DISPUTES

For purposes of this Arbitration Section, the terms “we,” “us” and “our” refer to Tonewheel General Hospital, its parents, wholly or majority owned subsidiaries, affiliates, predecessors, successors, assigns, employees, officers and directors. All disputes will be settled by binding arbitration. You will not have the right to litigate any claim in court or to have a jury trial on that claim, or to engage in pre-arbitration discovery, except as provided for in the arbitration rules. In addition, you will not have the right to participate as a representative or member of any class of claimants related to any claim subject to arbitration. The arbitrator’s decision will generally be final and binding. Other rights that you would have if you went to court may also not be available in arbitration. It is important that you read the entire arbitration provision carefully before accepting the terms of this Agreement. Making a purchase from us indicates your complete acceptance of these terms, regardless of whether said purchase was made via telephone, our Internet web site, or in person, and regardless of whether goods and/or services were involved.

A “Claim” is any pre-existing, present, or future claim, dispute, or controversy of any kind (including but not limited to constitutional, statutory, regulatory, common law, contract, tort and equitable claims) arising from or relating to (a) the purchase of products or services from us, (b) the actions of you, us or third parties, or (c) the validity or meaning of this arbitration provision and every other provision in this Agreement.

You agree that either you or we can choose to have any Claim resolved by binding arbitration administered by the applicable rules of either the American Arbitration Association (“AAA”) or the National Arbitration Forum in effect when the Claim is filed. We will select one of these organizations to arbitrate Claims you initiate against us or if either you or we compel arbitration of a Claim the other party brought in court. You and we acknowledge that each waives the right or opportunity to litigate a Claim in a court of law, and that each agrees to resolve any Claims arising out of this Agreement through binding arbitration. This Section does not apply to any of our regular Account collection efforts. If this Section is determined invalid or illegal under any applicable statute or rule of law, it will be deemed omitted without affecting any other provisions of this Agreement, which shall remain in full force and effect.

There shall be no authority for any Claims to be arbitrated on a class action basis. An arbitration can only decide our or your Claim and may not consolidate or join the claims of other persons who may have similar claims. You may obtain arbitration rules and forms from: American Arbitration Association, 335 Madison Avenue, New York, NY 10017, www.adr.org, 800-778-7879 (Arbitration Rules for Consumer-Related Disputes for claims under $10,000 or Commercial Arbitration Rules for all other claims); or National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405, www.arb-forum.com, 800-474-2371 (Code of Procedure).

Any arbitration hearing that you attend will take place in the federal judicial district where we reside. You are responsible for all filing and hearing fees for any Claim you may file against us; the arbitrator will decide whether we or you will ultimately pay those fees. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16. The arbitrator shall apply applicable substantive law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law.

Judgment upon the award may be entered in any court of law, but any such judgment shall exclude, and you shall not be entitled to, damages for any consequential, indirect, special or punitive damages, or damages arising from lost or prospective profits, whether known or unknown to either you or to us.