(a)
BAT and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
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claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory
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claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
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claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
References to "BAT," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users of the products and/or services purchased under this or prior Agreements between us. You agree that, by entering into this Agreement, you and BAT are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive any termination of this Agreement.
(b)
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (the "Notice"). The Notice to BAT should be addressed to:
- describe the nature and basis of the claim or dispute; and
- set forth the specific relief sought (the "Demand").
If BAT and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or BAT may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by BAT or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or BAT is entitled.
(c)
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA.
The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. (You may obtain information that is designed for non-lawyers about the arbitration process at att.com/arbitration-information.) The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide.
(d)
Unless BAT and you agree otherwise, any arbitration hearings will take place in Collin County, Texas. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. The payment of all such fees will be governed by the AAA Rules.
(e)
The arbitrator may award declaratory 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
CLASS ACTIONS
YOU AND BAT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, unless both you and BAT agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
GOVERNING LAW
THIS AGREEMENT IS GOVERNED BY AND WILL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, EXCLUDING ANY CONFLICT OF LAWS RULE OR PRINCIPLE THAT MIGHT REFER THE GOVERNANCE OR THE CONSTRUCTION OF THIS AGREEMENT TO THE LAW OF ANOTHER JURISDICTION.
SEVERABILITY
If any portion of this Agreement is held to be invalid or unenforceable for any reason, it is agreed that this invalidity or unenforceability will not affect the other portions of this Agreement, and that the remaining covenants, terms, and conditions or portions thereof will remain in full force and any court of competent jurisdiction or arbitrator may so modify the objectionable provision as to make it valid, reasonable, and enforceable.
EXPENSES OF ARBITRATION
In any arbitration or any other action at law or in equity to enforce any of the provisions or rights under this Agreement, the unsuccessful party, as determined by the arbitrator or court in a final judgment or decree, will pay to the successful party or parties all costs, expenses and reasonable attorneys’ fees incurred therein by such party or parties, including such costs, expenses and fees as may be incurred on any appeal; and if such successful party or parties will recover judgment in any such action or proceeding, costs, expenses and attorneys’ fees will be included as a part of such judgment.
ASSIGNMENT
Neither this Agreement nor any right created hereby will be assignable by any party without the written consent of all other parties hereto. Nothing in this Agreement, express or implied, is intended to confer upon any person, other than the parties hereto and their successors, any rights or remedies under or by reason of this Agreement.
