Please read this Arbitration Agreement carefully. It is part of your contract with The Compare, Shop & Enroll Insurance Center formed by these Terms of Service and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. 

Scope of Arbitration Agreement (“Arbitration Agreement”). You acknowledge and agree that any dispute or claim relating in any way to your access or use of this Web Site will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or The Compare, Shop & Enroll Insurance Center may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose before this or any prior agreement. 

Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act in all respects. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to The Compare, Shop & Enroll Insurance Center. 3110 Main St. BLDG C Santa Monica, CA 90405, Attention: Legal Department. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at American Arbitration Association® (AAA) | Official Site or by calling the AAA at 1-800-778-7879. Payment of all filing, administration, and arbitration fees will be governed by the AAA’s rules. We will reimburse those fees paid by you for claims totaling less than $5,000 unless the arbitrator determines the claims are frivolous. Likewise, The Compare, Shop & Enroll Insurance Center will not seek attorneys’ fees and costs from you in arbitration unless the arbitrator determines the claims are frivolous. If the AAA is not available to arbitrate, you and The Compare, Shop & Enroll Insurance Center will select an alternative arbitral forum. 

Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and The Compare, Shop & Enroll Insurance Center. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms of Service. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding on you and The Compare, Shop & Enroll Insurance Center. 

Waiver of Jury Trial. YOU AND The Compare, Shop & Enroll Insurance Center. EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and The Compare, Shop & Enroll Insurance Center are instead electing to have claims and disputes resolved by arbitration. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms of Service as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is limited. In any litigation between you and The Compare, Shop & Enroll Insurance Center over whether to vacate or enforce an arbitration award, you and The Compare, Shop & Enroll Insurance Center hereby irrevocably waive all rights to a jury trial and elect instead to have a judge resolve the dispute. 

Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor The Compare, Shop & Enroll Insurance Center is entitled to arbitration. Instead, all claims and disputes will then be resolved in a court as set forth in Section 12 (Choice of Law and Forum) above