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User Guide
81
IN COURT, WAIVER SMALL CLAIMS COURT, OR ARBITRATION, YOU AND WE MAY ONLY
BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS
REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION. IF A
COURT OR ARBITRATOR DETERMINES IN A CLAIM BETWEEN YOU AND US THAT YOUR
WAIVER OF ANY ABILITY TO PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS IS
UNENFORCEABLE UNDER APPLICABLE LAW, THE ARBITRATION AGREEMENT WILL NOT
APPLY, AND YOU AND WE AGREE THAT SUCH CLAIMS WILL BE RESOLVED BY A COURT OF
APPROPRIATE JURISDICTION, OTHER THAN A SMALL CLAIMS COURT. JURY TRIAL WAIVER,
WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND WE WAIVE ANY RIGHT
TO JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN YOU AND US.
16. About You
You represent that you’re at least 18 years old and have the legal capacity to accept this
agreement. If you are ordering for a friend or a member of your family, you are bound by the
terms of this agreement, unless and until, your friend or family member has agreed to the terms
of this agreement. If you’re ordering for a company, you’re representing that you are authorized
to bind the company to the terms of this agreement, where the context “you” means the
company.
17. About This Agreement
If either of us waives or doesn’t enforce a requirement under this agreement in an instance,
we don’t waive our right to later enforce that requirement. You can’t assign this agreement
or any of your rights or duties under it. We may assign all or part of this agreement or your
debts to us without notice, and you agree to make all subsequent payments as instructed.
Notices are considered delivered when we send them by email or fax to any email or fax
number you’ve provided to us, or three days after mailing to the most current billing address
wehaveonleforyou,ifbyus,ortotheCustomerServiceaddressonyourmostrecent
bill. If any part of this agreement, including any part of its arbitration provisions, is held
invalid, that part may be severed from this agreement. This agreement and the documents
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