5. BINDING ARBITRATION NOTICE: Notwithstanding anything to the contrary set forth on the Terms of Use or in Section 13.1 herein, any and all Disputes in which either You or Publisher may be a party may be resolved by binding arbitration. Arbitration shall be instituted only on an individual basis and only if You provide Publisher with Notice of Your intention to seek arbitration and provide the other party with a valid dispute resolution mechanism, then any and all Disputes in which either You or Publisher may be a party may be resolved by binding arbitration. Your arbitration fee and the resolution of disputed issues, including any arbitration fee that you may be required to pay, shall be governed by the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) in effect at the time the arbitration is commenced. The arbitration shall be held at a location selected by you, in the state of Florida.
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