18. Disputes; Mandatory Arbitration.
Except for cases involving claims for injunctive relief, you and CFG agree that all controversies, claims, counterclaims, or other disputes arising between you and CFG relating to these Terms and Conditions or arising out of your access to or use of any of the Site, including any products or services furnished through the Site, (each a “Claim”) will be resolved through binding and final arbitration instead of through court proceedings. This agreement to arbitrate means that you and CFG each waive your respective rights to a jury trial. Any and all Claims must be submitted for binding arbitration in accordance with the JAMS Streamlined Arbitration Rules & Procedures that are in effect at the time arbitration is initiated (“JAMS Rules”). If you decide to initiate arbitration, you agree to pay an arbitration initiation fee of $250 (unless the fee is waived as discussed below), and CFG will pay the remainder of the arbitration initiation fee and all other costs of the arbitration proceeding, including the arbitrator’s fees. Notwithstanding the venue selected in Section 17, the arbitration will be held at a location where you reside unless you and CFG both agree to another location or telephonic arbitration.
For information on filing your Demand for Arbitration, you may contact JAMS toll free at (800) 352-5267. To start an arbitration, you must do all of the following:
(1) Write a demand for arbitration (your “Demand for Arbitration”). Your Demand for Arbitration must include a description of the Claim and the amount of damages sought to be recovered, and you must attach a copy of all of these Terms and Conditions (including this arbitration provision). You can find a form of a demand for arbitration on the JAMS rules page at http://www.jamsadr.com/rules-download/.
(2) Send one (1) copy of your Demand for Arbitration to CFG at: 2301 Rosecrans Avenue, Suite 5100, El Segundo, CA 90245, Attn: Deputy General Counsel - Litigation.
(3) Send two (2) copies of your Demand for Arbitration (with a copy of these Terms and Conditions attached) and proof of service of your Demand for Arbitration on CFG at the address noted in subsection (2) above (for example, a copy of a certified mail return receipt requested or a sworn statement of service by a non-party over eighteen (18) years of age) to the JAMS Resolution Center of your choice (JAMS Resolution Centers are listed at http://www.jamsadr.com/locations/).
(4) Pay JAMS a two hundred and fifty dollar ($250.00) arbitration initiation fee, unless you are entitled to a waiver of the fee under California Code of Civil Procedure Section 1284.3 or other applicable law.
In the event CFG elects to start an arbitration with you, CFG must write a Demand for Arbitration and send two (2) copies of it to JAMS and serve one (1) copy of CFG’s Demand for Arbitration to you at the contact information that we have on file for you. CFG will pay all costs of the arbitration proceeding, including the arbitrator’s fees, for any arbitration that CFG commences.
The arbitration will be heard and determined by a single, neutral arbitrator selected in accordance with JAMS Rules. The arbitrator will render an award in accordance with JAMS Rules. Any award may be challenged if the arbitrator awards any relief that could not be awarded under the laws of the state in which the arbitration is held or in which the award is to be enforced. Except for the foregoing, the arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any federal or state court that has jurisdiction. You and CFG agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
The terms of this Section do not preclude you or CFG from seeking action by federal, state, or local government agencies. You and CFG also have the right to bring qualifying Claims in small claims court. In addition, you and CFG retain the right to apply to any court of competent jurisdiction for public injunctive relief and/or provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request will not be deemed incompatible with these Terms and Conditions, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms and Conditions.
Neither you nor CFG may act as a class representative, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or CFG’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. Accordingly, you and CFG agree that the JAMS Class Action Procedures do not apply to CFG’s arbitration. This arbitration provision and the procedures applicable to the arbitration contemplated by this provision are governed by the Federal Arbitration Act, notwithstanding any state law that may be applicable.
A court may sever any portion of this Section that it finds to be unenforceable, except for the prohibitions on any Claim being handled on a class or representative basis. No waiver of any provision of this Section will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver will not waive or affect any other portion of these Terms and Conditions. This Section will survive the termination of your relationship with CFG and any termination of your access to and/or use of all or any part of any of the Site.
Important: This Section limits certain rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in the JAMS Rules, and the right to certain remedies and forms of relief. Other rights that you or CFG would have in court also may not be available in arbitration.