DRIVERS PRIVACY POLICY

Effective Date: December 20, 2011

By registering for a Bright Futures' Account (also known as an Origin Account), using this site and/or any of Bright Futures' online or mobile products and services, you agree to Bright Futures' Privacy Policy and that we may transfer and store your account information in the USA. By registering, you agree that Bright Futures may process your data in accordance with the following privacy policy and that you will abide by Bright Futures' Terms of Service.

IF YOU DO NOT AGREE TO THIS POLICY, PLEASE DO NOT USE ANY BRIGHT FUTURES SITE, ONLINE OR MOBILE PRODUCT OR SERVICE. If we change our privacy policy, we will post those changes to this privacy statement, the home page or other places so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. Your continued use of our online and mobile products and services will signify your acceptance of the changes to our online Privacy Policy.

I. Bright Futures Online And Mobile Privacy Policy: Introduction

Bright Futures and its subsidiary companies know that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. We respect the privacy rights of consumers and recognize the importance of protecting the information collected about you. We have adopted this online Privacy Policy to explain how we store and use personal and non-personal information we collect online on our websites, during your use of our online products and/or services and on mobile platforms.

These terms are an agreement between you and Bright Futures. Please note that this policy applies only to sites maintained by Bright Futures, and not to websites maintained by other companies or organizations to which we link.

Bright Futures complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from European Union member countries and Switzerland. Bright Futures adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, please visit http://export.gov/safeharbor.

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II. What Is Personal Information And When Does Bright Futures Collect It?

Bright Futures collects both personal and non-personal consumer information. Personal information collected by Bright Futures is discussed below in this section. Non-personal information is discussed below in Section III.

Personal information is information that identifies you and that can be used alone, to contact you on-line or off-line. Bright Futures may collect personal information from our online visitors during:

  • Customer support and/or technical service requests;
  • Registration for specific events;
  • Newsletter subscriptions, referral services, and other marketing surveys and email campaigns;
  • Registration for Bright Futures/Origin and/or other service accounts;
  • Creation of a personal profile;
  • Product, service and/or subscription orders;
  • Service requests from third party service providers on our site;
  • Access to our products and/or services on third party services; and
  • Otherwise through use of our software, mobile or online services where personal information is required for use and/or participation.

Information collected will vary depending upon the activity and may include your name, email address, phone number, billing address, birth date, mobile phone number and credit card information.

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III. What Is Non-Personal Information and When Does Bright Futures Collect It?

Non-personal information, alone, cannot be used to identify or contact you. Bright Futures collects non-personal information about your use of our online and mobile products and services both on our website and in the course of software usage (on PC and mobile platforms).

We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information contact the webmaster at brightfuturesnm@yahoo.com. There may be instances where we are legally required to retain your information.

A. What Types of Non-Personal Information Does Bright Futures Collect?

When you use Bright Futures online and mobile products and services, we may collect certain non-personally identifiable information for purposes including improving our products and services, troubleshooting bugs, providing services to you, facilitating the provision of software updates, dynamically served content and product support as well as communicating with you. The non-personal information collected may include demographic information including gender, age, zip code, information about your computer, hardware, software, platform, media, mobile device, including unique device IDs or other device identifiers, incident data, Internet Protocol (IP) address, network Media Access Control (MAC) address and connection. We also collect other non-personal information such as username, user ID or persona, feature usage, and click paths as well as other data that you may provide in surveys, via your account preferences and online profiles such as or purchases, for instance. We may also receive either non-personal or public information from third parties in connection with market and demographic studies and/or other data that we use to supplement personal information provided directly by you.

B. How Does Bright Futures Collect Non-Personal Information?

Bright Futures collects non-personal information along with personal information when you actively provide it in the context of various online and mobile activities including online and mobile purchases and marketing surveys, for instance. In addition, we and other third parties use cookies and other technologies to passively collect non-personal demographic information, personalize your experience on our sites and monitor advertisements and other activities as described below. We may also derive from the information collected other facts, such as determining the applicable tax rate based on your IP address.

1. Cookies

Cookies are small files applied to your Internet browser to track movements within websites. We may link cookie information to personal information. Cookies link to information regarding what items or services you have selected for purchase or pages you have viewed. Most browsers are automatically set to accept cookies whenever you visit a website. You can disable cookies or set your browser to alert you when cookies are being sent. However some areas of our sites will not function properly if you do so. You can set your web browser to warn you about attempts to place cookies on your computer, or limit the type of cookies you allow.

We and other third parties may also use flash cookies, also known as "local shared objects," on our sites that employ Flash technology. Flash cookies are small files similar to browser cookies and are used to remember the site's settings to personalize the look and feel of the site. Like normal cookies, Flash cookies are represented as small files on your computer. One method of preventing Flash cookies from being placed is to adjust your preferences in the Macromedia Website Privacy Settings Panel at www.macromedia.com.

Please note that this privacy policy covers the use of cookies by Bright Futures only and does not cover the use of cookies by any advertisers.

2. Clear GIFs And Tracking Pixels

Clear GIFs (a.k.a. web bugs, beacons or tags) are small graphic images placed on a web page, web-based document, or in an email message. Clear GIFs are invisible to the user because they are typically very small (only 1-by-1 pixel) and the same color as the background of the web page, document or email message. We do not use clear GIFs to collect personal information about you. However, we may use clear GIFs to capture statistical usage information for our web pages, features or other elements on a web page. We correlate this information to a user to personalize user experience and for statistical analysis of user experiences on our web pages.

3. Internet Log Files

Bright Futures also may maintain log files which contain IP addresses. An IP address is a numeric address that may be assigned to your computer by your Internet Service Provider. In general, we use log files to monitor traffic on our websites, to troubleshoot technical problems and authenticate users' entitlements to our products. In the event of user abuse of our websites, however, we may block certain IP addresses provided by our licensed hardware manufacturers. If available, IP addresses may be used to personally identify you in order to enforce our Terms of Service.

4. Analytic Metrics Tools and Other Technologies

Bright Futures also uses analytic metrics tool and other third party analytics technologies to collect non-personal information when you use our online products and services on your PC and/or mobile device. These tools and technologies use server log files, web beacons, cookies, tracking pixels and other technologies to collect and analyze certain types of information, including cookies, IP addresses (including for purposes of determining your approximate geographic location), mobile or other hardware device ID or other device identifiers, browser types, browser language, information passed from your browser (if any), referring and exit pages, and URLs, platform type, the number of clicks, information about your media, peripheral hardware, software and/or applications installed on your machine and/or device, domain names and types, landing pages, pages viewed and the order of those pages, the date and amount of time spent on particular pages, other Internet and website usage information and the date and time of activity on our websites, feature usage and purchase history, as well as unique hardware identifiers such as MAC Address, mobile unique device ID (if applicable) and other similar information.

The third party analytics companies who collect information on our sites and in the context of our online and mobile products and/or services may combine the information collected with other information they have independently collected from other websites and/or other online or mobile products and services relating to your activities across their network of websites as well as online and/or mobile products and services. Many of these companies collect and use information under their own privacy policies.

Some Bright Futures websites and services use Google Analytics, a web analytic service offered by Google Inc. ("Google"). Google Analytics uses "Cookies", text files that are stored on your PC and that enables the analysis of your usage of this website. The information about your usage of websites, collected through these cookies, will be transmitted to and stored on Google server based in the US. On behalf of Bright Futures, Google will use this information in order to evaluate your usage of this website, to make reports on website activities and/or to provide the website operator with other services related to this websites. Your IP-address collected by Google Analytics will not be matched up with other data of Google. You may prevent the installation of cookies by adjusting your browser settings. Please note that if you disable cookies, it is possible that you may not use all functionalities of Bright Futures' websites. You may also prevent the cookies from collecting and storing your information by downloading and installing the following browser-plugin under the following link http://tools.google.com/dlpage/gaoptout?hl=de.

5. Fraud Prevention Technologies

To prevent fraudulent activities and behaviors, Bright Futures is authorized to use applications for the prevention of fraud for our internet presence, during the use of our online products and/or services and mobile platforms.

At login to Bright Futures online products and/or services, during the setup of an Bright Futures/Origin account, and/or at the point of sale, Bright Futures may collect data about your device in order to create a hash of machine components. Information collected for this purpose shall not be stored in retrievable form. Bright Futures uses the collected information for the prevention of fraud, and for authentication purposes. Bright Futures may consolidate the machine hash created for this purpose with your Bright Futures/Origin account; data consolidated this way will not be shared with any other third party, and will be used exclusively for security and authentication purposes by Bright Futures.

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IV. What Happens To The Information Bright Futures Collects?

A. How Bright Futures Uses Your Information

Bright Futures uses your information to fulfill your specific requests, purchase orders and to send you purchase confirmation and other account-related information. In addition, the personal information you provide will allow us to send you messages about things including new products, features, enhancements, special offers, upgrade opportunities, contests and events of interest. You may also later opt out of certain of these communications.

Otherwise, Bright Futures uses personal and non-personal information, both individually and combined together, to better enhance your user experience, improve our products and services, understand the behavior and preferences of our customers, to troubleshoot technical problems, for authenticaton purposes, to enforce our Terms of Service, to ensure proper functioning of our products and services as well as to help improve them. In addition, we combine non-personal information with personal information, such as an email address, for purposes including providing excellent customer service, administering loyalty programs, and tailoring our communications, offerings and/or web pages to you.

B. Will Bright Futures Share My Information With Third Parties?

Bright Futures will never share your personally identifiable information with third parties without your consent. We may, however, share non-personally identifiable, aggregated and/or public information with third parties. There may be circumstances where you may share information on your own. Please see section VIII for more details about your rights to information you share publicly on Bright Futures and other third party sites and forums. You may also opt in to allow Bright Futures to share your personal information with companies and organizations that provide products or services that we believe may be of interest to you. To opt out of further communications from a marketing partner or sponsor with whom your information has been shared, please contact that partner or sponsor directly.

From time to time, Bright Futures employs third party contractors to collect personal information on our behalf to provide email delivery, credit card processing or other services on our sites. When requesting these services, you may be asked to supply your name, mailing address, telephone number and email address to our contractors. We ask some third party contractors, such as credit agencies, data analytics or market research firms, to supplement personal information that you provide to us for our own marketing and demographic studies, so that we can consistently improve our sites and related advertising to better meet our visitors' needs and preferences. To enrich our understanding of individual customers, we tie this information to the personal information you provide to us.

When our third party agents or service providers collect and/or have access any information other than non-personal, anonymous and/or aggregated data, Bright Futures requires that they use data consistently with our stated privacy policies and protect the confidentiality of personal information they collect or have access to in the course of their engagement by Bright Futures. These third parties are prohibited from using your personal information for any other purpose without your specific consent.

You will be notified before your personal information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party.

We may also access and disclose personal information, including personal communications, in connection with report abuse functions in our products and services, to enforce legal rights and comply with the law, or to comply with an order from a government entity or other competent authority, or when we have reason to believe that a disclosure is necessary to address potential or actual injury or interference with our rights, property, operations, users or others who may be harmed or may suffer loss or damage, or when we believe that disclosure is necessary to protect our rights, combat fraud and/or comply with a judicial proceeding, court order, or legal process served on Bright Futures. Note that certain publically available information you post and communicate on our and third party sites and services is public information for which you have no expectation of privacy. See Section VIII for more details.

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V. Where Is The Information Held?

The majority of the computer systems on which Bright Futures collects, stores, and uses the information it collects or receives are based in the United States. We may also utilize data storage facilities located in Asia, Canada and/or the European Union. Your personal information may be transferred to, used, processed or held by Bright Futures in the United States and in other countries, including countries outside your country of residence both in and outside the European Union and Asia, and used for the purposes set out in this Privacy Policy.

The servers and equipment on which your data is stored and processed may be owned and operated by third parties with whom Bright Futures has contracted to receive, store and process your personal and non-personal information. In addition, Bright Futures and those third parties that it has designated, may further transfer, store and process your personal information on servers and equipment located in other countries. You should be aware that the data protection laws of other countries may not be the same as the data protection laws of your country of residence. By submitting your personal information to Bright Futures, you agree to the transfer, storage and processing of your personal information as described in this section.

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VI. How Does Bright Futures Protect Your Personal Information?

Bright Futures understands the importance of keeping your information safe and secure. Bright Futures will make commercially reasonable effort to protect your personal information and ensure the security of our systems. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. We cannot assume responsibility or liability for unauthorized access to our servers and systems.

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VII. Review, Correction Of Your Information, Requesting Removal From Mailing Lists And Deactivating Your Account

You can correct or update your account information at any time by logging on our site and navigating to "My Account," "View My Profile" or other account settings. Should you be unable to log in or wish to have your account(s) deactivated, contact the webmaster at brightfutures@yahoo.com. We will be happy to review, update or remove information as appropriate. We may still retain your information in our files however, to resolve disputes, enforce our user agreement, and due to technical and legal requirements and constraints related to the security, integrity and operation of our websites.

Some Bright Futures sites or services may collect personal information that is not accessible via our site. However, in such cases, you may be able to access that information through alternative means of access described by the service or by writing your local privacy policy administrator at brightfutures@yahoo.com and you will be contacted within 30 days regarding your request.

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VII. Public Information Including User Generated Content, Online Forums, Blogs And Profiles

You may choose to disclose information about yourself in the course of contributing user generated content to Bright Futures sites, blogs, message boards, user "profiles" for public view or in similar forums on our sites and/or on third party sites. Information that you disclose in any of these forums is unencrypted, public information, may be accessed or recorded by Bright Futures employees, and there is no expectation of privacy or confidentiality there.

You should be aware that any personally identifiable information you submit in the course of these public activities can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to make public in any of these forums.

Note also that in the ordinary course of Internet activity, certain information may be sent from your browser to third parties such as advertising networks and analytics companies. Bright Futures has no control over the information sent from your browser to those networks or other third parties and recommends that you ensure that your browser settings prevent the disclosure of information you would not like to share.

If you post a video, image or photo on one of our sites for public view you should be aware that these may be viewed, collected, copied and/or used by other users without your consent. We are not responsible for the videos, images or photos that you choose to submit to Bright Futures's site. Please see our Terms of Service at drvterms.php on this point and for other guidelines about posting content on our websites.

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IX. Third Party Sites

Our website may contain advertising or services which link to other websites such as Yahoo and YouTube. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. If you click on a link to a third party site, including on an advertisement, you will leave the Bright Futures site you are visiting and go to the site you selected. Because we cannot control the activities of third parties, we cannot accept responsibility for any use of your personal information by such third parties, and we cannot guarantee that they will adhere to the same privacy and security practices as Bright Futures. We encourage you to review the privacy policies of any other service provider from whom you request services. If you visit a third party website that is linked to an Bright Futures site, you should consult that site's privacy policy before providing any personal information.

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X. Products Offered In Partnership With Third Party(s)

Members may register for other services from our site(s). Certain products and/or services available on our site are provided to you in partnership with third party(s) and may require you to disclose personally identifiable information in order to register for and access such products and/or services. Such products and/or services shall identify the third party partners at the point of registration. If you elect to register for such products and/or services your personally identifiable information will be transferred to such third party(s) and will be subject to the privacy policy and practices of such third party(s). We are not responsible for the privacy practices and policies of such third party(s) and, therefore, you should review the privacy practices and policies of such third party(s) prior to providing your personally identifiable information in connection with such products and/or services.

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XI. Contact Information

If you have questions or concerns regarding this statement, you should first contact the Bright Futures Privacy Policy Administrator at brightfuturesnm@yahoo.com or write to Bright Futures, 7012 Prairie Rd. NE, Albuquerque, NM 87109..

For more information and updates to our online Privacy Policy, visit drvprivacy.php.

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XII. Dispute Resolution By Binding Arbitration

The purpose of this Section is to provide a streamlined method for resolution of disputes between us if they arise. As discussed below, if we cannot resolve our disputes informally and you are awarded a sum at arbitration greater than Bright Futures's last settlement offer to you (if any), Bright Futures will pay you 100% of your arbitration award.

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

Most customer concerns can be resolved quickly and to your satisfaction by logging into our customer support interface with your Bright Futures Account at comments.php. In the unlikely event that Bright Futures cannot resolve a concern to your satisfaction (or if Bright Futures cannot resolve a concern it has with you after attempting to do so informally), then you and Bright Futures agree to be bound by the following procedure to resolve any and all disputes between us. This provision applies to all consumers to the fullest extent allowable by law, but expressly excludes residents of Quebec, Russia, Switzerland and the Member States of the European Union. By accepting these terms, you and Bright Futures expressly waive the right to a trial by jury or to participate in a class action. This agreement is intended to be interpreted broadly. This Section covers any and all disputes between us ("Disputes"), including without limitation:

  • Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
  • Claims that arose before this Agreement or any prior agreement (including, but not limited to, claims relating to advertising);
  • Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
  • Claims that may arise after the termination of this Agreement.

The only disputes that are not covered by this Section are the following:

  • A claim to enforce or protect, or concerning the validity of, any of your or Bright Futures' (or any of Bright Futures' licensors') intellectual property rights;
  • A claim related to, or arising from, allegations of theft, piracy, or unauthorized use;
  • In addition, nothing in this Section shall prevent either party from initiating a small claims court action.

References to "Bright Futures," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or Software under this or prior Agreements between us. This arbitration provision evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Terms of Service.

A. Informal Negotiations/Notice of Dispute.

You and Bright Futures agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon receipt of written notice from one person to the other ("Notice of Dispute"). Notices of Dispute must:

  • include the full name and contact information of the complaining party;
  • describe the nature and basis of the claim or dispute; and
  • set forth the specific relief sought ("Demand")..

Bright Futures will send its Notice of Dispute to your billing address (if you provided it to us) or to the email address you provided to us. You will send your Notice of Dispute to: Bright futures, 7012 Prairie Rd. NE, Albuquerque, NM 87109, ATTENTION: Legal Department.

B. Binding Arbitration.

Binding Arbitration. If you and Bright Futures are unable to resolve a Dispute through informal negotiations within 30 days after receipt of the Notice of Dispute, either you or Bright Futures may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT BY THIS PROVISION, YOU AND BRIGHT FUTURES ARE FOREGOING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (AAA Consumer Rules), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, or if you send Bright Futures a notice to the Notice of Dispute address above indicating that you are unable to pay the fees required to initiate an arbitration, then Bright Futures will promptly pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and Bright Futures may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

C. Restrictions.

You and Bright Futures agree that any arbitration shall be limited to the Dispute between Bright Futures and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class action-basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AND BRIGHT FUTURES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Bright Futures agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

D. Location.

Arbitration will take place in Albuquerque, NM. Arbitration shall be initiated in the County of Bernaillo, State of New Mexico, United States of America, and you and Bright Futures agree to submit to the personal jurisdiction of that court, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

E. Recovery and Attorneys' Fees.

If the arbitrator rules in your favor on the merits of any claim you bring against Bright Futures and issues you an award that is greater in monetary value than Bright Futures' last written settlement offer made before written submissions are made to the arbitrator, then Bright Futures will:

  • Pay you 100% of your arbitration award; and
  • Pay your attorney, if any, the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration ("the attorney premium").

The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

The right to attorneys' fees and expenses discussed above supplements any right to attorneys' fees and expenses you may have under applicable law, although you may not recover duplicative awards of attorneys' fees or costs. Bright Futures does not waive any right it may have to seek an award of attorneys' fees and expenses in connection with any arbitration between us.

F. Limitation on Arbitrator's Authority.

The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

G. Changes to This Provision.

Notwithstanding any provision in this Agreement to the contrary, we agree that if Bright Futures makes any future change to this arbitration provision (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.

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