13. Dispute Resolution by Binding Arbitration
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND
BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION. YOU CONTINUE
TO HAVE CERTAIN RIGHTS TO OBTAIN RELIEF FROM A FEDERAL OR STATE REGULATORY AGENCY. THIS SECTION DOES NOT APPLY TO RESIDENTS OF
CALIFORNIA.
a. Binding Arbitration
The arbitration process established by this section is governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. ยงยง 1.16.
All disputes arising out of or related to this Agreement (whether based in contract, tort, statute, fraud, misrepresentation
or any other legal or equitable theory) must be resolved by final and binding arbitration. This includes any dispute based on
any product, service or advertising having a connection with this Agreement and any dispute not finally resolved by a small
claims court. The arbitration will be conducted by one arbitrator using the procedures described by this Section. If any portion
of this Dispute Resolution Section is determined to be unenforceable, then the remainder shall be given full force and effect.
The arbitration of any dispute shall be conducted in accordance with the American Arbitration Association's ("AAA") Supplementary
Procedures for Consumer-Related Disputes, as modified by this Agreement, which are in effect on the date a dispute is submitted
to the AAA. You have the right to be represented by counsel in an arbitration. In conducting the arbitration and making any
award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise
modify its terms.
NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A
CLASS-WIDE BASIS. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THIS AGREEMENT AND MAY NOT AWARD PUNITIVE DAMAGES OR
ATTORNEYS' FEES UNLESS SUCH DAMAGES OR FEES ARE EXPRESSLY AUTHORIZED BY A STATUTE. YOU AND Wavecom Solutions BOTH WAIVE ANY CLAIMS FOR AN
AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT.
b. Arbitration Information and Filing Procedures
Before you take a dispute to arbitration or to small claims court, you must first contact our customer account representatives
at the customer service number on your Wavecom Solutions bill for the Services, or write to us at Hawaii Online, 1132 Bishop St., Ste. 800,
Honolulu, Hawaii 96813, and give us an opportunity to resolve the dispute. Similarly, before Wavecom Solutions takes a dispute to arbitration,
we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty days from
the date you or Wavecom Solutions is notified by the other of a dispute, either party may then contact the AAA in writing at AAA Service Center,
134555 Noel Road, Suite 1750, Dallas, Texas 75240-6620 and request arbitration of the dispute. Information about the arbitration
process and the AAA's Arbitration Rules and its fees are available from the AAA on the Internet at http://www.adr.org/, or by
contacting us at Hawaii OnLine, 1132 Bishop St., Ste. 800, Honolulu, Hawaii 96813. The arbitration will be based only on the
written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests
that the arbitration be conducted using the AAA's telephonic, online, or in-person procedures (additional charges may apply for
these procedures). Any in-person arbitration will be conducted at a location that the AAA selects in the state of your primary
residence. Arbitrations under this Agreement shall be confidential as permitted by federal law. By notifying Wavecom Solutions within twenty
days after commencing an arbitration proceeding, you may elect to relieve both parties to the arbitration of confidentiality
obligations.
c. Fees and Expenses of Arbitration
You must pay the applicable AAA filing fee when you submit your written request for arbitration to the AAA. The AAA's filing fee
and administrative expenses for a document arbitration will be allocated according to the AAA's Rules. You also may ask the AAA
about the availability of a pro bono arbitrator and/or a waiver or deferment of fees and expenses from the AAA; more information
about the AAA's rules and policies is available at the AAA's web site, which is www.adr.org. Unless applicable substantive law
provides otherwise, each party will pay its own expenses to participate in the arbitration, including reasonable attorneys' fees
and expenses for witnesses, document production and presentation of evidence.
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