YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS.

You and LTI agree that you will resolve any past or present claims relating to these Terms or our Services through final and binding arbitration, other than claims brought in small claims court or claims solely for injunctive relief or intellectual property disputes.

You have the right to opt out of these arbitration terms, and future changes to these arbitration terms, by notifying us in writing within thirty (30) days of the date that you first access the Services. Your written notification must include your name and address, as well as a clear statement that you do not wish to resolve disputes with LTI through arbitration. If you do not opt out within thirty (30) days of the date you first access the Services, then you accept all terms and conditions of the arbitration and dispute resolution procedures described in the Terms.

Before initiating a formal action against LTI, including but not limited to a suit or arbitration, you agree to try to resolve the dispute informally by sending LTI notification by certified mail containing your name, a description of the dispute, the relief you seek, and the best method to contact you regarding your dispute. If we are unable to resolve this dispute in the greater of 60 days or such time as we may mutually agree to resolve the dispute, you may bring a formal proceeding. Any statute of limitations will be tolled during such informal efforts.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules, as modified by these Terms. Proceedings shall be conducted before a single arbitrator selected by mutual agreement of the parties from the AAA National Roster. In the case of face-to-face arbitration proceedings, the proceedings shall be conducted in Los Angeles County, California. Each party is responsible for the party’s own attorneys’ fees and expenses, and LTI will not pay your attorneys’ fees or expenses except to the extent ordered to do so by the arbitrator. In the event the arbitrator determines the claim you asserted in the arbitration to be frivolous or brought for an improper purpose, or otherwise finds in LTI’s favor, you agree to reimburse LTI for all fees associated with the arbitration, including without limitation, attorneys’ fees and expenses.

The arbitrator shall not be permitted to grant injunctive relief (unless the parties mutually agree otherwise) and in any dispute involving monetary and injunctive claims, the monetary claims must be finally resolved in arbitration before seeking injunctive relief in court to the extent permitted by law. The arbitrator’s award shall be final and binding, and judgment on the award may be entered in any court having jurisdiction thereof.

Unless applicable law provides otherwise, the arbitration proceeding and all records pertaining to it—including but not limited to any documents prepared or produced in connection with the arbitration proceeding, as well as the hearing and the arbitration award—will be confidential and will not be disclosed to any third party, except as necessary to obtain court confirmation of the arbitration award.

These Terms shall be governed by the laws of the State of California, without regard to choice of law rules or principles. Except where a claim must be brought in arbitration or small claims court under these Terms, or to the extent the requirement to arbitrate is held unenforceable or invalid for any reason, proceedings may be commenced only in a federal or state court located within Los Angeles County, California and you and LTI each consent to the jurisdiction of those courts for such purposes.

You and LTI also agree that, to the fullest extent permitted by applicable law, any proceeding to resolve any dispute, claim, or controversy will be brought and conducted only in the respective party’s individual capacity and not as part of any class (or purported class), consolidated, multiple-plaintiff, or representative action or proceeding (“class action”). You agree to waive the right to participate as a plaintiff or class member in any class action. You expressly waive any ability to maintain a class action in any forum. If the dispute is subject to arbitration, the arbitrator will not have authority to combine or aggregate claims, conduct a class action, or make an award to any person or entity not a party to the arbitration. Further, you and LTI agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a class action.

You agree that a breach of these Terms will cause irreparable injury to LTI for which monetary damages would not be an adequate remedy and LTI shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.