 unless expressly set forth in these Terms. NOTE: certain jurisdictions may not allow the exclusion of damages set forth in this section. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations, may not apply to you and you may have additional rights. PUT makes no representations or warranties related to those rights or their applicability to you or your use of Haultail®. Mediation / Arbitration Clause In the event of any controversy or claim arising out of or relating to this Agreement, or a breach thereof, the parties hereto shall first attempt to settle the dispute by mediation, administered by the American Arbitration Association ("AAA") under its Mediation Rules. If settlement is not reached within sixty days after service of a written demand for mediation, any unresolved controversy or claim shall be settled by arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. In the event of arbitration, the number of arbitrators shall be one. The place of arbitration shall be Boston, Massachusetts. Massachusetts law shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court in Suffolk County,Massachusetts. If the Parties are not able to agree upon the selection of an arbitrator within thirty (00) days of commencement of an arbitration proceeding by service of a demand for arbitration, the arbitrator shall be selected by the case administrator assigned by the American Arbitration Association. The arbitrator shall have at least ten years of experience conducting arbitrations governed by applicable AAA Rules. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all parties. Each party shall pay its own proportionate share of arbitrator fees and expenses and the arbitration fees and expenses of the American Arbitration Association. Class action lawsuits, class-wide arbitrations, private attorney-general actions (including but not limited to the Private Attorneys General Act of 0000, California Labor Code §0000, etseq., and any other proceeding where someone acts in a representative capacity are not allowed (other than an action by an estate representative of an individual), nor is combining individual proceedings without the consent of all parties. Notwithstanding any other provision of this Agreement, disputes regarding the scope, applicability, enforceability revocability or validity of the restrictions in this paragraph may be resolved only by a civil court of competent jurisdiction and not an arbitrator. If any provision of this paragraph is found unenforceable or unlawful for any reason, the remainder of this provision shall survive and the unenforceability of the specific portion of this provision shall not affect the overall enforceability of the requirements to submit disputes to mediation/arbitration. Severability In addition to the severability provision