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a. Binding Arbitration

In the event of any dispute, claim, or controversy arising out of or relating to statutory or common law claims, the breach, termination, enforcement, interpretation, or validity of any provision of these Terms of Use, and the determination of the scope or applicability of your agreement to arbitrate such disputes, claims, or controversies, excluding any dispute primarily related to either party's intellectual property (which will be resolved in litigation before a United States District Court in the State of Wyoming), the matter will be determined by binding arbitration conducted in Cheyenne, Wyoming, before a single arbitrator. Arbitration will be administered by the

American Arbitration Association (AAA)

under its Commercial Arbitration Rules. The AAA’s Expedited Procedures will apply for claims where neither party's disclosed claim or counterclaim exceeds $75,000 (exclusive of interest, attorneys' fees, arbitration fees, and costs). For claims not exceeding $25,000 (exclusive of interest, attorneys' fees, arbitration fees, and costs), and in other cases where the parties agree, Section E-6 of the Expedited Procedures of the AAA’s Commercial Arbitration Rules will apply.

The arbitrator will apply the substantive law of the State of Wyoming, excluding its conflict or choice of law rules. If the AAA is no longer operational or declines to administer the arbitration, either party may petition a court in the State of Wyoming to appoint an arbitrator. Nothing in this clause precludes the parties from seeking provisional remedies from a court of appropriate jurisdiction in aid of arbitration. The parties acknowledge that this Agreement involves interstate commerce and, as such, the

Federal Arbitration Act (9 U.S.C. §§ 1-16)

will govern the arbitration process.

Either party may commence arbitration by providing a written demand for arbitration to the AAA and the other party, detailing the subject of the dispute and the relief sought.

b. Service of Process

Each party irrevocably consents to service of legal notices at their corporate headquarters, registered address, or primary address (for individuals or sole proprietors). This does not limit any party's right to serve legal process through any method permitted by law.

c. Class Waiver

To the fullest extent permitted by law, all disputes will be resolved on an

individual basis only

, and not in any class, consolidated, or representative action. If a dispute proceeds to court rather than arbitration, both parties irrevocably waive any right to a jury trial for claims arising out of or relating to these Terms of Use.

d. Provision of an Award

The arbitrator may award monetary damages and other remedies allowed under Wyoming law. The arbitrator does not have authority to modify any provision of these Terms of Use. The arbitrator’s decision will be final and binding, and any resulting award may be confirmed or enforced in a state or federal court located in Wyoming. Both parties agree to act promptly in accordance with the arbitrator's award.

e. Fees

Each party will initially bear one-half of the arbitration fees and expenses, including the costs of the arbitration facility and any court reporter. The arbitrator may award reasonable attorneys' fees and costs to the prevailing party in connection with the claims or defenses on which they prevail, with any opposing awards offset.

f. Confidentiality

The arbitration process, hearings, and decisions will remain confidential, except:

As necessary for preparing or conducting the arbitration.When applying to a court for provisional remedies or enforcement of the arbitrator’s award.For use in confidential settlement negotiations.As required by applicable laws.

All parties, witnesses, and arbitrators are required to maintain confidentiality and may not disclose evidence or information from arbitration proceedings except as legally necessary.

g. Conflict of Rules

If there is a conflict between this section and the arbitration rules referenced, the provisions of this section will prevail. If any part of this arbitration agreement is found invalid or unenforceable, it will be enforced to the maximum extent permitted by law, and the remainder of the clause will remain valid and enforceable.