2. Binding Arbitration. If a Dispute cannot be resolved through negotiations, either you or Blizzard may elect to have the Dispute (except as set forth in Section 4 below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. You should review this provision carefully. This arbitration provision limits your and Blizzard’s ability to litigate claims in court and you and Blizzard each agree to waive our respective rights to a jury trial.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (the "AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (the "AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the “FAA”) shall apply to the construction, interpretation, and enforceability of this Agreement notwithstanding any other choice of law provision contained in this Agreement. The arbitrator shall determine the scope and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Commercial Arbitration Rules and, where appropriate, limited by the AAA Consumer Rules. If the arbitrator determines such fees and share of arbitrator compensation to be excessive, Blizzard will pay all arbitration fees and arbitrator compensation. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law. The decision of the arbitrator shall be final and binding on you and Blizzard, and any award of the arbitrator may be entered in any court of competent jurisdiction.
3. Restrictions. You and Blizzard agree that any arbitration shall be limited to the Dispute between Blizzard and you individually. YOU ACKNOWLEDGE AND AGREE THAT:
Any dispute regarding the prohibitions in the prior sections shall be resolved by the arbitrator in accordance with this Agreement.
4. Exceptions to Negotiations and Arbitration. You and Blizzard agree that the following Disputes are not subject to the above provisions concerning negotiations and binding arbitration:
5. Location of Arbitration. If you are a resident of the United States, any arbitration will take place at any reasonable location within the United States convenient for you. For residents outside the United States, any arbitration shall be initiated in the County of Los Angeles, State of California, United States of America. Any Dispute not subject to, shall be decided by a court of competent jurisdiction within the County of Los Angeles, State of California, United States of America, and you and Blizzard agree to submit to the personal jurisdiction of that court.
6. Governing Law.
7. Severability. You and Blizzard agree that if any portion of this Dispute Policy is found illegal or unenforceable, such portion shall be severed and the remainder of this Dispute Policy shall be given full force and effect. Any Dispute subject to any such portion of this Dispute Policy shall be decided by the arbitrator.