User's Guide
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demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation,
we will pay as much of your ling and hearing fees in connection with the arbitration as the
arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared
to the cost of litigation, (e) we also reserve the right in our sole and exclusive discretion to
assume responsibility for all of the costs of the arbitration; (f ) the arbitrator shall honor claims
of privilege and privacy recognized at law; and (g) a decision by the arbitrator (including any
nding of fact and/or conclusion of law) against either you or us shall be condential unless
otherwise required to be disclosed by law or by any administrative body and may not be collat-
erally used against either of them in existing or subsequent litigation or arbitration involving
any other person/customer.
With the exception of subparts (b) and (c) in the paragraph above (prohibiting arbitration on
a class or collective basis), if any part of this arbitration provision is deemed to be invalid, un-
enforceable or illegal, or otherwise conicts with the Rules and Procedures, then the balance
of this arbitration provision shall remain in effect and shall be construed in accordance with
its terms as if the invalid, unenforceable, illegal or conicting provision were not contained
in these terms of conditions of use. If, however, either subpart (b) or (c) is found to be invalid,
unenforceable or illegal, then the entirety of this arbitration provision shall be null and void,
and neither your or we shall be entitled to arbitration.
In the event this agreement to arbitrate is held unenforceable, or in the event AAA refuses to
arbitrate the dispute, all controversies, disputes, demands, counts, claims, or causes of action
between you and us shall be exclusively brought in the state or federal courts located in San
Diego County, California. Further, in the event either you or we bring an action in a court seek-
ing provisional interim equitable relief pending resolution of an arbitration, such provisional
interim relief must be exclusively sought in the state or federal courts located in San Diego
County, California.
For more information on AAA, its Rules and Procedures, and how to le an arbitration claim,
you may call AAA at 800-778-7879, write the AAA at 1633 Broadway, 10th Floor, New York,
New York 10019, or visit the AAA website at http://www.adr.org.
Governing Law
To the fullest extent permitted by law, and except as explicitly provided otherwise, this agree-
ment and any disputes arising out of or relating to it will be governed by the laws of the state of
Delaware, in accordance with the Federal Arbitration Act, without regard to its conict of law
principles, and by any applicable tariffs, wherever led.
Our Relationship With You
This agreement does not create any duciary relationships between you and us. It doesn’t
create any relationship of principal and agent, partnership, or employer and employee, either.
We Can Assign This Agreement
We can assign this agreement or your obligations to pay under it in whole or in part to anyone
we choose. You cannot assign this agreement or your obligations to anyone else without our
prior written consent.
This Is The Entire Agreement
This agreement is the entire agreement between you and us. It supersedes all other agree-
ments or representations, oral or written, between us, past or present, and may not be amend-
ed except in a writing signed by 5Star. If any part of this agreement is considered invalid, the
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