LEGAL NOTICE ARBITRATION AGREEMENT

I understand and agree to the terms and conditions of use, which include a mandatory arbitration agreement, and our Privacy Policy.

ARBITRATION AGREEMENT

By using this Site, You and we, Esserman International (the Dealership) agree that any controversy, claim, suit, demand, dispute, counterclaim, cross claim, or third-party complaint, (1) arising out of, or relating to the Site, your use of the Site, a contemplated transaction for a vehicle or other goods or services, or any related services, such as a credit application, including any efforts to finance or obtain financing for a vehicle, or (2) any controversy, claim, suit, demand, dispute, counterclaim, cross claim, or third-party complaint arising from or relating to the parties’ relationship (whether statutory, in contract or tort, and irrespective of whether the financing approval was actually obtained), including, but not limited to, any matter that may have induced you the Customer to enter into a relationship with the Dealership (collectively referred to as “Claim”), and/or (3) any controversy, claim, suit, demand, dispute, counterclaim, cross claim, or third-party complaint arising from or relating to the validity and enforceability of or gateway questions of arbitrability under this arbitration provision, shall be submitted to final and binding arbitration in the county and state where Dealership is situated.

This Agreement to Arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. §1, et seq. and not by any state rule or statute governing arbitration. This agreement to arbitrate shall survive consummation and/or termination of the contemplated transaction and/or efforts to finance or obtain financing for a vehicle or he purchase of any product, goods, or services. The Parties agree that Claims shall be arbitrated by a single arbitrator on an individual basis and not as a class, mass, or collective action. The Parties agree that the arbitrator may not consolidate proceedings of more than one person’s claims. YOU EXPRESSLY WAIVE ANY RIGHT TO ARBITRATE A CLASS, MASS, or COLLECTIVE ACTION OR TO A JURY TRIAL. Arbitration shall be administered by either: JAMS Arbitration, Mediation, and ADR Services, 600 Brickell Ave., Suite 2600, Miami, FL 33131 (www.jamsadr.com) or any other nationally recognized organization that the parties may choose subject to mutual approval. Arbitration shall be administered according to the arbitration service’s then current applicable rules and procedures except the parties expressly waive the applicability of any rule governing class, mass, or collective action. Customer can obtain a copy of the applicable rules by contacting the arbitration organization or visiting its website. Arbitration fees shall be administered according to the arbitration service’s fee schedule and then current applicable rules. The arbitrator shall be selected pursuant to the applicable rules and shall establish the procedure and scheduling of the arbitration, bearing in mind its expedited nature. The arbitrator shall be guided by the ethical rules of the selected arbitration service, the federal rules of evidence and the governing substantive law in making an award. The arbitrator’s award shall be final and binding on all parties. Any state or federal court having jurisdiction may enter judgment on the arbitrator’s award. To the extent that any part of this agreement is ruled illegal or unenforceable by the arbitrator or any other finder of fact or law, such clause shall be deemed severed and the remaining provision shall survive. IF A DISPUTE IS ARBITRATED ACCORDING TO THIS PROVISION, YOU UNDERSTAND AND AGREE: (1) TO RESOLVE ALL DISPUTES WITH DEALER BY BINDING ARBITRATION RATHER THAN IN COURT; (2) THAT YOU GIVE UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLAIM AGAINST DEALER, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL OR CLASS CLAIMS OR OF MASS ACTION CLAIMS; (3) THAT OTHER RIGHTS YOU AND WE MIGHT HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION, FOR EXAMPLE, THE AMOUNT OF DISCOVERY; AND (4) THAT YOU HEREBY EXPRESSLY WAIVE ANY AND ALL RIGHT TO A JURY TRIAL ON ANY CLAIM, REGARDLESS OF THE ENFORCEABILITY OF THIS ARBITRATION PROVISION.