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Section 5B: Terms and Conditions 169
the dispute, previous efforts to resolve the dispute, all supporting
documents/information, and the proposed resolution. Notice to
you will be sent to your billing address and notice to us will be sent
to: General Counsel; Arbitration Office; 2001 Edmund Halley Drive
VARESP0513-502; Reston, Virginia 20191. We agree to make
attempts to resolve the dispute. If we cannot resolve the dispute
within forty-five (45) days of receipt of the notice to arbitrate, then
we may submit the dispute to formal arbitration.
(3) The FAA applies to this Agreement and arbitration provision.
We each agree the FAA’s provisions, not state law, govern all
questions of whether a dispute is subject to arbitration.
(4) The arbitration will be administered by the National Arbitration
Forum (“NAF”) under its arbitration rules. If any NAF rule conflicts
with the terms of the Agreement, the terms of the Agreement
apply. You can obtain procedures, rules, and fee information from
the NAF at 1-800-474-2371 or
www.cpradr.org.
(5) Unless we each agree otherwise, the Arbitration will be
conducted by a single neutral arbitrator and will take place in the
county of your last billing address. The federal or state law that
applies to the Agreement will also apply during the arbitration.
(6) We each agree not to pursue arbitration on a classwide basis. We
each agree that any arbitration will be solely between you and us (not
brought on behalf of or together with another individual’s claim). If for
any reason any court or arbitrator holds that this restriction is
unconscionable or unenforceable, then our agreement to arbitrate
doesn’t apply and the dispute must be brought in court.
(7) We each are responsible for our respective costs relating to
counsel, experts, and witnesses, as well as any other costs relating
to the arbitration. However, we will cover any arbitration
administrative or filing fees above: (a) $25 if you are seeking less
than $1,000 from us; or (b) the equivalent court filing fees for a
court action in the appropriate jurisdiction if you are seeking
$1,000 or more from us.