Product Information

21Version 01. SMACGI-D05-A1
Unless the Company and you agree otherwise, any arbitration hearings will take place in
a reasonably convenient location for both parties with due consideration of their ability to
travel and other pertinent circumstances. If the parties are unable to agree on a location,
the determination shall be made by AAA. If your claim is for $10,000 or less, the Company
agrees 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. Regardless of the manner in which the
arbitration is conducted, the arbitrator shall issue a reasoned written decision sufcient to
explain the essential ndings and conclusions on which the award is based.
E. Costs of Arbitration
Payment of all ling, administration, and arbitrator fees (collectively, the “Arbitration Fees”)
will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement.
If the value of the relief sought is $75,000 or less, at your request, the Company will pay
all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to
demonstrate to the arbitrator that you are economically unable to pay your portion of the
Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not
be required to pay your portion of the Arbitration Fees, the Company will pay your portion
of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration
will be prohibitive as compared to the costs of litigation, the Company will pay as much of
the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being
cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
F. Condentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator,
will be strictly condential for the benet of all parties.
G. Severability
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement
(other than the subsection (b) titled “Prohibition of Class and Representative Actions and
Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace
such term or provision with a term or provision that is valid and enforceable and that comes
closest to expressing the intention of the invalid or unenforceable term or provision, and
this Arbitration Agreement shall be enforceable as so modied. If a court or the arbitrator
decides that any of the provisions of subsection (b) above titled “Prohibition of Class and
Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the
entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of
Service will continue to apply.
H. Future Changes to Arbitration Agreement
Notwithstanding any provision in this Terms of Service to the contrary, the Company agrees
that if it makes any future change to this Arbitration Agreement (other than a change to the
Notice Address) while you are a user of the Services, you may reject any such change by
sending the Company written notice within thirty (30) calendar days of the change to the
Notice Address provided above. By rejecting any future change, you are agreeing that you
will arbitrate any dispute between us in accordance with the language of this Arbitration
Agreement as of the date you rst accepted these Terms of Service (or accepted any
subsequent changes to these Terms of Service).
Termination
The Service is designed to auto-renew monthly. You can cancel your service at any time by
sending an email to [e-mail]. Subscriptions must be cancelled 5 business
days prior to your next billing date, or you will be charged for the following month’s service.
There is no cancellation fee for cancelling your service. However, refunds are not offered for