17. Dispute Resolution; Governing Law; Jurisdiction and Venue.

(a) MANDATORY BINDING INDIVIDUAL ARBITRATION INSTEAD OF COURT; CLASS ACTION WAIVER.

i. You and Equiptrack both agree that any and all disputes or claims arising out of or relating in any way to any Services, or from any advertising for any such Services, including any question regarding the existence, validity, or termination of these Terms of Use, as well as any issue regarding the interpretation of this Section 19, will be resolved by binding arbitration before a sole arbitrator, rather than in court, except that you may assert claims in small claims court if your claims qualify and Equiptrack may pursue a collection action against you in court. This also includes any claims that arose before you accepted these Terms of Use, regardless of whether prior versions of the Terms of Use required arbitration. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) and federal arbitration law apply to this arbitration agreement.

ii. Arbitration uses a neutral arbitrator instead of a judge and jury. An arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms of Use as a court would. Arbitration procedures allow for more limited discovery, and court review of an arbitration award is limited.

iii. If you have a dispute and elect to seek arbitration or file a claim in small claims court, you must first send to Equiptrack, by certified mail, a written notice of your claim that (a) describes the nature and basis of the claim or dispute; (b) sets forth the specific relief sought and (c) includes a physical address and email address where you may be reached (“Notice”). The Notice must be addressed to: General Counsel, Equiptrack, 151 Orchard Drive, Canton, GA 30115 (“Notice Address”). If Equiptrack and you do not reach an agreement to resolve the claim within 60 days after the Notice is received, you or Equiptrack may commence an arbitration proceeding or file a claim in small claims court. You may download or copy a form to initiate arbitration at www.adr.org.

iv. If your claim totals less than US$25,000, Equiptrack will pay for all filing, administrative and arbitration fees, including the arbitrator’s compensation, and will reimburse you for any filing, administrative and arbitration fees that you incur. If your claim exceeds US$25,000, you will be responsible for the filing fees and the parties will pay equal shares of any administrative and arbitration fees, including the arbitrator’s compensation, except for such fees that the Rules require Equiptrack to pay in full. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at any arbitration hearing.

v. If your claim is for US$25,000 or less, you and Equiptrack agree that you may choose whether the arbitration will be conducted solely on the basis of documents or through a telephonic hearing. If your claim exceeds US$25,000, the right to a hearing will be determined by the arbitrator.

vi. You and Equiptrack agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, representative, consolidated or mass action. You shall not join or consolidate claims or arbitrate or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity. If this provision is found to be unenforceable, then the entirety of this Section 19(a) shall be null and void.

vii. Any arbitration will be confidential. Neither you, Equiptrack, nor the arbitrator may disclose the existence, content (including any oral or written submissions), or results of any arbitration, except as may be required by law or for purposes of enforcing or challenging of the arbitration award.

viii. You may opt out of this dispute resolution procedure by providing written notice to Equiptrack at the Notice Address no later than 30 calendar days from the date of your purchase of the applicable Equiptrack Services (or date of first use, in the case of free Services). Such opt out will apply only to any Services that you purchased or used and which you specifically identify in the notice; provided, however, it will not apply either retroactively or prospectively to any other Services. If you purchase or use additional Equiptrack Services in the future and wish to opt out of this dispute resolution procedure for those Services, you will have to submit a new written notice. Opting out of this dispute resolution procedure will not otherwise affect the coverage or applicability of these Terms of Use, or your ability to purchase or use Services, in any way.

(b) Governing Law. By establishing a Equiptrack account or purchasing or using any Services, you agree that the Federal Arbitration Act, applicable federal law, and laws of the Commonwealth of Georgia, without regard to its conflict of laws rules, including, but not limited to, the Uniform Computer Information Transactions Act (“UCITA”), will govern these Terms of Use, as well as any dispute of any sort that might arise between you and Equiptrack.

(c) Jurisdiction and Venue. If for any reason a claim proceeds in court rather than in arbitration or small claims court, including if you opt out under Section 19(a)(ix), we each waive any right to a jury trial and agree that any such proceeding shall be conducted only on an individual basis and not in a class, representative, consolidated or mass action. Under such circumstances, except for a collection action by Equiptrack, you and Equiptrack agree that jurisdiction and venue for all matters relating to these Terms of Use shall be vested exclusively in the state courts in Cherokee County, Georgia, or the U.S. District Court of Georgia. If any part of this Section 19(c) is found to be unenforceable, the remainder of Section 19 and this Section 19(c) shall still be given full force and effect.