Possible Membership Terms and Conditions

Updated November 13, 2025

NOTICE OF ARBITRATION AGREEMENT

These Terms include an Arbitration Agreement with a Class Action Waiver that affects your legal rights. The Arbitration Agreement is found in Section 7 below. Please read it carefully.

These Possible Membership Terms and Conditions (the “Agreement” or “Terms”) govern your enrollment in the Possible Membership (“Membership”) offered by Possible Financial Inc. (“Possible Finance,” “Possible,” “we,” or “us”). Please read this Agreement carefully before enrolling in the Membership. This Agreement replaces any previous agreement you may have had with Possible related to the Membership. By enrolling in the Membership, you agree to these terms. If you do not agree, do not enroll or use the Membership.

This Agreement expressly incorporates by reference Possible’s Terms of Use and Privacy Policy, both of which form part of the legally binding agreement between you and Possible.  Additional agreements, such as electronic payment authorization agreements or other consents you may provide, also govern your relationship with Possible. In the event of a conflict between this Agreement and any other applicable agreement, the terms of this Agreement shall prevail. 

We reserve the right to amend or modify this Agreement at any time. Any changes will be effective upon posting the revised Agreement on our website or upon other notice to you as required by law. Your continued access to or use of the Membership after the effective date of any amendments constitutes your acknowledgment and binding acceptance of the updated Agreement.

1. Overview of Membership

   1. Membership allows you to request an advance of your earned but unpaid income ("Earned Income") before it is deposited into your eligible bank account (each request referred to as a "Possible Advance" or “Advance”). Membership benefits may be modified at any time and changes will be communicated in accordance with this Agreement.

   2. As part of your Membership, you may choose to enroll in the Bill and Rent Reporting feature (the “Reporting Feature”). This optional service helps you build credit history by allowing Possible to detect and verify qualifying rent, utility, and telecommunication payments from your linked bank account and, with your consent, report that verified payment information to credit bureaus.

   3. To enroll in a Membership, you must meet the eligibility requirements for an Advance.

2. Membership Fee

   1. Membership is available through a paid monthly subscription fee of $15. This fee is subject to change. You are required to enroll in autopay and you must link a supported bank account that allows our third party partner to access your transaction history (“Bank Account”) to pay the membership fee. We will automatically charge your payment method for the membership fee on your payday closest to 30 days after enrollment and monthly thereafter. Your membership fee due date will be available in your account dashboard. Failure to pay the membership fee may result in suspension or termination of your Membership or benefits.

3. Possible Advance Terms

   1. Eligibility. To request an Advance, you must:

      1. Be enrolled in the Membership and current on all fees

      2. Not be prohibited by law from using Advance

      3. Link a Bank Account and receive recurring income on a predictable basis

      4. Meet eligibility criteria specified by us at the time of the request

      5. Be enrolled in autopay

   2. Advance Limit

      1. Advance amounts are determined by us in our sole discretion and are based on a variety of factors including the transaction history and balance of your Bank Account, your repayment history with Possible, and your Earned Income amount. Possible may refuse to extend an Advance to you if you have previously received an Advance but have not repaid it. Possible may, at any time, decline to extend an Advance to you, if Possible reasonably believes it is necessary for legal or security reasons, or to protect you, Possible, or a third party.

   3. Repayment

      1. Possible will charge your Bank Account for Advance repayment on the dates set forth in the payment schedule in your account dashboard or the date chosen by you when rescheduling your payment date within the App. You may choose to repay your Advance any time before the due date by initiating repayment in the App.

      2. To the extent required by applicable law, if Possible erroneously attempts to withdraw repayment of an Advance, fee, or other authorized payment in an incorrect amount or earlier than the disclosed date, we will reimburse you for any overdraft or non-sufficient funds fees charged by your depository institution as a result. This obligation does not apply to payments of outstanding amounts or fees incurred through fraudulent or unlawful means.

   4. No Obligation to Repay

      1. You do not have an obligation to repay any of your Advances, and Possible will have no legal or contractual claim or remedy against you based on your failure to repay any Advance. However, if you do not repay an Advance or if Possible is unable to complete a repayment that you authorized, you will be prevented from obtaining additional Advances until you pay any outstanding Advance amount.

   5. Representations and Warranties

      1. Possible will not engage in any debt collection activities if any Advance is not repaid on the due date, place the amount of an outstanding Advance as a debt with, or sell it to, a third party, or provide any reporting to a consumer reporting agency concerning the amount of any Advance.

      2. By requesting an Advance, you represent and warrant that (i) the Earned Income being advanced to you has been earned by you but remains unpaid, and (ii) you have not received payment or any advance for any part of such Earned Income from anyone else. In addition, you agree that any instructions regarding an Advance that Possible receives from your Possible account will be considered authorized by you. You further represent that your use of Advance complies with applicable laws and contractual obligations.

4. Bill and Rent Reporting

   1. If you elect to enroll in the Reporting Feature, you authorize us to connect to your designated bank account (via Plaid or similar data access service) to identify qualifying recurring rent, utility, and telecommunication payments (each a “Payment Obligation”). You will continue to make payments directly to your landlord, utility provider, or telco as you always do; we do not act as the payment processor. Subject to your consent and applicable law, we may furnish verified payment history to credit bureaus.

   2. By opting into the Reporting Feature, you give us written instructions under the Fair Credit Reporting Act (FCRA) and other applicable laws, authorizing us to obtain, use, and furnish your Payment Obligation data to credit bureaus. You must provide explicit consent before reporting. You have the right to revoke this consent at any time through the Possible App. 

   3. We will only report Payment Obligations that: (i) you are personally obligated to pay; (ii) have not already been furnished by another entity (no duplicate payments); and (iii) if rent, relate to your primary residence and is not associated with an active mortgage that is being reported. We may furnish up to five (5) tradelines per Member: one (1) rent, one (1) telecommunications, and up to three (3) utilities. 

   4. We may, in our sole discretion, limit, suspend, or discontinue reporting, or take any other action necessary to comply with applicable law or this Agreement. Possible does not control whether credit bureaus accept the information we provide or how they use, display, or share it, nor how those who access your credit reports rely on it.

   5. If you believe any information we have furnished is inaccurate, you may dispute it by contacting us at support@possiblefinance.com. We will promptly investigate and delete any information we determine to be inaccurate, as required by law.

5. Beta Services Disclaimer

   1. Some features of the Membership, including Possible Advances, may not be generally available to consumers and provided as part of a beta test program to gather user feedback, test features and functionality, and improve the product. These features are offered on an “as-is” and “as-available” basis and may contain defects, errors, or other issues that could impact functionality. By using beta features, you acknowledge and accept these risks. Any feedback you provide becomes the sole property of Possible. Possible reserves the right to modify, suspend, or discontinue any beta features at any time without notice.  To the fullest extent permitted by law, Possible disclaims all warranties and liability related to your use of beta features.

6. Cancellation and Termination

   1. Cancellation by You. You may cancel your Membership at any time by accessing your membership settings in your account dashboard and selecting the cancellation option. Your cancellation will be effective at the end of the current billing period. You will be charged for the unpaid membership fee in the month in which you cancel and no further membership fees will be charged thereafter. Cancelling your membership does not affect any debits that you have authorized. When you cancel your membership, you will no longer be eligible to request an advance. You may re-enroll at any time, if eligible.

   2. Termination or Suspension by Possible. Possible may suspend or terminate your Membership at any time for any reason including for nonpayment of membership fees, violating this Agreement, or if we suspect misuse. Your Membership will be terminated if two consecutive monthly Membership fees are charged and you have not shown use of membership. You agree that Possible will not be liable to you or any third party for any damages associated with the termination of your Membership.

7. Dispute Resolution and Agreement to Arbitrate

   1.  IMPORTANT NOTICE ABOUT ARBITRATION AND LEGAL RIGHTS.

THIS SECTION REQUIRES THAT ALL DISPUTES OR CLAIMS COVERED BY THIS ARBITRATION AGREEMENT BE RESOLVED BY BINDING ARBITRATION AND NOT IN COURT. YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. PLEASE READ THIS SECTION CAREFULLY.

UNLESS YOU OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN 30 DAYS, YOU WILL BE BOUND TO ARBITRATION, INCLUDING THE WAIVER OF CLASS ACTION AND JURY TRIAL RIGHTS.

2. Right to Opt Out: You may opt out of this Arbitration Agreement by mailing a written notice to: Possible Finance, PO Box 98686, Las Vegas, NV 89193, within 30 days after the date you first accept this Agreement. Your opt-out notice must include your name, address, account information, a clear statement that you wish to opt out of this Arbitration Agreement. An opt-out notice is effective only if it is personally signed, sent by you on an individual basis, and postmarked within 30 days after you accepted these Terms. If you opt out, this will not affect any other part of the Agreement or your relationship with Possible. An opt-out notice does not affect the validity or enforceability of any past or future applicable arbitration agreements between you and Possible, which will continue to apply according to their terms.

3. Dispute: In this Arbitration Agreement, “Dispute” has the broadest possible meaning. “Dispute” means any action, dispute, claim, or controversy of any kind arising out of, in connection with or in any way related, even indirectly, to this Agreement, your Membership, a Possible Advance, or any related transaction. Accordingly, and by way of example only, Dispute includes claims related to: your Membership, information you provide us, servicing, privacy, marketing efforts, data collection and retention, and customer information. Dispute also includes, without limitation: claims under federal or state consumer protection laws; claims in tort or contract; claims under statutes or common law; claims at law or in equity; other past, present or future claims, counterclaims, cross-claims, third party claims, interpleaders or otherwise; and any claim relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including, but not limited to, any claim that all or any part of this Arbitration Agreement is void, voidable or unconscionable. 

4. Matters not Considered Disputes: Disputes do not include criminal proceedings or the act of making a report or filing a claim with a law enforcement agency, whether initiated by you or by Possible. Taking such action does not waive either Party’s right to arbitrate other matters under this Agreement, but any claim for abuse of process, improper criminal proceedings, or similar conduct arising from such activity is considered a Dispute and must be arbitrated. Dispute also does not include claims that federal law expressly exempts from arbitration, or requests under California law by California residents for an injunction on behalf of the general public, which may only be pursued in a court of competent jurisdiction; provided, however, that such court proceedings will be stayed until arbitration of all other remedies sought under California law (including damages and private injunctive relief) is complete.

5. Pre-Arbitration Notice and Resolution: A Party who intends to seek arbitration must first send to the other, by certified mail, return receipt requested, a written Notice of Dispute.  A Notice of Dispute to Possible Finance should be addressed to: Possible Finance, PO Box 98686 Las Vegas, NV 89193. Notices of Dispute to you will be sent to the address you have provided to us. A Notice of Dispute must (i) provide your name, email and mailing address, phone number, and account number (if any); (ii) describe the nature and factual and legal basis of the claim or Dispute; (iii) set forth the specific relief sought; and (iv) be signed by the Party seeking arbitration (i.e., either you personally or a Possible Finance representative). To protect your personal information, if you are the Party seeking arbitration and you have retained an attorney, your Notice of Dispute must also include your personally signed statement authorizing Possible Finance to discuss the Dispute and disclose your records to your attorney. 

6. Informal Settlement Conference:  After the Notice of Dispute containing all of the information required by paragraph (e) is received, within 60 days, either Party may request a conference to discuss in good faith a potential informal resolution of the Dispute, without the need to go forward in an arbitration (“Informal Settlement Conference”). If timely requested, the Informal Settlement Conference will take place at a mutually agreeable time by telephone or videoconference. You and a Possible Finance representative must both personally participate; any counsel representing you or Possible Finance also may participate. The requirement of personal participation in an Informal Settlement Conference may be waived only if both you and Possible Finance agree in writing. Any statute of limitations applicable to the claims described in a Notice of Dispute shall be deemed to be tolled during the period between the date that a fully complete Notice of Dispute is received and the later of (1) 60 days after receipt of the Notice of Dispute; or (2) if an Informal Settlement Conference is timely requested, 30 days after completion of the Informal Settlement Conference (the “Informal Resolution Period”). An arbitration proceeding may not be commenced unless the claimant has complied with the Notice of Dispute and Informal Settlement Conference requirements of paragraphs (e) and (f). Therefore, no Party shall commence an arbitration proceeding until after the latter of (i) 60 days after the Notice of Dispute has been received or (ii) if an Informal Settlement is timely requested, 30 days after the completion of the Informal Settlement Conference. A court will have authority to enforce this paragraph (f), including the power to enjoin the filing or prosecution of arbitrations without first providing a fully complete Notice of Dispute and participating in a timely requested Informal Settlement Conference. Unless prohibited by applicable law, the arbitration administrator is without authority to accept or administer any arbitration proceeding unless the claimant has complied with the Notice of Dispute and Informal Settlement Conference requirements of paragraphs (e) and (f).

7. Facts About Arbitration: In arbitration, a neutral third party ("Arbitrator") resolves Disputes, instead of a judge or jury. You and we waive the right to go to court. The Arbitrator will conduct a hearing, which is private and less formal than a court trial. Each side will have the opportunity to present some evidence to the Arbitrator. The Arbitrator may limit the Parties' ability to conduct fact-finding prior to the hearing, called "discovery." Other rights that the Parties might have in court might not be available in arbitration. Following the hearing, the Arbitrator will issue an award. The Arbitrator's decision is final, and a court may then enforce the award like a court judgment. Courts rarely overturn an Arbitrator's award.

8. Commencing Arbitration; Arbitration Rules: To start the arbitration, either Party must file a Demand for Arbitration with JAMS. The claimant must send a copy of the Demand for Arbitration to the other Party. Demands for Arbitration by you should be sent to: Possible Finance, PO Box 98686 Las Vegas, NV 89193. Demands for Arbitration by Possible will be sent to you at the last known address you provided to us. JAMS’s mailing address and instructions for filing Demands for Arbitration online instead of by mail may be found on its website at www.jamsadr.com. Demands for Arbitration must be clearly marked “Demands for Arbitration” and include all of the following:

• the claimant’s name, mailing and email addresses, phone number, and personal signature;

• the name, mailing and email addresses, phone number, and signature of the claimant’s attorney (if any);

• the account number (if any) for any account at issue; and

• a short statement of the factual basis of the claim, the causes of action asserted, and the specific relief that is being sought.

A copy of the Notice of Dispute and these Terms also must be attached to the Demand for Arbitration. If the claimant is represented by an attorney, by signing the Demand for Arbitration, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that, consistent with the standards set forth in Federal Rules of Civil Procedure 11(b): (1) the Demand for Arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.

The arbitration will be administered by JAMS under its Streamlined Arbitration Rules (“JAMS Streamlined Rules”), except as supplemented, where applicable, by its Mass Arbitration Procedures and Guidelines (“JAMS Mass Arbitration Rules”; together with the JAMS Streamlined Rules, the “JAMS Rules”), in effect at the time the arbitration commences, as modified by this section. If there is a conflict between the JAMS Rules and this section, this section shall govern. The JAMS Rules are available at www.jamsadr.com/ or by writing to Possible at the address provided above. If JAMS is unavailable or unwilling to administer the matter consistent with this section, the Parties may agree to or a court of competent jurisdiction shall select an arbitrator to administer the arbitration or otherwise fulfill the duties of JAMS. Any such substitute arbitrator shall apply the terms of this section and the JAMS Rules, as modified by this section.

Once JAMS has notified the Parties that an arbitration has been accepted for administration, the responding Party shall be permitted at least 30 days to file a response to the Demand for Arbitration. If the responding Party fails to file a response, the allegations in the Demand for Arbitration shall be deemed denied and all potential defenses are preserved.

Unless the Parties agree otherwise, any merits arbitrator or process administrator shall be either an attorney who is experienced in commercial law and licensed to practice law in at least one state or a retired judge from any jurisdiction. Unless the Parties agree otherwise, any in-person arbitration hearing shall take place in the U.S. city or county in which you reside at the time arbitration is commenced.

Unless the Parties agree otherwise, any merits arbitrator or process administrator will be selected as follows: JAMS shall give each Party a list of arbitrators drawn from its roster of arbitrators. If the total relief sought is valued at $75,000 or less (to both you and us) and a merits arbitrator is being selected, the list shall contain at least seven arbitrators. In all other cases, or if a process administrator is being selected, the list shall contain at least nine arbitrators. Each Party shall have 10 calendar days from the receipt of the list to strike all names on the list it deems unacceptable. If only one common name remains on the lists of all Parties, that individual shall be designated as the merits arbitrator (or process administrator, as applicable). If more than one common name remains on the lists of both Parties, the Parties shall strike names alternately from the list of common names on a telephone call administered by JAMS, until only one remains. The Party who did not initiate arbitration shall strike first. If no common name remains on the lists of all Parties, JAMS shall furnish a new list of arbitrators from which the Parties shall strike alternately on a telephone call administered by JAMS, with the Party who initiated arbitration striking first, until only one name remains. That person shall be designated as the merits arbitrator (or process administrator, as applicable). If the individual selected cannot serve, JAMS will issue another new list of arbitrators and repeat this process.

Subject to the Class Action Waiver provided below, the arbitrator may award any Party any remedy to which that Party is entitled under applicable law (including without limitation legal, equitable, and injunctive relief and an award of statutory attorneys’ fees and costs), but such remedies shall be limited to those that would be available to a Party in that Party’s individual capacity in a court of law for the claims presented to and decided by the arbitrator. Except to the extent preempted by the FAA, the arbitrator shall apply the substantive law, including but not limited to, the applicable statutes of limitations (and the law of remedies, if applicable) of the state of your mailing address on file with us at the time arbitration commences, or federal law, or both, as applicable to the claim(s) asserted. The arbitrator is without jurisdiction to apply any different substantive law or law of remedies. In addition, the arbitrator may consider rulings in other arbitrations involving different customers, but unless prohibited by applicable law, a ruling by an arbitrator (including in a bellwether proceeding as described below) will not be binding or have preclusive effect in proceedings involving different customers.

Both Parties shall have the right to discovery in support of their claims and defenses. Discovery shall consist of an exchange of all documents and exhibits that the Party intends to use at the hearing in support of that Party’s claims and defenses, as well as a list of witnesses intended to testify at the hearing, along with the subjects of their anticipated testimony. The arbitrator may allow limited and reasonable additional discovery to the extent the arbitrator deems necessary to provide for a fundamentally fair process, with consideration to the expedited nature of arbitration and the need to ensure that the cost and burden of discovery is commensurate with the amount in controversy.

The arbitrator shall have jurisdiction to hear and rule on pre-hearing disputes and is authorized to hold pre-hearing conferences, as well as the arbitration hearing, by telephone, videoconference, or in person, as the arbitrator deems appropriate. Either Party may file a motion to dismiss and/or a motion for summary judgment. The arbitrator shall set a briefing schedule for such motion(s) upon the request of either Party. Except for a ruling on the basis of a dispositive motion, unless the Parties agree otherwise, the arbitrator will conduct the arbitration hearing by telephone, videoconference, or in person, as the arbitrator deems appropriate, with you and a Possible representative in attendance. Any Party may arrange for a court reporter to provide a stenographic record of the proceedings in accordance with JAMS Rules. Should any Party refuse or neglect to appear for, or participate in, the arbitration hearing, the arbitrator shall have the authority to decide the Dispute based upon the evidence that is presented. Upon request at the close of the hearing, either Party shall be given leave to file a post-hearing brief. The time for filing such a brief shall be set by the arbitrator.

The arbitrator shall render an award no later than thirty (30) days from the date the arbitration hearing concludes or the last post-hearing brief is submitted. The award shall be in writing and include the factual and legal basis for the award. Before the arbitrator issues this award, neither Possible nor you should disclose the substance of any settlement offers to the arbitrator.

If the arbitrator awards attorneys’ fees to a Party, unless the arbitrator sets another schedule, that Party must submit its fee request within 14 days of the award, and any objections to the fee request must be submitted 14 days thereafter.

9. Class Action Waiver: Arbitration shall be conducted on an individual basis only. You and Possible agree to waive any right to bring, participate in, or receive relief from any class, mass, collective, or representative action, whether in arbitration or in court. The arbitrator has no authority to hear or preside over such proceedings, to award relief on behalf of anyone other than the individual Party, or to join or consolidate claims except as expressly permitted in the Mass Claims section below and with the written agreement of all Parties. You also waive any right to receive notice of, or to opt into, any class, mass, or representative action involving others. To the extent small claims are permitted under this Agreement, they may be brought only on an individual basis. If a final court decision (after all appeals) determines this Class Action Waiver is unenforceable as to a specific issue, cause of action, or request for relief, then that matter must proceed only in court, not in arbitration, and only after arbitration of all remaining enforceable claims is complete. This waiver does not prevent you or Possible from participating in a class-wide or mass settlement of claims. Any Dispute concerning the interpretation, applicability, scope, or enforceability of this Class Action Waiver, including any claim that it is void or voidable, shall be resolved exclusively by a court of competent jurisdiction, not by an arbitrator.

10. Fees and Costs: The payment and allocation of all filing, administration, case-management, arbitrator, or other fees charged by JAMS or the Arbitrator (“JAMS Fees”) will be governed by applicable law and the JAMS Rules. However, if you initiate arbitration, your share of JAMS Fees will be capped at the amount of the filing or initial appearance fee applicable to court actions in the jurisdiction where the arbitration will be conducted. In the event applicable law requires a different allocation of arbitral fees and costs in order for this section to be enforceable, then such law shall be followed. You and we agree that arbitration should be cost effective for all Parties, and either Party may engage with JAMS to seek fee reductions or to defer fees.       

11. Small Claims Court: Notwithstanding anything to the contrary, the Parties may bring an individual action in small claims court (or the equivalent court in your state) if the claim is within that court’s jurisdiction and remains in that court. The Party sued in such a small claims matter may not compel the case to arbitration. If your jurisdiction permits an appeal from a small claims judgment to a court of general jurisdiction for a new trial, that appeal will instead be resolved through arbitration under this Arbitration Agreement, rather than through a court proceeding.

12. Severability: If it is determined that any paragraph or provision in this Arbitration Agreement is illegal, invalid, or unenforceable, such illegality, invalidity or unenforceability shall not affect the other paragraphs and provisions of this Arbitration Agreement. The remainder of this Arbitration Agreement shall continue in full force and effect as if the severed paragraph or provision had not been included. Notwithstanding this severability provision, if a court of competent jurisdiction determines paragraph (i) to be void, illegal, invalid, or unenforceable, the Parties agree that paragraph (i) shall not be severed and that this Arbitration Agreement shall be void in its entirety.

13. Survivability of Arbitration Agreement: This Arbitration Agreement will survive and continue in full force and effect notwithstanding cancellation, termination, amendment, payment in full, or other expiration or conclusion of the Agreement  or any other contract or transaction between the Parties, unless otherwise agreed in writing. In addition, you understand and acknowledge that the rights and responsibilities afforded to us under this Arbitration Agreement survive any assignment of the Agreement by us and that we can enforce this Arbitration Agreement in the event a Dispute arises after the assignment of the Agreement.

14. Governing Law: You and we agree that the Agreement involves interstate commerce and this Arbitration Agreement will be construed, applied and governed by the Federal Arbitration Act, 9 U.S.C. Sect. 1 et seq., ("FAA"), as amended. The Arbitrator shall strictly apply applicable substantive law and applicable statutes of limitation consistent with the FAA and shall honor claims of privilege recognized at law.

15. Mass Claims: If 25 or more claimants submit Notices of Dispute or file demands for arbitration raising similar claims and are represented by the same or coordinated counsel (a “Mass Filing”), the JAMS Mass Arbitration Rules will apply, and all of the cases must be resolved in arbitration using bellwether and, if necessary, batched proceedings, as set out below, if the cases are not resolved during the Informal Resolution Period or Informal Settlement Conferences. You and we agree to this process even though it may delay the arbitration of your individual claim.

This section is intended to facilitate the efficient and orderly resolution of Mass Filings. If any requirement of this section has not been met, the Parties agree that a court can enjoin the filing or prosecution of arbitrations inconsistent with this section and, unless prohibited by law, even absent a court order as contemplated above, the arbitration administrator shall not accept or administer the arbitrations nor demand fees in connection with such arbitrations. Similarly, any claimants who dispute whether their claims are part of a Mass Filing or otherwise subject to the requirements of this section may ask a court to resolve that Dispute. If neither Party wishes to bring the issue to a court, both Parties retain the right to raise issues regarding compliance with, or applicability of, the requirements of this section and seek appropriate relief in arbitration, including from a process administrator.

If your case is part of a Mass Filing, any applicable contractual or statutory limitations period applicable to the claims and relief set forth in your Notice of Dispute (as well as to any applicable defenses or counterclaims) will be tolled until your case is selected for adjudication, withdrawn, or otherwise resolved. 

In the first stage, counsel for the Parties shall select up to 25 cases per side (50 cases total) to be filed in arbitration and resolved individually in accordance with this Arbitration Agreement, with each case assigned to a separate arbitrator (unless the Parties agree otherwise or there are an insufficient number of arbitrators available) (“Bellwether Arbitration”). In the meantime, no other cases may be filed in arbitration, and JAMS shall not accept, administer, or demand payment for JAMS Fees for arbitrations commenced in violation of this section. Fees associated with an arbitration included in a Mass Filing, including JAMS Fees owed by us or the claimant, shall only be due after that arbitration is included in a round of cases that is properly designated for filing and adjudication.

Throughout the first stage, the arbitrators for the Bellwether Arbitrations are encouraged to resolve the cases within 120 days of appointment or as swiftly as possible thereafter, consistent with fairness to the Parties. If any case selected as a Bellwether Arbitration is withdrawn prior to the arbitrator’s award or if either Party raises exigent circumstances preventing a Bellwether Arbitration from proceeding, unless the Parties agree otherwise, the Parties agree to meet and confer in good faith to select a substitute case.

In the second stage, after all of the Bellwether Arbitrations are complete, the Parties shall engage in a single global mediation of all remaining cases, and we shall pay the mediation fee.

For any cases that are not resolved following global mediation, to increase the efficiency of administration and resolution of the remaining arbitrations, JAMS shall (1) administer the arbitration demands in batches of 100 arbitrations per batch (or, if between 25 and 99 individual arbitrations are filed, a single batch of all those arbitrations, and, to the extent there are fewer than 100 arbitrations left over after the batching described above, a final batch consisting of the remaining arbitrations); (2) appoint one arbitrator for each batch, whom JAMS will appoint without soliciting input or feedback from any Party; and (3) provide for the resolution of each batch on a consolidated basis with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). JAMS shall administer all batches concurrently, to the extent possible.

You and we agree to cooperate in good faith with JAMS to implement the Batch Arbitration process, including the payment of single filing and administrative fees for batches of arbitrations, as well as any steps to minimize the time and costs of arbitration, which may include, but are not limited to: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing or creating a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision, and nothing about the Batch Arbitration process will preclude any Party from participating in any arbitration administered according to that process.

If, after exhaustion of all appeals, a court determines that this Section 7 or any provision in it is not enforceable, in whole or in part, the unenforceable provision shall be severed, and all of the cases resolved as efficiently as possible, using test cases and/or batched proceedings (to the extent permitted by law) to avoid the expense of separate JAMS Fees for every case. In all events, JAMS Fees will be invoiced as the arbitrations advance and merits arbitrators are appointed, rather than when the arbitrations are initiated.

16. Sole and Entire Arbitration Agreement. This Section 7 is the complete agreement of the Parties on the subject of arbitration of claims or Disputes covered by the Arbitration Agreement and supersedes and replaces any prior arbitration agreements between you and Possible.