The arbitration will be conducted confidentially by a single arbitrator and
administered by the American Arbitration Association ("AAA") under its Consumer
Arbitration Rules most recently in effect to the extent such rules and procedures
do not contradict the express terms of this Arbitration Agreement. To learn more
about the rules and how to begin an arbitration, you may call any AAA office or go
to www.adr.org. If you demand arbitration, then at your request Romer will advance
your portion of the expenses associated with the arbitration, including the filing,
administrative, hearing and arbitrator's fees ("Arbitration Fees") to the extent such
Arbitration Fees exceed $200. If Romer demands arbitration, then at your request
Romer will advance your portion of the Arbitration Fees. For claims of $10,000 or
less, you can choose whether you would like the arbitration carried out based only
on documents submitted to the arbitrator or by a hearing in person or by telephone.
The arbitration hearing will be conducted in the county of your residence, within
30 miles of such county, or in such place as shall be ordered by the arbitrator.
Throughout 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 Romer agree to do so. At the timely
request of any party, the arbitrator shall provide a written explanation for the award.
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