Dispute Resolution

PLEASE REVIEW THIS SECTION CAREFULLY. AS DESCRIBED BELOW, IT (i) LIMITS YOUR ABILITY TO LITIGATE CERTAIN CLAIMS IN COURT; (ii) LIMITS YOUR ABILITY TO COMBINE CLAIMS AND TO BRING CLAIMS THROUGH CLASS ACTIONS AND (iii) LIMITS YOUR ACCESS TO A JURY TRIAL.

Arbitration. To the extent permitted by applicable law, you agree that any claim, dispute or controversy of any kind, regardless of the type of claim or legal theory or remedy (“Claim”) by either you or us against the other arising from, relating to or in any way concerning your use of the Website, these Terms of Use, our Privacy Policy (available at https://rpotential.ai/privacy) and all matters relating to your access to, and/or use of, the Website, at the demand of either party, be resolved by confidential binding arbitration. Arbitration includes but is not limited to:

• Claims relating to the enforceability or interpretation of any of these arbitration provisions;

• Claims by you, and also Claims made on your behalf or connected with you, such as an employee, representative, agent, predecessor, successor, heir, assignee, or trustee in bankruptcy;

• Claims that relate directly to us, and/or to our parent, subsidiaries, affiliates, successors, assignees, employees, and agents; or

• Claims asserted as part of a class action, it being expressly understood and agreed to that the arbitration of such claims must proceed on an individual (non-class and non-representative) basis and the arbitrator may award relief only on an individual (non-class and non-representative) basis.

YOU AND WE AGREE THAT NO CLASS ACTION, CONSOLIDATED ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE CLAIMS MAY BE PURSUED IN ARBITRATION, NOR MAY SUCH ACTIONS BE PURSUED IN COURT. BY ACCEPTING THIS ARBITRATION PROVISION, YOU AGREE TO WAIVE THE RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR CONSOLIDATED ARBITRATION IN ANY MATTER ENCOMPASSED BY THIS ARBITRATION PROVISION.

NOTICE. The party seeking relief under these Terms of Use must first notify the other party of the Claim in writing at least 60 days in advance of initiating any action. Notices to the Company must be sent to r.Potential Inc., Attention: General Counsel; 4800 Deerwood Campus Parkway, Building 800, Jacksonville, Florida 32246.

The notice must include your name, address, and contact information, the facts giving rise to the Claim, and the relief requested. We may direct any Notices to you at the mailing address or e-mail address that you most recently provided to us. You and we will use reasonable efforts to resolve any Claim through informal negotiation within 60 days from the date the notice of Claim is sent.

Administration of Arbitration. If any dispute is not resolved by informal negotiation, any claim, dispute, or controversy will be, at the demand of either party, conducted exclusively by binding arbitration governed by the Federal Arbitration Act (“FAA”), and not state law. YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY.  Instead, all disputes will be resolved on an individual basis before a single, neutral arbitrator and the proceeding will be confidential.  The arbitrator will be either a lawyer admitted to practice law in his or her jurisdiction and with at least ten years’ experience or a retired or former judge selected in accordance with the rules of the AAA, except in the event of a dispute between an applicant or an employee and us, the AAA Employment Arbitration Rules would apply.  The arbitrator is bound by the terms of this provision, and the arbitration will be governed by the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes of the AAA.  For more information, see adr.org or call 1-800-778-7879.  All arbitration proceedings will be conducted in English, and the United States FAA will govern the interpretation, enforcement, and proceedings pursuant to this binding arbitration provision.  The arbitration shall be conducted in the county or parish in which you reside.  The award will be confidential and only disclosed as is necessary to obtain judgment or as otherwise required by law.  You and we further agree that a judgment may be entered upon the award by any court having jurisdiction.  The arbitration award will determine the rights and obligations between the named parties only, and only in respect to the claims in arbitration, and will not have any bearing on the rights and obligations of any other dispute.  In the event of a conflict between the Arbitration Rules and this provision, this arbitration provision will govern.

Costs. Company will bear the expense and fees for the arbitrator and other incidental costs (including any filing fees or administration fees) that would not be incurred in a court proceeding.  Each party shall otherwise bear the expense of their respective attorneys, experts, and witnesses and other expenses, regardless of who prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.

Severability. If any term or section of this Dispute Resolution provision is found to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or section of this Dispute Resolution provision and will be eliminated to the minimum extent necessary.  If any portion of this Dispute Resolution provision is deemed invalid or unenforceable, it will not invalidate the other provisions of these Terms of Use; provided, however, that (i) if the prohibition on class-wide arbitration is deemed invalid, then this entire arbitration provision will be null and void; and (ii) if the prohibition on arbitration of representative claims brought in a private attorney general capacity is deemed invalid, then the arbitration provision will be null and void as to such claims only.  This arbitration agreement will survive the termination or cancellation of these Terms of Use.  In the event of a conflict between this arbitration agreement and any other applicable arbitration provision, this arbitration agreement will control.

CLASS ACTION WAIVER. Each of us expressly agree that any dispute or controversy arising out of or relating to these Terms of Use, your use of or inability to use the Website, the Website’s content or services must be brought in the respective party's individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding ("Class Action").  Each of us expressly agree to waive any ability to maintain any Class Action in any forum raising a Claim covered by this Section.  Notwithstanding any other provision of these Terms of Use to the contrary, any Claim, dispute, or controversy alleging that all or part of the Class Action waiver contained in this Section is invalid, illegal, unenforceable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

WAIVER OF JURY TRIAL. UNLESS APPLICABLE STATE LAW REQUIRES THE APPLICATION OF THE LAW OF THAT OR SOME OTHER STATE, IF FOR ANY REASON A CLAIM PROCEEDS IN COURT, YOU AND WE AGREE THAT THERE WILL NOT BE A JURY TRIAL.  YOU AND WE UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THESE TERMS OF USE OR FROM SERVICES YOU RECEIVE FROM US (OR FROM ANY ADVERTISING FOR ANY SUCH SERVICES).  IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL GOVERNED BY THE LAWS SET FORTH IN THE “GOVERNING LAW AND JURISDICTION” SECTION BELOW, WITHOUT REGARD TO THE PRINCIPLES OF CONFLICT OF LAWS.