DISPUTE RESOLUTION AND ARBITRATION AGREEMENT (a) Agreement to Binding Arbitration Between You and MUV. YOU AND MUV MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16, including both the FAA’s procedural and substantive provisions. If the FAA is inapplicable for any reason, then this Arbitration Agreement is governed by the laws of the State of Texas, including any procedural and substantive provisions, without regard to choice of law principles. For the avoidance of doubt, a court may neither refuse to enforce this Arbitration Agreement, nor refuse to stay arbitration proceedings, pursuant to state law that is inconsistent with the FAA or Texas law (including, for example, pursuant to Texas Code of Civil Procedure. This Arbitration Agreement survives after the Agreement terminates or your relationship with MUV ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and MUV (as defined above) as well as between you and our successors and assigns, employees, agents or shareholders. This Arbitration Agreement also applies to claims between you and MUV’s service providers, including but not limited to background check providers and payment processors; and such service providers shall be considered intended third-party beneficiaries of this Arbitration Agreement. Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the MUV Platform, the Rideshare Services, MUV promotions, gift card, referrals or loyalty programs, any other goods or services made available through the MUV Platform by MUV or a third-party provider, your relationship with MUV, the threatened or actual suspension, deactivation or termination of your user account or this Agreement, criminal background checks and driving history checks performed by or on MUV’s behalf, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by MUV any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act of 1974 (except for individual claims for employee benefits under any benefit plan sponsored by MUV and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. 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. BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND MUV ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate. (b) Prohibition of Class Actions and Non-Individualized Relief. YOU UNDERSTAND AND AGREE THAT YOU AND MUV MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND MUV BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION (B) SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST MUV, WHICH ARE ADDRESSED SEPARATELY IN SECTION 17(C). ALSO NOTWITHSTANDING THE FOREGOING, THE PARTIES MAY AGREE TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims. Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the American Arbitration Association (“AAA”) Rules, disputes regarding the interpretation, applicability, or enforceability of this subsection (b) may be resolved only by a court and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action or otherwise seeks relief that is not limited to the individual party seeking relief, and (2) there is a final judicial determination that this subsection (b) is unenforceable with respect to any Claim or any particular remedy for a Claim (such as a request for public injunctive relief), then that Claim or particular remedy (and only that Claim or particular remedy) shall be severed from any remaining claims and/or remedies and may be brought in a court of competent jurisdiction, but the Class Action Waiver and all other provisions in this subsection (b) shall be enforced in arbitration on an individual basis as to all other Claims or remedies to the fullest extent possible. The Parties agree that a court will decide any Claim or any particular remedy for a Claim severed from any arbitration only after the completion of that arbitration. (c) Representative PAGA Waiver. Notwithstanding any other provision of this Agreement or the Arbitration Agreement, to the fullest extent permitted by law: (1) you and MUV agree not to bring a representative action on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), Texas Labor Code laws, in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, both you and MUV agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law). Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of any waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims or portions of Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (iii) any such representative or private attorneys general act claims or portions of such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claims or portions of Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that any waiver is unenforceable with respect to those Claims or portions of Claims, the Parties agree that litigation of those Claims or portions of Claims shall be stayed pending the outcome of any individual Claims or portions of Claims in arbitration. (d) Pre-Arbitration Process. A party who intends to initiate arbitration must first send to the other a written notice of the dispute (“Notice”). The Notice must (1) describe the factual and legal nature and basis of the claim or dispute; (2) set forth the specific relief sought; and (3) include the name, mailing and email addresses, and phone number of the party sending the Notice. Your Notice to MUV must be personally signed by you (and by your attorney if you are represented by counsel). MUV’s notice to you must be personally signed by a MUV representative (and MUV’s attorney if MUV is represented by counsel). To safeguard your user Account, you might be required to provide both your authentication and consent for us to discuss your user Account or share your user Account information with anyone but you, including an attorney (“Authentication and Consent”). Your Notice to MUV should be sent by email to disputenotice@gottamuv.com. MUV’s notice to you will be sent by email to the most recent contact information that you have provided to MUV. Whoever sends the Notice must give the other party 60 days from receipt of the complete Notice (including the Authentication and Consent, if required) to investigate the claim before commencing an arbitration. The submission of a complete Notice will toll any applicable statute of limitations or other limitations period for the claims and requested relief in the Notice until 60 days from when the other party receives the Notice of Dispute. This Pre-Arbitration Process is essential so that you and MUV have a meaningful chance to resolve disputes informally. If any aspect of these requirements has not been met, a court can enjoin the filing or prosecution of an arbitration or assessment or collection of any arbitration fees in connection with such an arbitration. In addition, unless prohibited by law, the American Arbitration Association (or any other arbitration provider selected by the parties) may not accept, administer, assess, or demand fees in connection with such an arbitration. If the arbitration already is pending, it must be dismissed. If a process arbitrator has been appointed at the request of a party, the process arbitrator also has the same authority as a court to enforce the requirement that arbitration not be commenced until the requirements of this Section 17(d) have been satisfied. (e) Rules Governing the Arbitration. Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the AAA pursuant to its Consumer Arbitration Rules, and, if applicable, its Mass Arbitration Supplementary Rules, that are in effect at the time the arbitration is initiated (the “AAA Rules”), as modified by the terms set forth in this Agreement. Copies of the AAA rules can be obtained at the AAA’s website (www.adr.org). Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event, unless you and MUV agree otherwise, shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of representative, collective, or class proceeding. The parties may select a different arbitration administrator, forum, and/or third party neutral upon mutual written agreement. If the AAA is unable or unwilling to administer the arbitration under this Arbitration Agreement, you and MUV will select another arbitration provider, forum, and/or third party neutral upon mutual written agreement. If there is no agreement, a court will do so. As part of the arbitration, both you and MUV will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. Except as specified in subsections (b) and (c) above, the arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision which shall explain the award given and the findings and conclusions on which the decision is based. The arbitrator will decide the substance of all claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Riders or Drivers, but is bound by rulings in prior arbitrations involving the same Rider or Driver to the extent required by applicable law. The arbitrator’s ruling will not be binding in proceedings involving different Riders or Drivers. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction. (f) Arbitration Fees and Awards. The payment of filing and arbitration fees will be governed by the relevant AAA Rules subject to the following modifications: 1. If MUV initiates arbitration under this Arbitration Agreement, MUV will pay all AAA filing and arbitration fees. 2. With respect to any Claims brought by MUV against a Driver, or for Claims brought by a Driver against MUV that: (A) are based on an alleged employment relationship between MUV and a Driver; (B) arise out of, or relate to, MUV’s actual deactivation of a Driver’s user account or a threat by MUV to deactivate a Driver’s User account; (C) arise out of, or relate to, MUV’s actual termination of a Driver’s Agreement with MUV under the termination provisions of this Agreement, or a threat by MUV to terminate a Driver’s Agreement; (D) arise out of, or relate to, Fares (as defined in this Agreement, including MUV’s commission or fees on the Fares), tips, or average hourly guarantees owed by MUV to Drivers for Rideshare Services, other than disputes relating to referral bonuses, other MUV promotions, or consumer-type disputes, or (E) arise out of or relate to background checks performed in connection with a user seeking to become a Driver (the subset of Claims in subsections (A)-(E) shall be collectively referred to as “Driver Claims”), MUV shall pay all costs unique to arbitration (as compared to the costs of adjudicating the same claims before a court), including the regular and customary arbitration fees and expenses (to the extent not paid by MUV pursuant to the fee provisions above). However, if you are the party initiating the Driver Claim, you shall be responsible for contributing up to an amount equal to the filing fee that would be paid to initiate the claim in the court of general jurisdiction in the state in which you provide Rideshare Services to Riders, unless a lower fee amount would be owed by you pursuant to the AAA Rules, applicable law, or subsection (f)(1) above. Any dispute as to whether a cost is unique to arbitration shall be resolved by the arbitrator. For purposes of this Section 17(f)(2), the term “Driver” shall be deemed to include both Drivers and Driver applicants who have not been approved to drive. 3. Unless applicable law provides otherwise, each party shall pay its own attorneys’ fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the claim(s) were litigated in a court such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.). Notwithstanding the foregoing, an arbitrator may award costs as provided in Federal Rule of Civil Procedure 68 or any state equivalents (which the parties agree shall apply in arbitration). 4. At the end of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to you if you prevail, to the extent authorized by applicable law. 5. Although under some laws MUV may have a right to an award of attorneys' fees and non-filing fee expenses if it prevails in an arbitration, MUV agrees that it will not seek such an award from you unless you are represented by an attorney or the arbitrator has determined that you or your counsel have violated the standards of Federal Rule of Civil Procedure 11(b), which the parties agree shall be applicable in arbitration. 6. If the arbitrator issues you an award that is greater than the value of MUV’s last written settlement offer made after you fully complied with the Pre-Arbitration Process described in subsection (d) above, then MUV will pay you the amount of the award or U.S. $1,000, whichever is greater. In determining whether you are entitled to the minimum $1,000 payment, the arbitrator shall not consider amounts offered or awarded for attorneys’ fees or costs. (g) Location and Manner of Arbitration. Unless you and MUV agree otherwise, the arbitration hearing, if any, between MUV and a Rider will take place in the county of your billing address or by videoconference, and the arbitration hearing, if any, between MUV and a Driver will take place in the county in which the Driver provides Rideshare Services or by videoconference. If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for an AAA arbitration. Your right to the hearing and the format of the hearing will be determined by the AAA Rules. You and MUV agree that you and a MUV representative will personally appear (which can include appearance by videoconference) at the hearing (along with your and MUV’s respective legal counsel, if the parties are represented by counsel). (h) Additional Procedures for Coordinated Claims. If 25 or more claimants submit Notices or seek to file arbitrations raising similar claims and are represented by the same or coordinated counsel (regardless of whether the cases are submitted simultaneously), the AAA’s Mass Arbitration Supplementary Rules, as modified by this Arbitration Agreement, shall apply, and all of the cases must be resolved in arbitration in stages using bellwether proceedings if they are not resolved during the Pre-Arbitration Process. You agree to this process even though it may delay the arbitration of your claim. In the first stage, each side shall select up to 20 cases (40 cases total) to be filed in arbitration. The cases shall be resolved individually by different arbitrators to the extent that the AAA has a sufficient number of arbitrators available. If the AAA does not have a sufficient number of available arbitrators to decide all of the cases filed, the AAA may assign multiple cases to the same arbitrator, but the arbitrator must still resolve each case individually. In the meantime, no other cases may be filed in arbitration, and the AAA shall not accept, administer, or demand payment of fees for arbitrations commenced in violation of this subsection 17(h). After the first stage is completed, the parties must engage in a single mediation of all remaining cases, and MUV will pay the mediation fee. The parties shall attempt to reach agreement on a mutually agreeable mediator. If the parties cannot reach an agreement, AAA will oversee a rank and strike process with the parties and, if no agreeable mediator is chosen, AAA may administratively appoint a mediator. If the parties cannot agree how to resolve the remaining cases after the conclusion of the first stage of bellwether proceedings, the process will be repeated until all claims are resolved, except that in the second and later stages each side shall select up to 50 cases (100 cases total) to be filed in arbitration. Between stages, counsel for the parties shall meet and confer regarding ways to improve the efficiency of the staged proceedings, including whether to further increase the number of cases filed in each stage. If this subsection 17(h) applies to a Notice, the statute of limitations applicable to the claims and relief set forth in that Notice shall be tolled from the date the Notice is sent until that Notice is selected for a bellwether proceeding, withdrawn, or otherwise resolved. A court will have authority to enforce this subsection 17(h), including to enjoin the filing, assessing or demanding fees for, administration of, or prosecution of arbitrations. To the fullest extent permitted by applicable law, the parties consent to the jurisdiction and venue of the courts in Harris County, Texas, to enforce this subsection 17(h). Notwithstanding the foregoing and any other provision of this Arbitration Agreement, if either party requests appointment of a process arbitrator, a process arbitrator may decide issues relating to compliance with the requirements of subsection 17(d) above or this subsection 17(h), or the issues that a process arbitrator may decide under Rule MA-6 of the AAA’s Mass Arbitration Supplementary Rules. This subsection 17(h) and each of its requirements are intended to be severable from the rest of this Arbitration Agreement. If, after exhaustion of all appeals, a court decides that the staging process in this subsection 17(h) is not enforceable, then the cases may be filed in arbitration. (i) Exceptions to Arbitration. This Arbitration Agreement shall not require arbitration of the following types of claims: (1) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction, so long as the action is not removed or appealed to a court of general jurisdiction; (2) a representative action brought on behalf of others under PAGA or other private attorneys general acts, to the extent the representations in Section 17(c) of such action is deemed unenforceable by a court of competent jurisdiction under applicable law not preempted by the FAA; (3) claims for workers’ compensation, state disability insurance and unemployment insurance benefits; (4) claims that may not be subject to arbitration as a matter of generally applicable law not preempted by the FAA; and (5) individual claims of sexual assault or sexual harassment in connection with the use of the MUV Platform, or Rideshare Services. Where these claims are brought in a court of competent jurisdiction consistent with Section 18, MUV will not require arbitration of those claims. MUV’s agreement not to require arbitration of these claims does not waive the enforceability of any other provision of this Arbitration Agreement (including without limitation the waivers provided in Section 17(b)), or of the enforceability of this Arbitration Agreement as to any other dispute, claim, or controversy. Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board (“NLRB”), or Office of Federal Contract Compliance Programs, or similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration However, should you bring an administrative claim, you may only seek or recover money damages of any type pursuant to this Arbitration Agreement, and you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint, except for a complaint issued by the NLRB. Should you participate in an NLRB proceeding, you may only recover money damages if such recovery does not arise from or relate to a claim previously adjudicated under this Arbitration Agreement or settled by you. Similarly, you may not recover money damages under this Arbitration Agreement if you have already adjudicated such claim with the NLRB. Nothing in this Agreement or Arbitration Agreement prevents your participation in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Agreement. (j) Severability. Except as otherwise provided in the severability provisions in subsections (b) and (c) above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the FAA, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect. (k) Driver Claims in Pending Settlement. If you are a member of a putative class in a lawsuit against MUV involving Driver Claims and a Motion for Preliminary Approval of a Settlement has been filed with the court in that lawsuit prior to this Agreement’s effective date (a “Pending Settlement Action”), then this Arbitration Agreement shall not apply to your Driver Claims in that particular class action. Instead, your Driver Claims in that Pending Settlement Action shall continue to be governed by the arbitration provisions contained in the applicable Agreement that you accepted prior to this Agreement’s effective date. (l) Opting Out of Arbitration for Driver Claims That Are Not in a Pending Settlement Action. As a Driver or Driver applicant, you may opt out of the requirement to arbitrate Driver Claims defined in Section 17(f)(2) (except as limited by Section 17(k) above) pursuant to the terms of this subsection if you have not previously agreed to an arbitration provision in MUV’s Terms of Service where you had the opportunity to opt out of the requirement to arbitrate. If you have previously agreed to such an arbitration provision, you may opt out of any revisions to your prior arbitration agreement made by this provision in the manner specified below, but opting out of this arbitration provision has no effect on any previous, other, or future arbitration agreements that you may have with MUV. If you have not previously agreed to such an arbitration provision and do not wish to be subject to this Arbitration Agreement with respect to Driver Claims, you may opt out of arbitration with respect to such Driver Claims, other than those in a Pending Settlement Action, by notifying MUV in writing of your desire to opt out of arbitration for such Driver Claims, which writing must be dated, signed and delivered by electronic mail to arbitrationoptout@gottamuv.com. In order to be effective, (A) the writing must clearly indicate your intent to opt out of this Arbitration Agreement with respect to Driver Claims that are not part of a Pending Settlement Action, (B) the writing must include the name, phone number, and email address associated with your User Account, and (C) the email containing the signed writing must be sent within 30 days after the date this Agreement is executed by you. Should you not opt out within the 30-day period, you and MUV shall be bound by the terms of this Arbitration Agreement in full (including with respect to Driver Claims that are not part of a Pending Settlement Action). As provided in paragraph 17(k) above, any opt out that you submit shall not apply to any Driver Claims that are part of a Pending Settlement Action and your Driver Claims in any such Pending Settlement Action shall continue to be governed by the arbitration provisions that are contained in the applicable MUV Terms of Use that you agreed to prior to the effective date of this Agreement. Cases have been filed against MUV and may be filed in the future involving Driver Claims. You should assume that there are now, and may be in the future, lawsuits againstMUV alleging class, collective, and/or representative Driver Claims in which the plaintiffs seek to act on your behalf, and which, if successful, could result in some monetary recovery to you. But if you do agree to arbitration of Driver Claims with MUV under this Arbitration Agreement, you are agreeing in advance that you will bring all such claims, and seek all monetary and other relief, against MUV in an individual arbitration, except for the Driver Claims that are part of a Pending Settlement Action. You are also agreeing in advance that you will not participate in, or seek to recover monetary or other relief, for such claims in any court action or class, collective, and/or representative action. You have the right to consult with counsel of your choice concerning this Arbitration Agreement and you will not be subject to retaliation if you exercise your right to assert claims or opt out of any Driver Claims under this Arbitration Agreement. (m) Binding Effect; Third-Party Beneficiaries. This Arbitration Agreement shall be binding upon, and shall include any claims brought by or against any third parties, including but not limited to your spouses, heirs, third-party beneficiaries and permitted assigns, where their underlying claim(s) arise out of or relate to your use of the MUV Platform, or Rideshare Services. To the extent that any third-party beneficiary to this Agreement brings claims against a party, those claims shall also be subject to this Arbitration Agreement. Choice of Forum and Class-Action and Coordinated-Action Waiver for Non-Arbitrated Claims Claims (1) excepted from arbitration by, and brought consistent with, Section 17(i) or (2) otherwise determined by a court of competent jurisdiction not to be subject to arbitration, shall be brought exclusively in the state or federal courts in the state in which the incident or accident underlying the plaintiff's claim(s) occurred, notwithstanding that other courts may have subject matter jurisdiction over the claims or personal jurisdiction over the parties. If for any reason claims do not proceed in arbitration, such claims may be brought and litigated on an individual basis only. On an individual basis means that you cannot bring such claims as a class, collective, coordinated, consolidated, mass, multi-plaintiff, joint, and/or representative action against MUV, or otherwise seek to include your claims or case in a pending class, collective, coordinated, consolidated, mass, multi-plaintiff, joint, and/or representative action against MUV. No action brought by you may be consolidated or joined in any fashion with any other proceeding, except that the parties may agree to participate in a class-wide settlement. The interpretation, enforceability, and validity of this paragraph shall be governed by the laws of the State of Texas without regard to choice of law principles, and by any applicable federal law. If Texas law is inapplicable for any reason, then the interpretation, enforceability, and validity of this paragraph shall be governed by the law of the state where the court of competent jurisdiction deciding the claims is located. If there is a final judicial determination that any part of this paragraph is unenforceable or unlawful for any reason, the unenforceable or unlawful portion shall be severed and severance shall have no effect whatsoever on the enforceability, applicability, or validity of any other part of this Agreement, including without limitation the choice-of-forum provision in the preceding paragraph.