Arbitration and opt-out
Except where prohibited by law or otherwise not applicable (such as in Australia, Japan and Türkiye), any controversy or claim arising out of or relating to any Motorola product will be resolved by binding arbitration, instead of in court, unless you opt out as explained below. The arbitration will take place in a location determined by the arbitrator as set forth in these terms (provided that such location is reasonably convenient for claimant), or a different location as may be mutually agreed upon by the parties. The arbitration will be conducted under the rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”). Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator will apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Motorola will pay as much of the claimant's filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Motorola shall be entitled to arbitrate their dispute. When a demand for arbitration is filed, all parties are entitled to discovery, which shall be completed within sixty days unless extended by mutual agreement.
THE ARBITRATION OF DISPUTES PURSUANT TO THIS AGREEMENT SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.
Your right to reject. If you do not want this Arbitration provision to apply, you may reject it by sending a written rejection notice which describes this Arbitration provision, includes your name, address, phone number, device, and device serial number, stating that you reject this Arbitration provision to: Motorola Mobility LLC, 222 West Merchandise Mart Plaza, Attn: Arbitration Provision Opt-Out, Chicago, IL 60654 or arbitrat@motorola.com. To find your phone serial number, on your phone, swipe up 