CarParts.com, Inc. (“We”, “CarParts.com” or “Company”) is offering you the opportunity to refer friends via a Referral Program (“Program”) offered on the website located at CarParts.com (the “Website”).
1. Binding Agreement. By participating in the Program, you acknowledge and agree that you are bound by these Referral Terms (“Referral Terms”).
2. Privacy. The information collected, processed, used, and disclosed as part of the Program is subject to and governed by the Company’s Privacy Policy, which is also available by link on the website.
3. How the Program Works. You must be a legal resident of the United States of America and at least 16 years old to use the Website. Next, you must visit the Website and follow the on-screen instructions to refer friends, family members, or colleagues. Once an individual makes a referral, he/she becomes a “Referrer” and will be provided with a unique referral link (“Personal Link”) that allows him or her to receive the benefit or reward advertised on the Website. Each referred friend (“Friend”) must complete the referral as described in the referral message in order for the Referrer and Friend to be eligible for the benefit or reward.
4. Restrictions. Referrers cannot refer themselves or create multiple, fictitious, or fake accounts with the Company or participate in the Program as “Friend.” No user may use the Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Program. In addition, you may not (i) tamper with the Program, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Program. Employees of the Company or any of its or their subsidiaries, affiliates, or promotional agencies are not eligible to participate in the Program.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
5. Rewards. By making a valid referral, you will be eligible to receive a coupon for 10% off a single purchase—no minimum—and your Friend will also receive 10% off/no minimum single-use coupon. You can submit a maximum of ten referrals per day. You may not refer the same individual more than once or receive credit for being referred by a Friend whom you have already referred through the Program. Restrictions may apply. Rewards are subject to verification. The Company may delay a reward for the purposes of investigation. All of the Company's decisions are final and binding. Unless otherwise stated, rewards have no monetary value and may not be redeemed for cash. They are not transferable and may not be auctioned, traded, bartered, or sold.
6. Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE OR OUR SUBSIDIARIES, AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND caused by, arising out of, in connection with, or related to the Program, the sending of electronic messages, and/or the awarding, receipt and/or use or misuse of any benefit in the Program. THIS LIMITATION APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $300.
7. Indemnity. TO THE FULLEST EXTENT PERMITTED BY LAW, you agree to defend, indemnify, release and hold harmless the company as well as its SUBSIDIARIES, AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS and any person or entity associated with the production, operation or administration of the Program (collectively, the “Released Parties”), from any and all claims, actions, demands, damages, penalties, losses, liabilities, costs or expenses (including, but not limited to, reasonable attorneys’ fees) in any way caused by, arising out of, in connection with, or related to the Program, the sending of electronic messages, and/or the awarding, receipt and/or use or misuse of any benefit in the Program. To be clear, the Released Parties shall not be liable for any technical errors or malfunctions, data theft or corruption, any printing or typographical error, or any damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program. The Released Parties shall not be liable to any users for failure to supply any advertised benefit, by reason of any acts of God, any action or request by any governmental or quasi-governmental entity (whether or not valid), or any other activity or action that is beyond any of the Released Parties’ control, whether similar or dissimilar.
8. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY LAW, CARPARTS.COM DISCLAIMS FOR ITSELF ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS; (B) CARPARTS.COM DOES NOT WARRANT THAT (i) YOUR PARTICIPATION IN THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (ii) THE PROGRAM WILL MEET YOUR REQUIREMENTS, OR (iii) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
9. Bulk Distribution (“Spam”). Each Referrer is the actual sender of the emails and must comply with applicable law, including, but not limited to, the CAN-SPAM Act of 2003. Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By participating in the Program, the Referrer represents that he/she (i) has the appropriate permission and consent of the email recipient; (ii) is only sending the email to individuals with whom the Referrer has a personal or family relationship; and (iii) is not engaging in harassing, unethical, illegal or otherwise improper conduct. Bulk email distribution, distribution to strangers, or any other use of the services described herein in a manner that is not permitted is expressly prohibited and may be grounds for immediate expulsion from the Program and further legal action. The Company has no obligation to monitor the Program or any communications; however, the Company may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program. Referrers who do not comply with applicable laws, including anti-spam laws, are obligated to indemnify the Released Parties against any liabilities, costs and expenses they may incur as a results of such spam or related actions.
10. Sign-In Credentials. Users are responsible for maintaining the confidentiality of any sign-in credentials and are fully responsible for all activities that occur through the use of them. Users agree to notify the Company immediately if they suspect unauthorized access to their account. Users agree that the Company will not be liable for any loss or damage arising from unauthorized use of their credentials.
11. Right to Cancel, Modify or Terminate. We reserve the right to cancel, modify or terminate the Program at any time for any reason. We reserve the right to disqualify any user at any time from participation in the Program if he/she does not comply with any of these Referral Terms.
12. Waiver. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is approved in writing by the Company. No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
13. Complete Agreement. This Agreement constitutes the complete understanding between the parties hereto with respect to the subject matter of this Agreement and supersedes in all prior discussions and understandings, oral or otherwise, between the parties with respect to its specific subject matter.
14. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be void, voidable or illegal, such provision shall be removed from this Agreement and the remaining provisions hereof shall remain enforceable to the fullest extent permitted by law.
15. Choice of Law. Except with regard to the Arbitration Agreement and all matters related in any way to arbitration and dispute resolution, which are governed exclusively by the Federal Arbitration Act, this Agreement is governed by the laws of the State of California, without regard to conflict of laws principles.
16. Venue. Except where otherwise expressly provided, any action arising out of this Agreement is subject, and each party hereto irrevocably submits, to the exclusive jurisdiction of the State and Federal Courts located in Los Angeles County, California.
17. Notice of Financial Incentive. We do not assign a monetary value to the data we collect while operating our Program. However, to the extent our Program is considered a financial incentive program under California law, we estimate that the value of the personal information is related to the estimated cost of providing the relevant financial incentive for which the personal information was collected. We estimate the value of consumers’ personal information by considering the expenses incurred by the business related to the collection, storage and retention of consumers’ personal information in the context of the financial incentive program and the expenses related to the provision of the financial incentive.
18. Dispute Resolution - Arbitration Agreement
If a dispute arises between you and us, We will strive to resolve it fairly. In some cases, however, a third party may be needed to help resolve such disputes. This section of our Referral Terms (the “Arbitration Agreement”) strictly limits both you and us to resolving all disputes through individual arbitration or small claims court only.
YOU AND CARPARTS.COM AGREE THAT ALL DISPUTES WHICH CANNOT BE RESOLVED INFORMALLY MUST BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION OR IN SMALL CLAIMS COURT ONLY, AND YOU AND CARPARTS.COM WAIVE ALL RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS ACTION OR CONSOLIDATED PROCEEDING.
All Disputes Covered. The term "Disputes" is defined broadly to include all claims and controversies of any type, including, but not limited to, statutory, regulatory, constitutional, contractual, common law, and tax-related claims and controversies, as well as those involving allegations of negligence, fraud, and misrepresentation.
All Persons and Entities Covered. This Arbitration Agreement extends to all agents, attorneys, contractors, subcontractors, employees, service providers, and all others acting on behalf of you or us, including those on whose behalf you visit the Websites or use the Apps. In addition, it is binding on the heirs, successors, agents, and assigns of you and us, as well as all corporations related in any way to CarParts.com. If a Dispute involves parties who are not subject to this Arbitration Agreement, claims involving such parties shall be stayed pending the resolution of all related arbitrations.
Governing Law. This Arbitration Agreement is governed exclusively by the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1 et seq., and not any state or local laws. You and We agree that this Arbitration Agreement involves interstate commerce under the FAA. The laws of the State of California, but not including its conflicts of law rules, shall govern exclusively the resolution of all disputes except to the extent preempted by federal law.
The Informal Settlement Process. Before initiating an arbitration or small claims court case, you and We must first participate in the informal dispute resolution process as follows:
(a) To start the informal settlement process, the party initiating any Dispute (“Claimant”) must send a signed, written statement (“Claim Statement”) to the other party (“Respondent”). The Claim Statement must include the Claimant’s full name, mailing address, email address, the date(s) the Dispute arose, a detailed explanation of the facts relevant to the Dispute, and a proposal for resolving it, including any claimed amount and how that amount was calculated. The Respondent may request additional information, and the Claimant agrees to reasonably investigate and provide additional information responsive to the Respondent’s request. Claim Statements must be sent to CarParts.com either by certified mail: CarParts.com, Inc., 4900 Airport Plaza Dr., Suite 300, Long Beach, CA 90815, Attention: General Counsel, or by email to: legal@carparts.com
(b) If the Claimant is represented by an attorney, the Claim Statement must authorize the Respondent to share information about the Dispute with the named attorney. The Claimant's attorney must sign the Claim Statement under oath or penalty of perjury, in accordance with 28 U.S.C. § 1746 or similar state laws, certifying compliance with Rule 11 of the Federal Rules of Civil Procedure (“Rule 11”). The certified Claim Statement will be admissible in any arbitration or court proceeding related to the Dispute.
(c) Once a Claim Statement meeting the requirements of the Arbitration Agreement is received by the Respondent, the Claimant and Respondent shall work in good faith to resolve the Dispute for a period of at least 60 days. Sending the Claim Statement pauses any applicable statutes of limitations for the 60-day period starting from the date the Respondent receives a proper Claim Statement.
(d) Failure to complete in good faith the informal settlement process is a material breach of this Arbitration Agreement, Any arbitration or small claims court action filed under this Arbitration Agreement must state that the Claimant has completed in good faith the informal settlement process. No arbitrator may be appointed to hear a Dispute where the requirements of the informal settlement process have not been satisfied. If, after an arbitrator is appointed, the arbitrator concludes that the Claimant or Respondent have not participated in good faith in the informal settlement process, that arbitrator shall consider that failure a default and dismiss the arbitration. In such a circumstance, the arbitration may require the defaulting party and/or its attorneys to reimburse the non-defaulting party for all arbitration fees and costs it has incurred.
(f) At the end of the informal settlement process, unresolved Disputes from the Claim Statement, and no others, can then and only then be pursued on an individual basis only either in (1) binding individual arbitration (as provided for below), or (2) small claims court, if the requirements of small claims court are satisfied.
No Class Actions. TO THE FULLEST EXTENT ALLOWED BY LAW, AND EXCEPT AS SPECIFIED IN THE MASS ARBITRATION RULES, BELOW, YOU AND WE AGREE THAT ALL DISPUTES MUST BE RESOLVED INDIVIDUALLY, AND NOT VIA CLASS ACTION, EVEN IF THIS ARBITRATION AGREEMENT IS FOUND TO BE UNENFORCEABLE. This means: (a) neither you nor We can file or participate in a class action, consolidated action, or representative action; (b) an arbitrator cannot combine claims from multiple claimants or oversee a consolidated, class, or representative action; and (c) an arbitrator’s decision or award will apply only to that specific claimant's Dispute. This section does not limit the relief available to you or us in individual arbitration or small claims court, nor does it restrict either party's right to settle Disputes by mutual agreement, including through class-wide settlements via mediation or other means.
Fees and Costs. You and We are responsible for our own costs and attorneys’ fees in connection with all Disputes. However, either party may seek to recover such fees and costs if allowed by applicable law or arbitration rules applicable to the Dispute. If an arbitrator finds that a claim or counterclaim was made or prosecuted in bad faith, for an improper purpose, to exert undue pressure, or was entirely frivolous, the arbitrator may award costs, arbitration fees, and attorneys’ fees to the defending party.
Changes. If CarParts.com changes this Arbitration Agreement after you last accepted the Terms, you can reject those changes by sending written notice within 30 days of the effective date of such changes. The notice must include your full name and mailing address, and clearly state that you reject the Arbitration Agreement changes. By rejecting these changes, you agree to arbitrate any dispute based on the version of the Arbitration Agreement that was in effect when you last agreed to the Terms. Send your notice by certified mail: CarParts.com, Inc., 4900 Airport Plaza Dr., Suite 300, Long Beach, CA 90815, Attention: General Counsel, or by email to: legal@carparts.com
Improperly Commenced Arbitration. If either party believes the other party has started or is about to start an arbitration in violation of this Arbitration Agreement (including the Mass Arbitration rules set forth below), you and CarParts.com agree that that party can request a court order to stop the arbitration and that any arbitration subject to such a court action shall be stayed until the court action is concluded. The court in such action shall have the authority to order the payment of costs and reasonable attorneys' fees related to such a proceeding upon a finding that an arbitration was commenced in knowing violation of the Arbitration Agreement.
Survival. The Arbitration Agreement will survive and remain in effect even after your relationship with CarParts.com has ended and despite any action purporting to terminate any agreement between you and CarParts.com.
Severability. Except as expressly provided in the Mass Arbitration rules, below, if any part of the Arbitration Agreement is found to be unenforceable, its remaining provisions will still apply to the fullest extent allowed by law.
ARBITRATION RULES AND REQUIREMENTS
In arbitration, there is no judge or jury, but the arbitrator has the authority to hear all Disputes and grant the same relief a court could. The arbitrator must interpret and apply the Terms and this Arbitration Agreement just as a court would. The results of an arbitration shall have no effect on other Disputes between you and CarParts.com, and shall not be binding in any other Disputes in which you are not a party.
Any court with proper authority and jurisdiction can enforce this Arbitration Agreement, including any matters related to Mass Arbitration, as defined below. The court may also prevent the filing or continuation of any arbitration, or the imposition of fees and costs associated with any arbitration, if such a filing or the imposition of fees or costs does not comply with the requirements of the Arbitration Agreement.
Unless stated otherwise in this Arbitration Agreement, if you and We disagree about whether a Dispute must be arbitrated, the scope of the arbitrator's authority, or the enforceability of any specific terms of the Arbitration Agreement, the arbitrator shall have the sole authority to resolve these such disputes. However, if you or We argue that this Arbitration Agreement is not for any reason an enforceable contract, only a court with proper authority can decide that matter, and any pending arbitration shall be stayed until a final decision on the matter by a court in which such a claim is asserted after the exhaustion of any appeals. This provision does not limit either party’s right to challenge in a court of competent jurisdiction an improperly commenced arbitration as elsewhere provided in this Arbitration Agreement.
In any arbitration between you and CarParts.com, the Respondent may choose to make a written settlement offer at any time after the initiation of arbitration but is under no obligation to do so. The settlement offer amount or terms will not be revealed to the arbitrator until after an award (including any dispositive decision) is made. To the fullest extent permitted by law, if the award is less than the settlement offer or favors the Respondent, the Claimant must pay the Respondent’s arbitration fees and costs incurred after the offer to the fullest extent permitted by law.
The arbitration process will vary depending on whether the Dispute is pursued individually or as part of a Mass Arbitration (defined below). These individual arbitration rules do not apply to Disputes that are part of a Mass Arbitration except in connection with the limited bellwether arbitrations described in the Mass Arbitration Rules set forth below.
If the American Arbitration Association (“AAA”) is for any reason whatsoever unavailable, unable, or unwilling to handle an arbitration assigned to it under this Arbitration Agreement (including as a result of any aspect of this Arbitration Agreement which does not meet with their approval), or otherwise finds that it cannot arbitrate a Dispute, you and We will negotiate in good faith to choose an alternative arbitrator or organization to conduct the arbitration in accordance with all of the requirements of this Arbitration Agreement. If no such agreement is reached, the parties shall jointly ask a court to appoint an arbitrator or arbitration organization under 9 U.S.C. § 5 to conduct the arbitration in accordance with all of the requirements of this Arbitration Agreement.
Individual Arbitration Rules. All individual arbitrations (those not subject to the Mass Arbitration rules, below) shall be before a single arbitrator of the AAA. Arbitrations involving consumers will be governed by this Arbitration Agreement and the AAA Consumer Arbitration Rules (“Consumer Rules”) and the AAA Consumer Due Process Protocol. However, the Consumer Rules shall only apply if the Dispute involves or is related to goods or services offered or purchased for personal or household use, and not goods or services offered or purchased for any other use or purpose, including in support of a business, job, or profession or for resale. Arbitrations not governed by the Consumer Rules shall be governed by this Arbitration Agreement and the AAA Commercial Arbitration Rules and the AAA Optional Appellate Rules. If there is a conflict between this Arbitration Agreement and any applicable AAA rules and protocols, these terms will control.
For consumer arbitrations where claims or counterclaims are under $25,000 USD each, the case will be decided without appearances, based only on submitted documents (including sworn statements) under R-29 of the Consumer Rules (or its successor under the AAA Consumer Rules). However, the arbitrator may permit reasonable and appropriate discovery (proportionate to the Dispute amount and not imposing undue cost or hardship on either of the parties), and may allow a hearing by phone or video conference, unless, in the arbitrator’s sole discretion, fairness requires an in-person hearing and the cost of an in-person hearing is reasonable compared to the Dispute amount. All decisions by an arbitrator, including any awards, can be enforced or confirmed in any court with proper jurisdiction, but they shall have no precedential effect in another arbitration.
To begin an arbitration with the AAA, the informal settlement process must first be completed. Afterward, the claiming party must send a letter describing the Dispute, including any amount claimed, and requesting arbitration to the American Arbitration Association Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 or by filing a request online through the AAA website.
Any attorney representing a Claimant must sign, under oath or penalty of perjury, a Rule 11 certification with regard to the arbitration demand, which certification shall be included with any arbitration demand under this Arbitration Agreement. This certification will be admissible in any arbitration or court proceeding related to the Dispute, and the arbitrator shall have the authority to impose sanctions as provided for by Rule 11.
Mass Arbitration Rules. If 25 or more claimants (each a “Mass Arbitration Claimant”) or their lawyers file or disclose to CarParts.com an intention to file demands for arbitration against CarParts.com raising substantially identical Disputes, and counsel for the claimants are the same or coordinated across these Disputes (a “Mass Arbitration”), these special mass arbitration rules shall apply to the exclusion of any other mass arbitration rules published by any arbitration organization, including the AAA. Any dispute concerning whether these Mass Arbitration Rules apply or challenging the enforceability of any of these Mass Arbitration Rules may only be resolved by a court of competent jurisdiction, and no arbitrator shall be appointed in the absence of such a court determination except by agreement of the parties.
Each Mass Arbitration Claimant must satisfy the informal settlement process outlined above before proceeding to arbitration, including the requirement of a signed certification of counsel under oath or penalty of perjury (consistent with 28 U.S.C. § 1746 or similar state laws) of compliance with Rule 11 for each claimant. Arbitrators in any resulting arbitrations will have the authority to impose sanctions as allowed by Rule 11. Lawyers representing the Mass Arbitration Claimants shall also certify, under oath, that no other attorney represents the Mass Arbitration Claimants in connection with the Disputes raised during the informal settlement process.
If the informal settlement process fails for any Mass Arbitration Claimants, counsel for the parties will each select up to five (5) Mass Arbitration Claimants (totaling no more than ten (10) with an equal number selected by each of counsel for the Mass Arbitration Claimants and counsel for Us) for bellwether arbitrations which will be decided individually under the Individual Arbitration Rules, above, with each case assigned to a different arbitrator. Any other arbitration claims which have been filed by other Mass Arbitration Claimants must be dismissed without prejudice before the bellwether arbitrations can begin. Each bellwether arbitration must be completed within 120 days unless otherwise agreed. No further arbitration demands can be filed by Mass Arbitration Claimants during the pendency of the bellwether arbitrations or during the subsequent mandatory mediation process described below.
After the bellwether cases are resolved, the parties’ counsel will promptly participate in good faith in non-binding, confidential mediation for at least 60 days to resolve all remaining Disputes of the Mass Arbitration Claimants. This mediation will be conducted by the AAA under its current Mediation Procedures unless both sides agree to a different mediator or mediation process.
To prevent the Disputes asserted by the Mass Arbitration Claimants from expiring, all statutes of limitation for their Disputes will be paused until the completion of the informal settlement process, the bellwether arbitrations, and the completion of the mediation described below.
Mass Arbitration Claimants whose claims remain unresolved after mediation can only pursue their disputes in small claims court (if eligible) or through a documents-only arbitration with FairClaims, Inc. (and not with the AAA or any other arbitrator or arbitration-sponsoring organization). The applicable FairClaims rules shall be either those for Small Claims or the Fast Track rules will depend on the claim amount, information about which is available here. Decisions from the bellwether arbitrations can be used in FairClaims arbitrations for their persuasive value only, but shall not be binding. Discovery obtained in the bellwether cases may be used in connection with FairClaims arbitrations subject to appropriate confidentiality protections.
If any aspect of these Mass Arbitration Rules is determined to be unenforceable for any reason in a court decision as to which further review is foreclosed, and as to which all available motions, appeals, and petitions for review have been resolved fully or not timely pursued (a “Final Determination”), all unresolved Disputes between the Mass Arbitration Claimants and CarParts.com shall be resolved in the courts of the State of California. CarParts.com shall have the right to request such a case be removed to federal court if it so qualifies. In any court action filed under this provision, the class of plaintiffs shall be strictly limited to Mass Arbitration Claimants who have satisfied the informal settlement process and who have unresolved Disputes.
If any arbitrations filed by or for Mass Arbitration Claimants are still pending after a Final Determination, those Mass Arbitration Claimants must immediately dismiss their arbitrations without prejudice. A ruling that the Mass Arbitration Rules or any aspect of them are unenforceable will not affect the validity or enforceability of any other parts of this Arbitration Agreement or any other part of the Terms.