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the arbitration, each party shall bear his, her or its own attorneys' fees and
expenses, including any witness and expert witness fees. The arbitrator shall
apply applicable substantive law consistent with the FAA, shall apply statutes of
limitation, and shall honor claims of privilege recognized at law. The arbitrator
shall decide, with or without a hearing, any motion that is substantially similar
to a motion to dismiss for failure to state a claim or a motion for summary
judgment. In conducting the arbitration proceeding, the arbitrator shall not
apply any federal or state rules of civil procedure or evidence. The arbitrator
shall not consolidate the claims of multiple parties unless you and Britax
agree to do so. At the timely request of any party, the arbitrator shall provide
a written explanation for the award. The arbitrator's award may be filed with
any court having jurisdiction.
THIS ARBITRATION AGREEMENT DOES NOT ALLOW CLASS OR COLLECTIVE
ARBITRATIONS EVEN IF THE AAA RULES OR PROCEDURES WOULD. IN OTHER
WORDS, YOU AND BRITAX EACH AGREE THAT ALL DISPUTES SHALL BE ARBITRATED
ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO PROCEED IN A CLASS,
CONSOLIDATED, OR REPRESENTATIVE FASHION. THE ARBITRATOR MAY AWARD
MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING
RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED
BY THAT PARTY'S INDIVIDUAL CLAIM. NO CLASS, REPRESENTATIVE OR PRIVATE
ATTORNEY GENERAL OR GENERAL INJUNCTIVE RELIEF THEORIES OF LIABILITY OR
PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION CONDUCTED
PURSUANT TO THIS ARBITRATION AGREEMENT.
If the foregoing class action waiver and prohibition against class arbitration
is determined to be invalid or unenforceable for any reason, then this
entire Arbitration Agreement shall be void. If any portion of this Arbitration
Agreement other than the class action waiver and prohibition against class
arbitration is deemed to be invalid or unenforceable for any reason, it shall
not invalidate the remaining portions of this Arbitration Agreement. If for
any reason a dispute proceeds in court rather than in arbitration, you and
Britax each waive any right to a jury trial.
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