ARBITRATION; CLASS ACTION WAIVER; AND WAIVER OF JURY TRIAL.

Effective Date: January 7, 2023

1. Applicability and Scope of Arbitration Agreement.
In this Section (the “Arbitration Agreement”), You and Everyware, (including Everyware members, managers, officers, employees, affiliates, parent companies, subsidiaries, contractors, licensors, and suppliers (collectively the “Everyware Parties”) agree that all Claims and disputes (whether contract, tort, or otherwise), including all statutory Claims and disputes, arising out of or relating to this Agreement or the use of the Services that cannot be resolved in small Claims court will be resolved by binding arbitration on an individual basis, except that you and Everyware Parties are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. To be clear: the phrase “all Claims and disputes” also includes Claims and disputes that arose between us before the effective date of this Agreement. In addition, all disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability, or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.

2. Arbitration Rules.
The Federal Arbitration Act, including its procedural provisions, governs the interpretation and enforcement of this dispute-resolution provision, and not state law. Arbitration will be conducted by the American Arbitration Association (“AAA”) (https://adr.org/). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum, and if they cannot agree, will ask the court to appoint an arbitrator pursuant to 9 U.S.C. § 5. If you are an individual, the AAA’s Consumer Arbitration Rules will govern all aspects of this arbitration, except to the extent those rules conflict with this Agreement. If you are a business entity, the AAA’s Commercial Arbitration Rules will govern all aspects of this arbitration, except to the extent those rules conflict with this Agreement. In either case, the arbitration will be conducted by a single neutral arbitrator. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

3. Fees.
The AAA sets forth fees for its services, which are available at https://adr.org/sites/default/files/Consumer_Fee_Schedule_2.pdf. If Everyware is the party initiating an arbitration against a User who is an individual, Everyware will pay all costs associated with the arbitration, including the entire filing fee. If a User who is an individual is the party initiating an arbitration against the Everyware Parties, you will be responsible for the $200 nonrefundable Consumer Case Filing Fee, and Everyware will pay all other fees required by the AAA Consumer Arbitration Rules. Business entities will be responsible for their share of any arbitration costs no matter who initiates the arbitrations. Any party may make a request that the arbitrator award attorneys’ fees and costs to the prevailing party or upon proving that the other party has asserted a Claim, cross-Claim, or defense that is groundless in fact or law, brought in bad faith, or for the purpose of harassment, or is otherwise frivolous, unless prohibited by applicable law and the applicable AAA Arbitration Rules.

4. Authority of the Arbitrator.
The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and the Everyware Parties. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any Claim or dispute. The arbitrator may award any relief allowed by law or the applicable AAA Arbitration Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the Claimant’s individual Claim. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and the Everyware Parties.

5. Waiver of Jury Trial.
YOU AND EVERYWARE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Everyware are instead electing to have Claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Everyware over whether to vacate or enforce an arbitration award, YOU AND Everyware WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

6. Waiver of Class or Consolidated Actions.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead, all Claims and disputes will be resolved in a court.

7. Confidentiality.
Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. Notwithstanding the foregoing, no party shall be prevented from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

8. Venue.
Individuals making an arbitration Claim will have the option of initiating an arbitration Claim in their state of residence (so long as it is a U.S. State or the District of Columbia), or in the venue established in Section. Business entities making an arbitration claim will be required to use the venue established in Section.

9. Small Claims Court.
Notwithstanding the foregoing, either you or Everyware may bring an individual action in small claims court, so long as that claim is filed and maintained under the laws of Texas and in Travis County, Texas.

10. Survival.
This arbitration agreement will survive the termination of your relationship with the Everyware Parties FOR ALL MERCHANTS PROVIDING ANY SERVICE TO CONSUMERS, CONDITION OF CONTRACT REQUIRES THAT MERCHANT PROVIDE CLASS ACTION WAIVER LANGUAGE THAT INCLUDES RIGHT OF REFUSAL (below is templar): If you don’t want this Arbitration Provision (and any prior arbitration agreement between you and us ("Prior Arbitration Agreement")) to apply, you may reject it by mailing us a written rejection notice which gives your name and contains a statement that you (both of you, if more than one) reject the Arbitration Provision of this Agreement. The rejection notice must be sent to us at _(name of Merchant’s Notice /legal department. A rejection notice is only effective if it is signed by you (all of you, if more than one) and if we receive it within 30 calendar days after the date we first provide you with a (type of agreement or written notice ) providing you a right to reject this Arbitration Provision. Your rejection of this Arbitration Provision will not affect any other provision of this Agreement or your ability to obtain credit.