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By accessing and/or using this Website, the internet user agrees that any dispute, claim or controversy arising out of or related to this Website or its contents shall be resolved exclusively through final and binding expedited arbitration conducted solely by the American Arbitration Association (“AAA”), or any successor in interest, in accordance with the AAA Commercial Arbitration Rules then in effect. This agreement to arbitrate is intended to include within its scope, but is not limited to, any and all disputes arising under local, state, and federal common laws, statutes, regulations, ordinances, and executive orders, and any claims in law and equity. Unless otherwise required by law, claimant shall bear any administrative fees associated with the AAA, and each party shall bear his/her or its individual costs of arbitration, including attorney’s fees; provided, however, that the arbitrator may award costs and attorney’s fees to the prevailing party under the provisions of any applicable law. All disputes subject to arbitration under this agreement shall be resolved by a single AAA arbitrator selected by the parties pursuant to the AAA’s rules. Judgment upon the award rendered by the arbitrator may be entered by any court having competent jurisdiction thereof. The arbitrator shall have the authority to award any relief that would be available to either party in a court of law or equity, but the arbitrator shall not have the authority to amend, modify, supplement or change the terms and conditions of this Disclaimer. Subject to supervision of the arbitrator, the parties shall be permitted such reasonable prehearing discovery as may be required by law. The location of the arbitration shall be at a convenient office of Touro. The internet user understands that, by viewing this Website, he/she is electing to resolve all disputes described above exclusively in an arbitration forum rather than in a judicial forum, and he/she is, to the extent permitted by law, waiving any right he/she may have to a jury trial of any such dispute. The internet user agrees that if, for any reason, any dispute arising out of this Website is resolved in court rather than through arbitration, then, to the extent permitted by law, the internet user specifically waives any rights he may have to trial by jury of any such dispute.
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