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© 2013 Collectorsfolio

TERMS OF SERVICE

These terms of service ("Terms of Service") govern your use of Collectorsfolio.com (the "Site") and the services (the "Services") provided through the Site or through your telephonic communication with Collectorsfolio, Inc. ("Collectorsfolio"; or "we", "us" and "our"), which owns the Site and provides the Services. These Terms of Service, together with the Privacy Policy and all additional terms and policies set out on the Site, express the basic contract between Collectorsfolio and you that is formed when you use this Site in any way, a contract that is sometimes referred to below as "this Agreement." This Agreement applies to you whether or not you use the Site to list, consign, sell or buy an item.

Before using the Site, please carefully review the Privacy Policy. Our use of any personal data that you provide to Collectorsfolio – including, without limitation, data provided to other Users as a result of your use of the Site and/or the Services - will be governed by the Privacy Policy. For purposes of clarification, this Agreement applies to you whether you use the Site in the capacity of buyer or seller. Acting as either, you are sometimes specifically referred to herein as "Buyer(s)" or as "Seller(s)", as the case may be; or, more generally, as "User(s)."

YOUR ACCEPTANCE OF THIS AGREEMENT.

You hereby acknowledge that all terms of this Agreement are subject to change at any time without notice to you and that it is your sole responsibility to check the Site regularly for any changes to these Terms of Service, which changes will be indicated by an alert at the top of this page that clearly states that the Terms of Service are effective as of the date such changes were made and that these Terms of Service supersedes all prior versions thereof. Your use of the Site and/or the Services will be deemed your consent to be bound by the terms of this Agreement and your continued use of the Site and/or the Services after any changes to this Agreement will be deemed your consent to be bound by the terms of such updated version of the Terms of Service. If you do not consent to be bound by the terms of this Agreement or by the terms of any updated version of the Terms of Service, you may not use the Site or the Services. Your only remedy with respect to any dissatisfaction with any changes to the Terms of Service is to discontinue your use of the Site and the Services.

REGISTRATION.

You do not need to register in order to search for or purchase items on the Site. User profiles and complete details regarding each item that a Seller is offering are available to everyone, without charge.

You do need to register if you wish to sell an item. Upon registration, you will be required to create a User name and password. We recommend that your User name not be your own name, nor a user name or similar seller identification device used on any other commercial website (e.g., Ebay), nor the name of a business, even your own business. We reserve the right to require a User to change User names, in our sole discretion.

You are responsible for all activities that occur under your User name and for maintaining the security and confidentiality of your User name and password. It is your responsibility to notify Collectorsfolio immediately of any unauthorized use of your User name or password and you will be liable for any unauthorized use of the Site or the Services including, without limitation, any direct, indirect, or consequential damages. You may not transfer, assign or sell your account to any third party.

All of the personally identifiable information that you provide during registration is collected, stored and used according to the terms of our Privacy Policy. Please provide accurate and current information; otherwise, Collectorsfolio may suspend or terminate your account and deny you the right to sell items through the Site and/or the Services.

You represent and warrant to Collectorsfolio that all information you provide to Collectorsfolio or to any third party through the Site (i) is true, accurate, complete and not misleading; (ii) is not fraudulent and does not involve or offer the sale of counterfeit or stolen items; (iii) does not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (iv) does not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (v) is not defamatory, libelous, unlawfully threatening or unlawfully harassing; (vi) is not obscene and does not contain child pornography; and (viii) does not create liability for Collectorsfolio nor cause Collectorsfolio to lose (in whole or in part) the services of our ISPs or other suppliers. Furthermore, you may not list any item on our Site (or consummate any transaction that was initiated using our Service) that, by paying to Collectorsfolio the listing fee or the final value fee, could cause Collectorsfolio to violate any applicable law, statute, ordinance or regulation, or that violates our current listing restrictions. You agree not to make use of any other user’s User information other than as necessary to complete any transactions in which you and the subject of the User information are involved.

YOU MUST BE 18 TO JOIN OR TO BUY OR SELL ITEMS

Membership and the Services (including the right to consign, sell or buy any item) are available only to individuals who have the legal capacity to make contracts in the State of New York.

WE MAY DENY SERVICES FOR ANY REASON OR NO REASON

Even without terminating a membership, Collectorsfolio reserves the rights to (i) deny access to, or use of the Site and/or the Services to anyone, at any time, and (ii) to refuse to allow any particular sale to be consummated through the Site or the Services, in its sole discretion.

TERMINATION.

You may terminate your membership – and thereby lose the right to sell items through the Site and/or the Services – at any time.

Collectorsfolio may terminate your membership – and thereby lose the right to sell items through the Site and/or the Services – if you fail to comply with the terms and conditions of this Agreement including, without limitation, for any activity that is disruptive or causes harm to Collectorsfolio’s computers, systems or infrastructure or to other parties, or is in violation of any laws regarding "spam".

Upon termination of a membership (whatever the reason for termination), we will promptly refund any money due to the Seller (net of earned commissions or other applicable fees) and return to the Seller any of Seller’s items that Collectorsfolio then holds in escrow or on consignment. Such items will be shipped in accordance with written instructions from the Seller; but if no such instructions have been received by Collectorsfolio by the time it is ready to ship the items, then it will ship the items to Seller’s most recent address as it appears in Collectorsfolio’s records.

LISTING; SALE TRANSACTIONS; COMMISSIONS.

Collectorsfolio matches Sellers to Buyers and brokers transactions between them. The exact functions we perform are described on the Site, as is our commission structure.

For Sellers: By listing any item for sale on the Site, you warrant to Collectorsfolio that you have the legal authority to sell the item. You must describe your listed item(s) and all terms of sale in your listing, as further described on the Site. If you accept an offer to buy, you are obligated to complete the transaction (through Collectorsfolio) unless (i) the transaction is prohibited by law or this Agreement, or (ii) the Buyer materially modifies the terms and conditions of the Buyer’s offer after acceptance. An offer to sell any item may be retracted at any time prior to its acceptance.

For Buyers: If you make an offer and the offer is accepted, you are obligated to complete the transaction through (through Collectorsfolio) and to be bound by the terms and conditions specified by the Seller, unless (i) the transaction is prohibited by law or this Agreement, (ii) the Seller materially changes the item’s description, or (iii) a typographical error exists in the listing information which materially affects the terms of sale. An offer to buy may be retracted at any time prior to acceptance by the Seller.

Collectorsfolio will ship Buyer’s item(s) via a recognized delivery method and Buyer’s signature will be necessary to confirm that Buyer has received the item(s). Buyer has ten (10) days from receipt of the item(s) in which to examine and return any item(s) for any reason. Buyer shall be responsible for shipping charges for returning any item(s) to Collectorsfolio; Collectorsfolio shall pay to ship any returned item to Seller. Any such returned item(s) must be in the same condition as such items were when shipped by Collectorsfolio in order for any returns to be accepted. Upon our acceptance of a return, the purchase price will be promptly refunded to Buyer.

By registering on the Site and in commencing a transaction you agree to use the Services to conclude such transaction and to make or receive applicable payments. You also agree not to take any action, directly or indirectly, to circumvent the commission payable to Collectorsfolio. We reserve the right to remove from any Buyer/Seller communications any information that in our opinion might be used for the purpose of such circumvention. Buyer shall notify Collectorsfolio if Buyer is asked to make payment directly to any Seller; Seller shall notify Collectorsfolio if Seller is asked to be paid directly by any Buyer.

Collectorsfolio is not and shall not be deemed a party to any purchase or sale agreement between a Buyer and a Seller. However, Collectorsfolio shall be deemed a third-party beneficiary of every such contract. This designation is for the purpose of allowing Collectorsfolio to enforce contract provisions that benefit Collectorsfolio.

While Collectorsfolio guarantees the authenticity and completeness of items purchased through the Services, it does not guarantee their quality, safety or legality of any items listed for sale by any Seller. Moreover, because user authentication on the Internet is difficult, Collectorsfolio cannot and does not guarantee the purported identity of any Buyer or Seller.

FOR EVERY TRANSACTION THAT IS COMMENCED THROUGH COLLECTORSFOLIO, YOU MUST MAKE YOUR OWN INDEPENDENT DETERMINATION REGARDING THE STATEMENTS, ITEM DESCRIPTIONS AND/OR THE REPRESENTATIONS OF THE OTHER PARTY AND THE PARTY’S ABILITY TO PAY FOR OR DELIVER THE ITEM(S) OFFERED. PLEASE USE CAUTION AND COMMON SENSE WHEN INTERACTING WITH OTHER USERS OR OTHERWISE WHEN USING THE SITE AND/OR THE SERVICES.

COLLECTORSFOLIO NOT RESPONSIBLE IN DISPUTES BETWEEN USERS.

You hereby release Collectorsfolio and its officers, directors, employees, agents, parents, subsidiaries, partners and affiliates from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute between you and any other user concerning a transaction effected on the Site. If you are a California resident, you hereby waive the benefit of California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing this release, which if known by him must have materially affected his settlement with the debtor."

INTELLECTUAL PROPERTY.

The Site and all Content contained on the Site (other than User-Generated Content, as defined below) are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. "Content" means all of the software and code comprising or used to operate the Site and/or the Services, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on the Site or through the Services (other than User-Generated Content). Collectorsfolio retains all rights in the Content on the Site and no license with respect thereto is granted to you. Without limitation of the foregoing, none of the Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without Collectorsfolio’s express prior written permission.

The Collectorsfolio names and logos, all custom graphics and all trademarks, service marks and logos appearing on the Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Collectorsfolio and may not be used in any manner without Collectorsfolio’s prior written consent. Any other trademarks, company names, logos, service marks and/or trade dress contained on or otherwise accessed through the Site or the Services are the property of their respective owners and may not be used in any manner without their prior written consent.

RESTRICTIONS ON YOUR USE OF THE SITE AND THE SERVICES.

You agree not to submit, as part of your use of the Site or the Services, any material that is illegal, misleading, defamatory, indecent or obscene, threatening, infringing of any third party proprietary rights, invasive of personal privacy, or otherwise objectionable. You may not use the Site or the Services for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation. You may not use the Site, the Services or any Content to compete in any manner with Collectorsfolio. You may not attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data mining," "computer code" or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Site, the Services or any Content.

You may not use the Site or the Services in a manner that would violate the security of this Site or attempt to gain unauthorized access to the Site, data, materials, information, computer systems or networks connected to any server associated with the Site through hacking, password mining or any other means. You may not impersonate any person or entity, or falsely state or otherwise represent an affiliation with a person or entity. You will not upload or transmit through the Site any computer viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. You may not interfere with, attempt to interfere with or otherwise disrupt the proper working of the Site, the Services or any other activities conducted on or through the Site or any servers or networks connected to the Site.

USER-GENERATED CONTENT.

Collectorsfolio provides areas on the Site through which Users communicate information regarding items for sale including, without limitation, comments and feedback with respect to such items and/or with respect to a Seller associated therewith. Users may also submit content to the Site’s discussion forums. All such submissions by Users are referred to herein as "User-Generated Content." You are responsible for User-Generated Content that you post on the Site and you hereby indemnify and hold Collectorsfolio harmless with respect thereto.

Before submitting any User-Generated Content, you should be aware that you can be held personally liable for content that is defamatory or obscene or that violates this Agreement, an obligation of confidentiality, or the rights of others. If any part of the User-Generated Content you submit is not your original work, it is your responsibility to obtain any necessary permissions before you post such User-Generated Content on the Site.

Without limitation of the foregoing, you may not submit User-Generated Content that is illegal, misleading, false, fraudulent (including, without limitation, in connection with the impersonation of another person or entity), defamatory, indecent or obscene, in poor taste, threatening, infringing of any third party proprietary, confidentiality or fiduciary rights, invasive of personal privacy, or that relates to any person under the age of 18 or is otherwise objectionable. In addition to and without limitation of the foregoing, you may not submit User-Generated Content that is used for spamming purposes including, without limitation, any unsolicited commercial e-mail, links to comment spam on blogs and social networks, links to any illegal content such as counterfeit pages or so-called "phishing" pages, links to viruses, adware, spyware or other malicious code, or search engine spamming or that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or that contains any request for or solicitation of any personal or private information from any person or entity, that contains any request for or solicitation of money, goods, or services for private gain, that contains advertising, promotions or marketing, or which otherwise has a commercial purpose inconsistent with the purposes of the Site.

You own the copyright in any original User-Generated Content you submit on or through the Site. However, by uploading, posting, transmitting or otherwise making any User-Generated Content available on or through the Site, you are granting Collectorsfolio a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use such User-Generated Content for whatever purpose Collectorsfolio may choose, without any compensation to you. For this reason, you should not submit any User-Generated Content that you do not wish to license to Collectorsfolio including, without limitation, any confidential information or ideas.

Collectorsfolio may disclose and/or remove User-Generated Content without any notice to you. Collectorsfolio reserves the right (but does not have the obligation) to monitor all User-Generated Content. Collectorsfolio reserves the right to require that you avoid certain subjects, if doing so will help ensure compliance with applicable laws. Collectorsfolio reserves the right (but does not assume the obligation) to remove or block any User-Generated Content at any time without any notice to you at its sole discretion. Collectorsfolio reserves the right to disclose any User-Generated Content and the identity of the User who submitted such User-Generated Content in response to a subpoena or whenever disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of Collectorsfolio or others, or to enforce the terms of this Agreement. In addition, Collectorsfolio reserves the right (but does not assume the obligation) to terminate your access to and use of the Site and/or the Services, or to censor, edit or block your transmissions thereto in its sole discretion. You agree that the exercise of such discretion shall not render Collectorsfolio the owners of any User-Generated Content, and the User who made such User-Generated Content available on or through the Site will retain ownership thereof as described above.

You may report objectionable User-Generated Content on the Site by contacting Collectorsfolio. Collectorsfolio does not have any obligation to remove any User-Generated Content from the Site but Collectorsfolio will review all such requests and will remove content that Collectorsfolio determines should be removed, in its sole discretion, in accordance with the terms of this Agreement and in accordance with applicable law.

You may not include any link to a third-party website in any User-Generated Content.

DISCLAIMER AND LIMITATION OF LIABILITY.

THE SITE AND/OR THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. COLLECTORSFOLIO IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

YOU HEREBY EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND/OR THE SERVICES IS AT YOUR SOLE RISK. NEITHER COLLECTORSFOLIO, ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, WARRANTS THAT THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO ANY OF THE AFORESAID MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE OR THE SERVICES.

THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY COLLECTORSFOLIO, ITS EMPLOYEES, AGENTS (INCLUDING REPRESENTATIVES OR GUIDES), THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. WITHOUT LIMITATION OF THE FOREGOING, COLLECTORSFOLIO IS NOT RESPONSIBLE OR LIABLE IN ANY WAY IF ANY INFORMATION PROVIDED BY ANY USER OR SERVICE PROVIDER IS INACCURATE IN ANY WAY.

COLLECTORSFOLIO DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED IN USER GENERATED CONTENT AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF COLLECTORSFOLIO.

COLLECTORSFOLIO IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER GENERATED CONTENT. ALTHOUGH COLLECTORSFOLIO INCLUDES STRICT PROVISIONS REGARDING USER GENERATED CONTENT IN THIS AGREEMENT, COLLECTORSFOLIO DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR WHAT USERS POST ON OR THROUGH THE SITE AND IS NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, INFRINGING OR OTHERWISE OBJECTIONABLE OR ILLEGAL USER GENERATED CONTENT YOU MAY ENCOUNTER ON THE SITE OR IN CONNECTION WITH YOUR USE OF THE SITE OR THE SERVICES

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL COLLECTORSFOLIO, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE SERVICES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICES INCLUDING, BUT NOT LIMITED TO, RELIANCE BY YOU ON ANY INFORMATION OBTAINED THROUGH THE SITE OR THE SERVICES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COLLECTORSFOLIO’S RECORDS, PROGRAMS OR SERVICES. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES COLLECTORSFOLIO’S LIABILITY IS HEREBY LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

INDEMNITY.

You hereby warrant and represent to Collectorsfolio that you have all necessary rights to submit your User-Generated Content to the Site and that such User-Generated Content does not violate the terms of this Agreement. You hereby agree to indemnify and hold Collectorsfolio harmless from all costs and claims that may be asserted against Collectorsfolio and arise out of your User-Generated Content or your use of the Site or any Services (a "Third-Party Claim"). At the request of Collectorsfolio, you will at your sole expense pick up the defense of any Third-Party Claim (including the expense of any investigation of a Third-Party Claim), with counsel selected by Collectorsfolio.

NO WAIVER.

No action taken by Collectorsfolio pursuant to this Agreement, and no waiver by Collectorsfolio whether express or implied, of any provision or right in this Agreement or any breach thereof, and no failure of Collectorsfolio to exercise or enforce any of Collectorsfolio’s rights under this Agreement, will constitute a continuing waiver with respect to such provision or right or as a breach or waiver or any other provision or right, whether or not similar.

SEVERABILITY.

If any covenant or provision of the Agreement is determined to be void or unenforceable in whole or part, then such void or unenforceable covenant or provision shall be deleted from this Agreement and shall not effect or impair the enforceability or validity of any other covenant or provision of this Agreement or any part thereof.

GOVERNING LAW.

This Agreement is governed by the laws of the State of New York (without regard to its choice of law rules).

ARBITRATION.

For the purposes of this Arbitration clause:

"Arbitration" means an arbitration proceeding conducted by the American Arbitration Association under its then current commercial arbitration rules ("AAA Rules"), as supplemented by the provisions of this clause.

"Dispute" means a disagreement between us that arises out of your use of the Site or the Services and which proves to be incapable of resolution by prior, good-faith negotiations between us within 15 business days after one party notifies the other in writing of the disagreement.

WE AND YOU IRREVOCABLY AGREE TO SUBMIT ALL "DISPUTES" TO "ARBITRATION", AND EACH PARTY IRREVOCABLY WAIVES ALL RIGHTS TO LITIGATE ANY "DISPUTE" IN A COURT OR ANY FORUM OTHER THAN "ARBITRATION" AS PROVIDED IN THIS ARBITRATION CLAUSE. Either party may initiate Arbitration by making application to the AAA. Such application may be made at any time after the expiration of the 15-day negotiation period referred to in the preceding definition of "Dispute", but may not be made more than 90 days after the expiration of such 15-day period. This 90-day limitation shall be interpreted as an absolute limitation, which shall not be stayed or tolled by any circumstance and after whose expiration (absent the commencement of an Arbitration during the 90-day period) neither party shall have any further right to proceed against the other in any forum for any reason, in respect of such Dispute.

In any Arbitration, the following rules shall supplement the AAA Rules:

- There shall be a single Arbitrator, appointed by the AAA, who must be an expert on collecting, buying and selling rare books in the New York City area. - The Arbitration shall be held in the Borough of Manhattan, New York City; but the Arbitrator may conduct any part of the Arbitration hearings by teleconference if teleconferencing would not jeopardize fairness. - Discovery shall be limited to one set of no more than 30 written interrogatories and one document production request. The Arbitrator shall interpret this provision as a requirement to take any steps necessary to prevent discovery from becoming burdensome. - The parties shall each pay 50% of all fees charged by the AAA and/or the Arbitrator before an award and each party shall pay its own attorneys’ fees; but the Arbitrator may award fees and/or costs to either party, in whole or in part. - The Arbitrator’s award shall be final and not subject to appeal. - The Arbitrator’s award must be in writing and must state in detail the Arbitrator’s reasons for making the award. - The award may be entered as a judgment in any court of competent jurisdiction.

You hereby irrevocably waive any objection to arbitration in the Borough of Manhattan on the grounds of forum non conveniens or the like.