(a) The Arbitrator, and not any federal, state, or local court or agency, has the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability, or formation of these Terms of Service and the arbitration provisions in this Section, including but not limited to any claim that all or any part of these Terms of Service is void or voidable;

(b) The Arbitration will be held either by telephone or by written submission: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and Company; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in the aggregate;

(c) The Arbitrator (i) will apply internal laws of the State of Georgia consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent that federal law prevails, will apply the law of the U.S., irrespective of any conflict of law principles; (ii) will entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with the laws of the State of Georgia or federal rules of procedure, as applicable; (iii) will honor claims of privilege recognized at law; and (iv) will have authority to award any form of legal or equitable relief;

(d) The Arbitration can resolve only your and our claims, and the Arbitrator will have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;

(e) The Arbitrator will issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;

(f) If you demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith. If the Arbitrator awards you an Award greater than our last written settlement offer, we will reimburse your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, and, in any case, we will bear our own attorneys’ fees;

(g) Except the subsection (d) above, if any part of this arbitration provision is deemed to be invalid, unenforceable, illegal, or otherwise in conflict with the Applicable Rules, then the balance of this arbitration provision will remain in effect and will be construed by its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, “No Class Relief” is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor the Company will be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction;

(h) Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against us in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding;

(i) You may opt out of this agreement to arbitrate. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt-out, you must notify us in writing within 30 days of the date that you first became subject to this arbitration provision, and must include your name and residence address, the email address you use for your account (if you have one), and a clear statement that you want to opt out of this arbitration agreement. Any requests to opt-out must be sent to: [Privacy@healthwealthsafe.com]; and

(j) Notwithstanding the foregoing, we or you may submit any dispute, cause of action, claim, or controversy relating to our or your intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and other patents) to any court of competent jurisdiction.