-BINDING ARBITRATION
IF YOU LIVE IN THE UNITED STATES, YOU AND EL PAISSANO AGREE THAT IF YOU AND JUST EL PAISSANO DO NOT RESOLVE ANY DISPUTE BY INFORMAL NEGOTIATION, ANY EFFORT TO RESOLVE THE DISPUTE WILL BE CONDUCTED EXCLUSIVELY BY BINDING ARBITRATION WITH THE AMERICAN ARBITRATION ASSOCIATION OR OTHER SUCH FORUM AS MAY BE MUTUALLY AGREED BY US. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE AWARD (DECISION) WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR’S AWARD. This shall be deemed to be a
“Written Agreement to Arbitrate” pursuant to the Federal Arbitration Act. You and El Paissano agree that we intend that these Terms Of Use, Conditions, And Of Purchase satisfy the “writing” requirement of the Federal Arbitration Act. This can only be amended by mutual agreement. Small Claims Matters Are Excluded from Arbitration Requirement. Notwithstanding the foregoing, either of us may bring a qualifying claim of Dispute in a small claims court of competent jurisdiction.

-CLASS ACTION WAIVER
YOU AND EL PAISSANO AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR EL PAISSANO WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR EL PAISSANO ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND EL PAISSANO FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, EL PAISSANO, AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING. LIMITED TIME TO FILE CLAIMS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE OR CLAIM AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE WITHIN SIX (6) MONTHS AFTER THE DISPUTE OR CLAIM ARISES– OR IT WILL BE FOREVER BARRED. Commencing means, as applicable (a) by delivery of written notice (b) filing for arbitration, or (c) filing an action in state or Federal court. To the extent permitted by applicable law, the parties expressly waive any contrary statute of limitations or time bars, both legal and equitable, to the Disputes.