Any dispute or claim arising from or relating to this Money Transfer that involves a claim by Sender for less than $10,000, exclusive of interest, arbitration fees and costs, shall be settled by arbitration administered by the Canadian Arbitration Association ("CAA") under its Arbitration Rules for the Resolution of Consumer Related Disputes. Any other dispute or claim arising from or relating to this Money Transfer shall be settled by arbitration administered by the CAA under its Commercial Arbitration Rules, with such arbitration to be held in the most populous city in the province from which the Money Transfer was sent, or in such other location as the parties may mutually agree. Each party shall bear its own lawyer's, expert's and witness fees, which shall not be considered costs of arbitration. Judgment on any award rendered by the arbitrator may be entered in and enforced by any court having jurisdiction thereof. The parties agree that neither of them shall have the right to participate as a representative or a member of any class of claimants pertaining to any claim subject to arbitration under this paragraph and that claims of third parties shall not be joined in any arbitration between the parties. If any portion of this paragraph is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this paragraph. THE PARTIES ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED IN THIS PARAGRAPH, THEY ARE WAIVING ALL RIGHTS TO A TRIAL BY COURT OR JURY AS A MEANS OF RESOLVING ANY DISPUTES ARISING OUT OF OR RELATING TO THIS MONEY TRANSFER.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Forex Transfer Inc. ("forextransferinc.com") BE LIABLE FOR DAMAGES FOR DELAY, NONDELIVERY, NONPAYMENT OR UNDERPAYMENT OF THIS MONEY TRANSFER, OR ANY SUPPLEMENTAL MESSAGE, WHETHER CAUSED BY NEGLIGENCE ON THE PART OF ITS EMPLOYEES OR AGENTS OR OTHERWISE, BEYOND THE SUM OF $500 (in addition to refunding the principal amount of the Money Transfer and the fees), unless the Sender has obtained a higher liability limit by calling the telephone number set out at the bottom of this form and paying an additional charge therefore. IN NO EVENT WILL Forex Transfer.
Inc. ("forextransferinc.com") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THESE CONDITIONS CANNOT BE CHANGED OR SUPPLEMENTED ORALLY.
Forex Transfer Inc. ("forextransferinc.com") AND ITS AGENTS RESERVE THE RIGHT TO DECLINE TO SEND OR REFUSE TO PAY ANY MONEY TRANSFER THAT EITHER OF THEM DETERMINES IN THEIR SOLE DISCRETION VIOLATES ANY APPLICABLE LAW OR Forex Transfer Inc. ("forextransferinc.com") POLICY.