof. In accordance with the genuine, good faith binding arbitration requirements outlined in the "Arbitration Agreement" (as defined below), the parties agree to submit exclusively to the jurisdiction and venue of the state and federal courts located in Travis County, Texas. Both parties acknowledge that the Terms of Use represent the complete and exclusive understanding between them, superseding all prior agreements, communications, and understandings related to the subject matter, and that any amendments must be in a writing signed by both parties, unless otherwise stated herein. No agency, partnership, joint venture, or employment relationship is established by the Terms of Use, and you have no authority to bind Outpave in any respect whatsoever. The section titles in these Terms of Use are solely for convenience and shall not influence their interpretation. Terms such as “including,” “for example,” or “such as” in these Terms of Use should be interpreted to include “without limitation” where applicable.

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ARBITRATION AGREEMENT AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW THIS SECTION CAREFULLY (THE “ARBITRATION AGREEMENT”) AS THIS AFFECTS YOUR LEGAL RIGHTS. IT REQUIRES ALL CLAIMS BETWEEN YOU AND US TO BE RESOLVED BY BINDING ARBITRATION WHENEVER YOU OR WE CHOOSE TO SUBMIT A CLAIM TO ARBITRATION. BY ACCEPTING THIS ARBITRATION AGREEMENT, YOU WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO A SMALL CLAIMS COURT) AND TO BRING OR PARTICIPATE IN ANY CLASS OR OTHER REPRESENTATIVE ACTION. 

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Agreement to Arbitrate.  Before filing a Claim (as defined below) against Outpave, you agree to try to resolve the Claim informally by sending notice to Outpave at  of the actual or potential Claim. Similarly, Outpave will, if reasonably possible, provide notice to you of any actual or potential Claim to endeavor to resolve any Claim we may possess informally before taking any formal action. Each party agrees to engage in good faith

discussions in an effort to resolve the Claim informally. If, notwithstanding such good faith efforts, the actual or potential Claim is not resolved, either you or we may elect, without the consent of the other, to arbitrate any Claim (as defined below) through the binding arbitration process set forth in this Arbitration Agreement.  

Claims Covered by Arbitration.  “Claims” subject to this Arbitration Agreement include all of the following: (1) disputes, claims or controversies arising out of or related to these Terms of Use or any later versions of or changes or modifications to the foregoing; (2) claims arising out of or related to any aspect of any relationship between you and Outpave that is governed by these Terms of Use; (3) claims arising out of or related to your use of the Platform and any offers, promotions and Content available on the Platform; and (4) claims related to the interpretation, scope, applicability, or enforceability of these Terms of Use including this Arbitration Agreement (except, in each case, for certain claims described in “Claims Not Covered by Arbitration” below).  Claims are subject to arbitration whether they are based in contract, tort, federal or state statute, constitution, regulation, or any other legal theory, or whether they seek legal or equitable remedies. All Claims are subject to arbitration whether they arose in the past, may currently exist, or may arise in the future. 

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Any disputes, claims or controversies arising out of or related to your relationship with any third-party service provider or partner of Outpave shall be subject to the terms governing the resolution of disputes and any agreement to arbitrate of such third party.

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Claims Not Covered by Arbitration.  Claims filed by you or by us in a small claims court are not subject to arbitration, so long as the dispute remains in such court and advances only an individual claim for relief. Claims principally arising from the protection of intellectual property rights or breach of confidentiality obligations are not subject to arbitration. The “Class and Representative Action Waiver” and “Public Injunctive Relief Waiver” sections below set forth additional claims not subject to arbitration. Further, this Arbitration Agreement shall not apply to covered borrowers as defined in the Military Lending Act, 10 U.S.C. § 987.

Commencing an Arbitration.  The party initiating arbitration must choose one of the following to administer the arbitration (“arbitration administrator”):

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The American Arbitration Association (“AAA”) under AAA’s Consumer Arbitration Rules, except as modified by this Arbitration Agreement. AAA’s rules may be obtained from www.adr.org or 1-800-778-7879 (toll-free).

JAMS under the JAMS Streamlined Arbitration Rules & Procedures, including JAMS’ Consumer Minimum Standards, except as modified by this Arbitration Agreement. JAMS’ rules may be obtained from www.jamsadr.com or 1-800-352-5267 (toll free).  In the event the party initiating arbitration selects JAMS and JAMS determines that the Streamlined Arbitration Rules & Procedures do not apply, the parties agree to abide by the rules JAMS chooses to apply to the dispute.

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If both AAA and JAMS are for any reason unable to serve, then the parties may agree to a comparable arbitration administrator. If the parties are unable to agree, then a court of competent jurisdiction shall appoint an arbitration administrator.  

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Either you or we may start an arbitration by giving written notice to the other party. This notice may be given before or after a lawsuit has been filed concerning the Claim and it may be given by papers filed in the lawsuit such as a motion to compel arbitration. The party asking for arbitration must file a notice with the arbitration administrator pursuant to its rules.

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Arbitration Procedure. Unless you and we agree otherwise in writing, the arbitration shall be decided by a single, neutral arbitrator, who shall be a retired judge or a lawyer with at least ten years’ experience, selected in accordance with the chosen arbitration administrator’s rules.

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The arbitrator will decide the dispute in accordance with the terms of this Agreement and applicable substantive law, including the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), and applicable statutes of limitation. The arbitrator shall honor claims of privilege recognized at law. 

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The arbitrator will take reasonable steps to protect customer account information and other proprietary or confidential information.

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Any arbitration hearing shall take place in Frisco, Texas unless the parties agree in writing to a different location or the arbitrator so orders.

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At your or our request, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s award shall be final and binding except that any party may appeal any award relating to a Claim for more than $100,000 or for injunctive relief to a three-arbitrator panel appointed by the arbitration administrator, which will reconsider de novo any aspect of the appealed award. The panel’s decision will be final and binding. In either event, you or we may seek to have the award vacated or confirmed and entered as a judgment in any court having jurisdiction.  The substantive law of the FAA shall govern any petition or motion to confirm or vacate the arbitrator’s award.

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Available Relief.  Except as provided in the “Public Injunctive Relief Requests” section below, the arbitrator may award damages or other relief (including injunctive relief) available to the individual claimant under applicable law.

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Arbitration Costs. If permitted by the rules of the selected arbitration administrator, you agree to pay any initial filing fee charged to you by the arbitration administrator for any arbitration you commence.  We will pay all other fees charged by the arbitration administrator or arbitrator, including any filing, administration, and/or arbitrator fees. We will pay the entire initial filing fee if: (1) you reasonably claim to be unable to afford it; and (2) you seek but cannot obtain a waiver of that fee from the arbitration administrator. To the extent allowed by applicable law and our agreements, the arbitrator may award arbitration costs and attorneys’ fees to the prevailing party.

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Jury Waiver and Limitation of Rights. You and we agree that, by entering into this Arbitration Agreement, the parties are each waiving the right to a trial by jury or a trial before a judge in court (except for matters that may be taken to a small claims court).  You and we acknowledge that arbitration will limit our legal rights, including the right to participate in a class action, the right to a jury trial, the right to conduct full discovery, and the right to appeal. 

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Class and Representative Action Waiver.  YOU AND WE AGREE THAT EACH PARTY TO THIS ARBITRATION AGREEMENT MAY BRING CLAIMS AGAINST THE OTHER ONLY IN OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  The arbitrator shall have no authority to conduct any class, private attorney general or other representative proceeding.  This paragraph does not apply to requests for public injunctive relief, which are addressed in the paragraph below entitled “Public Injunctive Relief Requests.”

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Public Injunctive Relief Requests.  If you or we seek public injunctive relief as a remedy for any Claim against one another (a “Public Injunctive Relief Request,”) you and we agree that Public Injunctive Relief Request cannot be arbitrated.  Instead, that Public Injunctive Relief Request shall be adjudicated by a court after all other Claims to be decided in arbitration under this Arbitration Agreement are resolved in arbitration.  You and we agree to jointly request that the court stay the Public Injunctive Relief request until after the remaining Claims have been finally resolved in arbitration, and that the parties will only seek to lift the stay and request that the court resolve the Public Injunctive Relief Request if an arbitrator finds that one of them is liable for a Claim for which public injunctive relief is an available remedy.  The validity, enforceability, and effect of this section shall be determined exclusively by a court, and not by any arbitration administrator or arbitrator.

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Governing Law.  You and we agree that you and we are participating in transactions that involve interstate commerce and that this Arbitration Agreement and any resulting arbitration are governed by the FAA. To the extent state law applies, the laws of the state of Texas shall apply.

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Survival and Severability.  This agreement to arbitrate shall survive the termination or expiration of these Terms of Use. Notwithstanding any section in the Arbitration Agreement or these Terms of Use to the contrary, if any section of this Arbitration Agreement (except for the “Class and Representative Action Waiver” above) is deemed invalid or unenforceable for any reason, it shall not invalidate the remaining portions of this Arbitration Agreement. However, if the “Class and Representative Action Waiver” section is deemed invalid or unenforceable in whole or in part, then this entire Arbitration Agreement shall be deemed invalid and unenforceable.

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Changes.  Notwithstanding anything to the contrary in these Terms of Use, the following terms shall apply to amendment of this Arbitration Agreement.  You and we agree that we have the right to amend this Arbitration Agreement, and that if we make any amendment to this Arbitration Agreement, that amendment shall be effective upon our posting updated versions to our Site, provided, that any change shall not apply to Claims against us that accrued prior to the effective date of the amendment. 

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