11. Dispute Resolution; Class Action Waiver; Governing Law; Jurisdiction and Venue.

a) MANDATORY BINDING INDIVIDUAL ARBITRATION INSTEAD OF COURT; CLASS ACTION WAIVER. With respect to any claim, controversy, dispute, action, cause of action, issue, or request for relief arising out of or relating in any way to EQUIPTRACK products or services, or from any advertising for any such products or services, including any question regarding the existence, validity, or termination of any agreement, including without limitation, these EQUIPTRACK Terms of Use, as well as any issue regarding the interpretation of this Section 11 (a “Dispute”), you and EQUIPTRACK agree as follows:

i. You and EQUIPTRACK both agree that any Dispute will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if the claims qualify and EQUIPTRACK may pursue a collection action against you in court. You and EQUIPTRACK agree to give up any right to litigate a Dispute in a court or before a jury or to participate in a class action or representative action with respect to a Dispute. This also includes any claims that arose before you accepted these Terms of Use, regardless of whether prior versions of the EQUIPTRACK Terms of Use required arbitration. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) and federal arbitration law apply to this Section 11(a).

ii. You and EQUIPTRACK agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, representative, consolidated or mass action. You shall not join or consolidate claims or arbitrate or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity. If this provision is found to be unenforceable, then the entirety of this Section 11(a) shall be null and void.

iii. If you have a Dispute and elect to seek arbitration or file in small claims court, you must first send to EQUIPTRACK, by certified mail, a written notice of the Dispute that (a) describes the nature and basis of the Dispute; (b) sets forth the specific relief sought and (c) includes a physical address and email address where you may be reached (“Notice”). The Notice must be addressed to: General Counsel, Acela Medical LLC , 151 Orchard Drive, Canton, Georgia, 30115 (“Notice Address”). If EQUIPTRACK and you do not reach an agreement to resolve the Dispute within 60 days after the Notice is received, you or EQUIPTRACK may commence an arbitration proceeding or file in small claims court.

iv. The arbitration will be governed by the AAA’s then current Commercial Arbitration Rules, as modified by these Terms of Use, and will be administered by the AAA. In the event of any conflict between these Terms of Use and the AAA Commercial Arbitration Rules, the terms of these Terms of Use will apply. If the value of the claims is less than or equal to $50,000, the Dispute will be heard by a sole arbitrator, appointed in accordance with the AAA Commercial Arbitration Rules. If the value of the claims is greater than $50,000, the Dispute will be heard by a panel of three arbitrators, with each party appointing an arbitrator and the party-appointed arbitrators selecting a third arbitrator to serve as the chairperson. Any hearing shall take place in Washington, D.C.

v. The arbitrator(s) shall apply the law specified in Section 11(b) of these Terms of Use. The arbitrator(s) can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief), and must follow the terms of these Terms of Use as a court would. Except for any relief required by statute, the arbitrator(s) may not award relief in excess of or contrary to what these Terms of Use provide or order consolidation or arbitration on a class wide or representative basis.

vi. Any arbitration will be confidential. Neither you, EQUIPTRACK, the AAA nor the arbitrator(s) may disclose the existence, content (including any oral or written submissions) or results of any arbitration, except as may be required by law or for purposes of enforcing or challenging the arbitration award.

vii. Judgment on any arbitration award may be entered in any court having proper jurisdiction. You and EQUIPTRACK agree that arbitration is final and binding and subject to only very limited review by a court. You and EQUIPTRACK waive the right to any form of appeal, review or recourse to any court or other judicial authority.

b) Governing Law. By using this Site, you agree that the Federal Arbitration Act, applicable federal law, and laws of the Commonwealth of Virginia, without regard to its conflict of laws rules, including, but not limited to, the Uniform Computer Information Transactions Act (“UCITA”), will govern these Terms of Use, as well as any Dispute that might arise between you and EQUIPTRACK.

c) Jurisdiction and Venue. If for any reason a Dispute proceeds in court rather than in arbitration or small claims court, each party waives any right to a jury trial and agrees that any such proceeding shall be conducted only on an individual basis and not in a class, representative, consolidated or mass action. Under such circumstances, except for a collection action by EQUIPTRACK, you and EQUIPTRACK agree that the jurisdiction and venue shall be vested exclusively in the state courts in Fairfax County, Virginia, or the U.S. District Court for the Eastern District of Virginia, Alexandria Division. If any part of this Section 11(c) is found to be unenforceable, the remainder of Section 11 and this Section 11(c) shall still be given full force and effect.