For purposes of this Section 13, a "consumer" is an individual who uses the services primarily for personal, family, or household purposes; a person who uses the services for business, commercial, or organizational purposes, or who acts on behalf of an entity under Section 3.2 or Section 3.4, is not a consumer.
Any disputes arising from these Terms or your use of our services that cannot be resolved informally shall be resolved through binding arbitration administered by the American Arbitration Association (AAA). For disputes involving a consumer, the AAA Consumer Arbitration Rules and the AAA Consumer Due Process Protocol apply; for all other disputes, the AAA Commercial Arbitration Rules apply. For consumers, the arbitration will be held in the county or other locality of the consumer's residence, by telephone or video, or on documents, at the consumer's election; for non-consumers, arbitration shall be conducted in Delaware. Judgment upon the award may be entered in any court having jurisdiction.
The arbitrator has the exclusive authority to resolve any dispute about the interpretation, scope, applicability, validity, enforceability, or formation of this arbitration agreement, except that (a) the enforceability of the class-action waiver in Section 13.4 is reserved for a court, and (b) the carve-outs in Section 13.5 may be brought in court.
13.3.1 Arbitration Costs (Consumers)
For disputes involving a consumer, Pyro will pay all AAA filing, administrative, and arbitrator fees, except that you are responsible for an amount equal to the filing fee you would have paid to file the claim in court. Each party bears its own attorneys' fees, except that the arbitrator may award attorneys' fees and costs where authorized by law or where the arbitrator's award to you exceeds Pyro's last written settlement offer. If the arbitrator finds that the cost of arbitration would be prohibitive for you compared with litigation, Pyro will pay as much of your arbitration fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Pyro will not seek to recover its own attorneys' fees or costs from a consumer except where applicable law expressly permits such an award for a frivolous or bad-faith claim.
13.3.2 Coordinated or Mass Arbitration
If 25 or more substantially similar arbitration demands are submitted by or with the coordination of the same or coordinated counsel within a 90-day period, the AAA Mass Arbitration Supplementary Rules and the AAA Mass Arbitration Fee Schedule apply. A process arbitrator may be appointed to decide threshold and administrative matters and to establish batching and bellwether protocols, and the merits of individual cases may be stayed pending the outcome of bellwether proceedings and a single global mediation. This Section coordinates individual arbitrations only and does not authorize class-wide or consolidated arbitration, consistent with Section 13.4.
Any batching, bellwether, stay, or mediation protocol must be administered by AAA or a neutral process arbitrator, must preserve each claimant's right to an individual merits determination, and must not prevent a claimant from seeking emergency relief where available. Any applicable limitations period and contractual deadline are tolled for claims subject to a batching or bellwether process from the date the demand is filed until the stay is lifted for that claimant.
No batching, bellwether, stay, or mediation protocol may impose an indefinite stay or materially prevent a claimant from obtaining an individual merits determination. A process arbitrator may lift or modify a stay for undue prejudice, emergency relief, or other good cause.