Terms + Conditions

You and Big Bang Art, Inc. agree that, except as set forth below, we will resolve any Disputes between us (including any disputes between you and a Big-branded third-party agent) Bang Art, Inc.) through binding and final arbitration instead of through court proceedings. You and Big Bang Art, Inc. hereby waive any right to a jury trial of any claim (defined below). Any and all disputes, controversies, claims, counterclaims, or other disagreements that may arise between you and Big Bang Art, Inc. or you and a third-party agent of Big Bang Art, Inc. (a "Claim") will be resolved exclusively by final and binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA Rules")). The arbitration will be heard and determined. by a single arbitrator. The arbitrator's decision in any such arbitration will be final and This agreement is binding upon the parties and may be enforced in any court of competent jurisdiction. T he The parties agree that the arbitration proceedings will be kept confidential and that the existence Any element of the proceeding and any element of it (including, without limitation, any pleadings, briefs or Other documents submitted or exchanged, as well as any testimony or oral submissions This will not be disclosed beyond the arbitration proceedings, except as may lawfully be judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of security regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law applies to this agreement. However, the arbitrator, and not any federal, state, or local court or The agency shall have the exclusive authority to resolve any dispute relating to the These terms' interpretation, applicability, enforceability, or formation, including but not limited to limited to, a claim that all or any part of these terms is void or voidable.

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If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Big Bang Art, Inc. will pay as much of the administrative costs and arbitrator's fees required f or the arbitration as the arbitrator deems necessary to prevent t he cost of the arbitration from being prohibitive. In the f final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

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This arbitration agreement does not preclude you or Big Bang Art, Inc. from seeking action. by federal, state, or local government agencies. You and Big Bang Art, Inc. also have the The ability to file qualifying claims in small claims court.In addition, you and Big Bang Art, Inc. We retain the right to apply to any court of competent jurisdiction for provisional relief, including Any request for pre-arbitral attachments or preliminary injunctions shall be denied. deemed incompatible with these terms and conditions, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms and Conditions.

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Neither you nor Big Bang Art, Inc. may act as a class representative or private attorneygeneral, nor participate as a member of a class of claimants, with respect to any Claim.Claims may not be arbitrated on a class or representative basis. T he arbitrator can decideonly your and/or Big Bang Art, Inc's individual Claims. T he arbitrator may not consolidate orjoin the claims of other persons or parties who may be similarly situated.

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If any provision of this section is found to be invalid or unenforceable, then that specific This provision shall be of no force and effect and shall be severed, but the remainder of this This Section will remain in full force and effect.any reason, a claim proceeds in court. Rather than in arbitration, you and Big Bang Art, Inc. each waive any right to a jury trial. No Any waiver of any provision of this Section of the Terms and Conditions will be effective or null and void. unless recorded in writing and signed by the party waiving such a right or requirement. This waiver does not waive or affect any other provision of the Terms and Conditions. Conditions. The arbitrator may award in the arbitration the same damages or other relief as available under applicable law, including injunctive and declaratory relief were brought into court on an individual basis. Nototwithstanding anything to the contrary in the For the foregoing or herein, the arbitrator may not issue a "public injunction" and any such "public An injunction"may be awarded only by a federal or state court." If either party seeks a "public "All other claims and prayers for relief must be adjudicated in arbitration first and Any request for or claim for a "public injunction" in federal or state court is stayed until the After arbitration is completed, after which the federal or state court can adjudicate the party's claim or prayer for "public injunctive relief." In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator. This is the section of The Terms and Conditions will survive the termination of your relationship with Big Bang Art, Inc.

THIS SECT ION LIMITS CERTAIN RIGHT S, INCLUDING T HE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, EXCEPT AS PROVIDED IN AAA RULES, THE RIGHT TO PARTICIPATE IN CLASS OR REPRESENTATIVE ACTION, AND THE RIGHT TO CERTAIN RELIEF MEANS AND FORMATS OR BIG BANG ART, OT HER RIGHT S T HAT YOU, INC. MAY NOT BE AVAILABLE IN ARBITRATION AS IT WOULD BE IN COURT.