SFE Energy Natural Gas and Electricity Plans

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By checking off this box, I confirm and authorize enrollment for the services chosen and have completely read, understood, agree and accept the enrollment and all other disclosures and materials relating to the Agreement for the service(s), including:

Terms and Conditions

Disclosure Statement

This electronic acceptance of the Agreement is an agreement to initiate services and commence enrollment. I hereby consent and authorize SFE Energy to review and obtain information regarding my historical consumption information/data from the Utility and I authorize the release of such information to SFE Energy. The information obtained may be used by SFE Energy (and any of its affiliates, representatives or agents) to determine whether it will initiate and/or continue to provide Natural Gas and/or Electricity service(s) to me. The information obtained shall not be disclosed to a third-party unless required by law.

The authorization I provide will remain in effect during the course of the initial term of this Agreement and any renewal term as well. At any time, you may request a hard copy of this Agreement and SFE Energy will provide you with one within 3 (three) business days after this request is completed.

I understand that the supply of Natural Gas and/or Electricity will be provided by SFE Energy. The delivery of the energy services shall continue to be provided by the utility; and the utility will also be available to respond to leaks or other emergencies should they occur.

You may cancel this Agreement without penalty at any time before thirty (30) days from the date of Your first bill, indicating SFE Energy as Your Core Transport Agent. Upon cancellation of the Agreement, SFE Energy will provide you with a cancellation Number. At anytime, you also may rescind your authorization for the release of your information (by the utility). As mentioned above, if you wish to request a hard copy of this Agreement or wish to rescind the Agreement, please call into SFE Energy’s toll-free number at 1-888-659-2994 or email us at cs@sfeenergy.com. You may print a copy of your Agreement summary (Disclosure Statement) as well as your Terms and Conditions by clicking the hyperlinks above in the first paragraph.

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Rate below is only available to new residential customers enrolling with SFE Energy for the first time. You are eligible for the plan if your annual usage does not exceed 15,000 kWh for electricity supply and/or 1,500 therms/Ccf and/or 150 Mcf for natural gas supply.

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Cancellation fees may apply, $7.50 + taxes per month or partial month remaining on the agreement, see Terms and Conditions for details.

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1. Agency.	You hereby appoint SFE as agent for the purposes of (i) acquiring the supplies necessary to meet Your basic Natural Gas service, and (ii) arranging, contracting for and administering transportation and related services over transmission facilities and those of the NGPU needed to deliver basic Natural Gas service to Your Service Address. The Agreement is for the sale and purchase of basic Natural Gas service and is between SFE and You under which You shall initiate basic Natural Gas •service and begin enrollment with SFE. Subject to the Terms and Conditions of the Agreement, SFE agrees to sell and deliver, and You agree to purchase and accept the quantity of basic Natural Gas service, as estimated by SFE, necessary to meet the requirements based upon consumption data obtained by SFE or the delivery schedule of Your NGPU. The amount of basic Natural Gas service delivered under the Agreement is subject to change based upon data reflecting Your consumption obtained by SFE or the NGPU delivery schedule. You acknowledge that You are the account holder, or the spouse of the account holder, over the age of eighteen (18) and authorized to make account decisions.
2. Length of Agreement.	You acknowledge that the commencement of this Agreement begins on the date in which You have signed this Agreement ("Start Date"). You acknowledge that the basic Natural Gas service under this Agreement depends upon the date on which Your NGPU completes all applicable •switching and enrollment processes. You further acknowledge that the timing for the NGPU's completion of the switching and enrollment processes is beyond SFE's control, SFE makes no warranties as to the meter reading date on which Your basic Natural Gas service commences ("Supply Date"). The end date ("End Date") of the Agreement is the meter reading date after the entire Term of the Agreement from the Supply Date, plus any time required to obtain a final meter read. The Term of Your Agreement is three (3) years and thirty-six (36) months. You acknowledge that the Agreement Term is not completed until You have received a total of three (3) years thirty-six (36 months) of commodity supply service from SFE.
3. Agreement Expiration/Change in Terms.	Upon expiry of Your Term, Your Agreement will continue on a month to month basis unless You choose another Natural Gas service provider or sign a new Agreement with SFE
4. SFE's Eco Natural Gas Program.	Should the Agreement(s) become effective in accordance with Section two (2), SFE will issue four (4) free energy saving LED light bulbs (“LED bulbs”) to the Billing Address. LED bulbs will be sent after You contact SFE (see Section 15) with the request. To be eligible You must have received continuous, uninterrupted service from SFE for a minimum of three (3) months for the Natural Gas from the Supply Date and be an active customer at the time of Your request. All LED bulbs offered under this Agreement will be covered by a lifetime warranty as long as You remain enrolled in the Flat Price Plan. Please contact SFE (see Section 15) for any warranty inquiries.
5. Fulfillment/LED Bulb Offer.	SFE sets the Natural Gas supply and/or Electricity services price ("Price") for the programs outlined on the Terms of Service which are described below. The Electricity Price includes applicable costs for delivery to the applicable Load Bus, excluding applicable state and local tax. The Natural Gas Price includes applicable costs for transmission and delivery for Natural Gas delivered to Your NGC/EDU's city gate excluding applicable state and local tax. In addition to the Price for the SFE program selected, You will pay NGC/EDU charges. Savings are not guaranteed on any of the plans offered on this Agreement(s).
6. Title.	All basic Natural Gas service sold under the Agreement shall be delivered to a location considered the "Point of Delivery", which shall be at the NGPU City Gate (located outside of the municipality where You reside), and shall constitute the point at which title transfers and the sale occurs. SFE will indemnify and hold You harmle ss from all taxes, royalties, fees or other charges incurred before title passes with respect to the basic Natural Gas service provided in these Agreement.
7. Pricing and Billing.	The Price You will pay to SFE for the Natural Gas service is a monthly charge for Natural Gas consumption, as selected on the Agreement Details.You are eligible for the Program if Your annual consumption does not exceed 700 therms of Natural Gas. Savings are not guaranteed on any of the Plans offered on this Agreement(s). Should Your historical annual usage, either upon enrollment or while on the Program, be above the Upper Threshold (700 therms/year), You agree and authorize SFE to bill You a monthly amount for Your usage above the Upper Threshold based on the SFE variable rate, which will be based on market pricing for delivery to Your NGPU's city gate. Your monthly amount is based on a twenty eight (28) to thirty one (31) day month depending on Your Supply Date. The monthly amount may be prorated based on Your NGPU's billing cycle. Should You owe any past due amounts on Your NGPU bill, Your NGPU is responsible for collecting any past due amount from You. If You fail to pay any past due amount owed to the NGPU, the NGPU may then disconnect Your service. If You fail to pay any past due amount owed to SFE, SFE may transfer Your Natural Gas service back to the NGPU, who may then disconnect Your Natural Gas service if You fail to pay the NGPU's charges. Unless otherwise agreed to in writing, the basic Natural Gas service does not include applicable taxes of any kind. You are responsible for any and all taxes (whether passed through to You on NGPU's bill as a separate line item or as part of the Price of Natural Gas, as required by law, rule or regulation). You understand and agree that You are responsible for Your NGPU charges for distribution and delivery, which are subject to change when SFE becomes Your supplier (Your delivery charge will change to reflect the price component that is embedded in the NGPU price for delivery). If SFE is charged a billing fee from the NGPU as a cost for billing You or providing basic Natural Gas service to You, SFE will pass it through to You.
Customer Charge:	You may be subject to a monthly customer charge in the amount of $6.98. The monthly customer charge is based on a twenty eight (28) to thirty one (31) day month and may be prorated based on Your billing period. The Price, along with Your NGPU charges will appear in a single bill prepared by Your NGPU. If Your NGPU does not bill You for SFE's charges, then SFE may choose to bill You directly, or return You to Your NGPU's supply service. In the event that Your first NGPU billing cycle with SFE is less than one (1) month, SFE may bill You in full for the period during which service was rendered in the preceding billing cycle. For residential customers under the Flat Price Plan, the total Price of Natural Gas is estimated to be 43 cents per therm, which is calculated based on the maximum annual usage of 700 therms. You may not be eligible for the Plan if Your annual usage exceeds 700 therms. The following table provides You with an estimate of the monthly Natural Gas bill based on the total Price of Natural Gas (in therms) delivered to a residential customer under the Flat Price Plan Natural Gas Price and estimated monthly usage: 10 [$24.99]; 25 [$24.99]; 50 [$24.99]. The following estimate monthly usages are based on the Flat Price Plan Natural Gas Price Natural Gas delivery to Your NGPU's city gate, and is subject to change: 75 [$33.32]; 100 [$45.82]; 150 [$70.82]; 200 [$95.82]; 250 [$120.82]; 275 [133.32]; 300 [$145.82]; 400 [$195.82]; 500 [$245.82]; 600 [$295.82]; 700 [$345.82]; 800 [$NA]; 900 [$NA]; 1000 [$NA]. Total Price of Natural Gas includes the estimated Price of Natural Gas, the estimated price to transport the Natural Gas to Your home or business, and all other estimated charges. Residential customer under the Flat Price Plan total Price of Eco Natural Gas is estimated to be 51 cents per therm, which is calculated based on the maximum annual usage of 700 therms. You may not be eligible for the Plan if Your annual usage exceeds 700 therms. The following table provides You with an estimate of the monthly Natural Gas bill based on the total price of Natural Gas (in therms) delivered to a residential customer under the Flat Price Plan Eco Natural Gas Price and estimated monthly usage: 10 [$29.99]; 25 [$29.99]; 50 [$29.99]. The following estimate monthly usages are based on the Flat Price Plan Natural Gas Price for Natural Gas delivery to Your NGPU's city gate, and is subject to change: 75 [$38.32]; 100 [$50.82]; 150 [75.82]; 200 [$100.82]; 250 [125.82]; 275 [$138.32]; 300 [$150.82]; 400 [$200.82]; 500 [$250.82]; 600 [$300.82]; 700 [$350.82]; 800 [$NA]; 900 [$NA]; 1000 [$NA]. Total Price of Natural Gas includes the estimated Price of Natural Gas, the estimated price to transport the Natural Gas to Your home or business, and all other estimated charges. You will continue to be responsible for payment of Your NGPU's Natural Gas • transportation charges, even if You authorize Your NGPU to send information about Your Natural Gas transportation charges to SFE (see Section 11). You understand and agree that the CPUC will •continue to regulate Your NGPU and SFE. You also understand that the CPUC does not regulate SFE's Natural Gas pricing under the Core Natural Gas Aggregation Service and that You are responsible for any Agreement with SFE for such pricing and service.
8. Cancellation Provision.	You have the right to cancel Your Agreement for Natural Gas service that You have entered into with us. For a residential Natural Gas customer, You have the right to cancel the Agreement until midnight of the thirtieth (30) day after the date of the first bill for SFE Natural Gas service has been issued to You. SFE reserves the right to cancel Your Agreement if Your annual usage is less than one hundred (100) therms per year. Regardless of the Price selected, You are liable for all SFE charges until You return to the NGPU's default service or switch to another •supplier. A final bill will be rendered after the final scheduled meter reading; however, if a final meter reading is unavailable, an estimate of consumption will be used in the final bill, which will be trued-up subsequent to the final meter reading. If You plan to move to another location, You may transfer this Agreement by notifying SFE (see Section 15), of Your new Service Address at least forty-five (45) days in advance of the anticipated relocation date. Upon receipt of such notice, SFE will use reasonable commercial efforts to continue the program contemplated by this Agreement for the remaining Term of the Agreement at the new Service Address. Your NGPU may provide to SFE a notification of a change of address within Your NGPU supply service area and when SFE receives such notice it will use reasonable commercial efforts to continue the program contemplated by the Agreement for the remaining Term of the Agreement at the new Service Address. Otherwise, the Agreement shall be automatically cancelled, and early cancellation fees may be assessed. You also agree to notify SFE in writing of any other change of information (including a change of account number, contact information or mailing address) at least sixty (60) days prior to such change taking effect or immediately if the change is to take effect in less than sixty (60) days. If You move from one location to another, a final bill will be rendered after the final scheduled meter reading, however, if a final meter reading is unavailable, an estimate of consumption will be used in the final bill, which will be trued-up subsequent to the final meter reading. The cancellation will become effective on a date determined by Your NGPU. If a new provider is not selected, cancellation of the Agreement shall return You to Your NGPU supply service. If SFE seeks to cancel the Agreement, SFE will send You advance written notice within forty-five (45) days. Reasons for cancellation may include but are not limited to: Non-Payment - If Your Natural Gas service is cancelled by Your NGPU, then the Agreement is cancelled on the date that Your basic Natural Gas service is cancelled. SFE is not permitted to physically disconnect and/or reconnect Your Natural Gas service. If Your Natural Gas service is disconnected by Your NGPU, You may be obligated to pay a disconnect fee to Your NGPU. In order to reestablish Natural Gas service, You may have to pay a reconnection fee to Your NGPU. Usage - SFE reserves the right to decline the Agreement if Your basic Natural Gas service usage is determined by SFE to be too low. This determination shall be at the sole discretion of SFE. SFE also reserves the right to cancel this Agreement if Your historical annual usage and/or future annual usage for basic Natural Gas service exceeds the maximum volume threshold offered, as selected on the Agreement Details. Material Breach - You have breached the Agreement in any way. Regulatory Changes - If, at some future date, there is a change in any law, rule, regulation or pricing structure whereby SFE is prevented, prohibited, or frustrated from carrying out the terms of the Agreement.
9. Early Cancellation Fees.	An early cancellation fee of $5.00, plus applicable taxes, for each month or partial month remaining on the Flat Price Plan Term or $7.50, plus applicable taxes, for each month or partial month remaining on the Eco Natural Gas Program Term will apply if this Agreement is terminated prior to the end of the Term selected above. These early cancellation fees shall apply if You cancel the Agreement at any time after thirty (30) days from the date of Your first bill, indicating SFE as Your CTA. These early cancellation fees may be added directly on Your NGPU bill.
10. Assignment.	You may not assign Your interests in or delegate Your obligations under this Agreement. SFE may sell, transfer, pledge, or assign the accounts receivable, revenues, or proceeds hereof, in connection with any financing agreement, purchase of accounts receivables program or billing services agreement, and may assign the Agreement and the rights and obligations thereunder, to another energy supplier, energy services company or other entity as authorized by the CPUC, by providing You with thirty (30) days' notice.
11. Information Release Authorization.	You authorize SFE and its affiliates to obtain and review information regarding Your credit history from credit reporting agencies and the following information from the NGPU: historical Natural Gas usage, and energy billing and payment information, including any negotiated payment plans entered into between You and Your NGPU, to SFE as a condition of obtaining Natural Gas under Your NGPU's tariffs for Core Natural Gas Aggregation Service. You also authorize Your NGPU to release to SFE the Information that is necessary to provide Core Natural Gas Aggregation Service for the NGPU account(s) listed in Your Agreement. You further understand that this will assist Your NGPU and SFE in providing better customer service. SFE is required to keep this Information secure and confidential at all times. SFE's authorization will remain in effect during the initial Term and any renewal Term of the Agreement. This Information will not be disclosed to a third party unless required by law. Your execution of the Agreement shall constitute authorization for the release of this Information to SFE. You may consent to providing SFE with a copy of Your NGPU bill(s) in order to process the Agreement with the NGPU. You may rescind this authorization at any time by providing written notice thereof to SFE or by calling SFE (see Section 15). SFE reserves the right to cancel the Agreement in the event You rescind the authorization. You also understand and agree that SFE is not an agent of NGPU, and NGPU shall not be liable for any SFE acts, omissions or representations including any liability resulting from use of Information disclosed to SFE or others as part of this authorization.
12. Warranty.	The Agreement for basic Natural Gas service, including applicable attachments, constitutes the entire Agreement for the basic Natural Gas service between You and SFE. SFE makes no representations or warranties other than those expressly set forth in the Agreement and SFE expressly disclaims all other warranties, expressed or implied, including merchantability and fitness for a particular use.
13. Force Majeure.	SFE will make commercially reasonable efforts to provide basic Natural Gas service hereunder but SFE does not guarantee a continuous supply of basic Natural Gas service to You. Certain causes and events out of the control of SFE ("Force Majeure Events") may result in interruptions in service. SFE will not be liable for any such interruptions caused by a Force Majeure Event, and SFE is not and shall not be liable for damages caused by Force Majeure Events. Force Majeure Events shall include but are not limited to acts of God, fire, flood, storm, terrorism, war, civil disturbance, acts of any governmental authority, accidents, strikes, labor disputes or problems, required maintenance work, inability to access the necessary distribution or transmission system, non-performance by the NGPU (including, but not limited to, a facility outage on its Natural Gas distribution lines), changes in laws, rules, or regulations of any governmental authority or any other cause beyond SFE's control.
14. Liability.	You may contact SFE's Customer Care 1-888-659-2994 Monday through Friday 11:00 a.m. - 9:00 p.m. EST and Saturday 2:00 p.m. - 12:00 a.m. EST (Customer Care hours subject to change). You may write to SFE at: SFE Energy California, Inc., P.O. Box 967, Buffalo, NY 14240-0967 or via email at cs@sfeenergy.com. SFE's fax number is 1-866-421-8098. The name and telephone number of Your NGPU and Supplier of Last Resort is : Pacific Natural Gas & Electric (PG&E) at 1-800-743-5000.
16. Your Rights	If You Are Denied Service. If You are offered Natural Gas service by SFE, and we decline to provide the service to You, You have the right to request that SFE provide You with a written reason as to why SFE declined to provide You with service. Your request for the written reason must be made within thirty five (35) days from the date that SFE declined to provide service to You. SFE will then have thirty (30) days from Your request to provide You with the written reason as to why SFE declined to provide service to You. If You disagree with the written reason as to why SFE declined to provide service to You, You may submit an informal complaint to the CPUC to see if the CPUC can informally resolve this issue. The parties agree to use their best efforts to resolve any dispute. If You are not satisfied after discussing Your terms with us, You may contact the CPUC at 1-800-449-7570 or at www.cpuc.ca.gov/puc.
17. Complaint Procedures.	Different complaint procedures apply depending upon whom You have a dispute with. If You have a billing-related dispute concerning Your NGPU charges, or a dispute regarding the manner in which the Natural Gas is distributed to Your residence, an informal complaint may be submitted to the CPUC for an attempt at resolving the matter. If the matter is not resolved, You may file a formal complaint with the CPUC if You meet the conditions set forth in Article 4 of the CPUC's Rules of Practice and Procedure. If You have a billing-related or service-related dispute with SFE, You may complain to the CPUC. The CPUC shall first attempt to informally resolve Your complaint through the informal complaint process. If the matter cannot be resolved satisfactorily, You may file a formal complaint against SFE with the CPUC or file a complaint against SFE in civil court. If You file or submit a complaint with the CPUC against Your NGPU or SFE, Your Natural Gas service cannot be disconnected if You deposit the disputed amount with the CPUC in an escrow account. If You have any questions regarding the CPUC complaint procedures, You may contact the Consumer Affairs Branch (CAB) or the Public Advisor's Office of the CPUC. The CAB may be reached at 1-800 649-7570, and the Public Advisor's Office may be reached at 1-866-849-8390.
18. Agreement Verification.	If You decide to purchase Your Natural Gas service from someone other than Your current provider of Natural Gas, the law requires the new CTA or the NGPU to verify that You agree to the change in Your provider. This verification can take place in several ways. If You are a residential customer and You are contacted by a CTA, and You agree to switch to the CTA as Your new Natural Gas provider, the CTA is required to connect You to a "third-party verification company," or to have the third-party verification company call You, to confirm that You agree to switch to the new CTA. The third-party verification company may ask You for certain identifying information such as Your name, Your address, Your current Natural Gas provider and account number, and whether You agree to the switch to the new CTA that You have selected. You should be careful not to disclose any more information than necessary to confirm the switch. The third- party verification company can use the information that You provide only to confirm that You agree to the switch in provider. An unauthorized release of the information You supplied to the third party verification company is grounds for a civil lawsuit. You may also request the third-party verification company for a copy of the record that confirms You have agreed to switch to the new provider of Your choice. If You directly call the CTA that You want to switch to, Your new Natural Gas provider is not required to use the third-party verification process described above. Instead, Your contact with the new provider is sufficient to confirm that You agree to switch to the CTA You called.
19. Force Majeure.	SFE will make commercially reasonable efforts to provide Natural Gas and/or Electricity hereunder but SFE does not guarantee a continuous supply of Natural Gas and/or Electricity to You. Certain causes and events out of the control of SFE ("Force Majeure Events") may result in interruptions in service. SFE will not be liable for any such interruptions caused by a Force Majeure Event, and SFE is not, and shall not be, liable for damages caused by Force Majeure Events. Force Majeure Events shall include but are not limited to acts of God, fire, flood, storm, terrorism, war, civil disturbance, acts of any governmental authority, accidents, strikes, labor disputes or problems, required maintenance work, inability to access the necessary distribution or transmission system, non-performance by the NGC/ EDU (including, but not limited to, a facility outage on its Natural Gas and/or Electricity supply distribution lines), changes in laws, rules, or regulations of any governmental authority or any other cause beyond SFE's control.
19. Taxes and Laws.	Except as otherwise provided in the Agreement or provided by law, all taxes of whatsoever kind, nature, and description due and payable with respect to service provided under the Agreement, shall be paid by You, and You agree to indemnify SFE and hold SFE harmless from and against any and all such taxes. The Agreement is subject to present and future legislation, orders, rules, regulations, or decisions of a duly constituted governmental authority having jurisdiction over the Agreement or the service to be provided hereunder. If You are exempt of any taxes it is Your responsibility to contact Customer Care (see Section 15) to provide necessary certificates and other documentation to qualify for such status. Tax exemption will only occur on the next meter read bill after such notice is received and acknowledged.
20. ARBITRATION.	THE PARTIES AGREE THAT, AT THE REQUEST OF EITHER PARTY, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT(S), INCLUDING ITS EXISTENCE, PERFORMANCE, INTERPRETATION, BREACH, VALIDITY, OR TERMINATION, AND WHICH ARE NOT OTHERWISE RESOLVED BY THE PARTIES SHALL BE SUBJECT TO AND FINALLY RESOLVED BY INDIVIDUAL ARBITRATION ONLY, EXCEPT THAT ANY DISPUTE OR CLAIM THAT MAY BE BROUGHT IN SMALL CLAIMS COURT OR ANY CLAIM THAT CANNOT BE ARBITRATED UNDER APPLICABLE LAW SHALL NOT BE SUBJECT TO ARBITRATION. ANY SUCH ARBITRATION SHALL BE THE PARTIES' SOLE AND EXCLUSIVE REMEDY. BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT ANY SUCH DISPUTE WILL BE DECIDED BY A NEUTRAL THIRD PARTY OUTSIDE OF COURT AND THAT YOU AND SFE ARE WAIVING YOUR RIGHTS TO SUE IN A COURT OF LAW AND TO HAVE A JURY TRIAL REGARDING SUCH DISPUTE. YOU AGREE THAT SUCH ARBITRATION PROVIDES YOU WITH A MEANINGFUL AND AFFORDABLE WAY TO HANDLE DISPUTES RELATED TO THIS AGREEMENT. The arbitration will be administered in accordance with the Rules of Arbitration of the state where the Service Address is located. The arbitrator(s) shall not have authority to join or combine the claims of more than one person or to hear ordecide any class, collective or representative action of any kind against You or SFE. The award of the arbitrator shall be final and binding and judgment on it may be entered in any court of competent jurisdiction. The arbitration shall take place in the county seat of the county in which You reside. You and SFE shall each pay their own filing and legal fees and other expenses, unless provided otherwise by law or this Agreement. The interpretation and enforcement of this arbitration provision shall be governed by the Federal Arbitration Act. The arbitrator(s) selected according to the terms set forth herein shall determine the arbitrability of a ny matter brought to them, and their decision shall be final and binding on the Parties in all respects. This provision shall survive termination of this Agreement.
21. CLASS ACTION WAIVER AND OTHER RESTRICTIONS.	ARBITRATION SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS. YOU AND SFE EXPRESSLY WAIVE THE RIGHT TO COMMENCE, BE A PARTY TO, JOIN IN OR BE AN ACTUAL OR PUTATIVE CLASS MEMBER OF ANY CLASS, COLLECTIVE, GROUP, JOINT, OR REPRESENTATIVE ACTION OF ANY KIND IN ANY FORUM, INCLUDING IN COURT AND ARBITRATION, ARISING FROM OR RELATED TO THIS AGREEMENT. The arbitrator's authority to resolve and make written awards is limited to Claims between You and SFE alone. Claims may not be joined or consolidated unless agreed to in writing by all Parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named Party to the arbitration. Notwithstanding any other provision in these Terms and Conditions, and without waiving either party's right of appeal, if any portion of this "Class Action Waiver and Other Restrictions" provision is deemed invalid or unenforceable, then the entire Arbitration Provision (other than this sentence) shall not apply. This provision shall survive termination of this Agreement.
22. WAIVER OF JURY TRIAL.	SUBJECT TO ANY AGREEMENT TO ARBITRATE BETWEEN YOU AND SFE, YOU AND SFE WAIVE THE RIGHT TO A JURY TRIAL IN ANY CLAIM OR DISPUTE ARISING BETWEEN THE PARTIES ARISING FROM OR RELATED TO THIS AGREEMENT THAT PROCEEDS IN COURT, AND AGREE THAT THE CLAIM OR DISPUTE WILL BE HEARD AND DECIDED ONLY BY A JUDGE. This provision shall survive termination of this Agreement.
23. Delay or Failure to Exercise Rights.	No partial performance, delay, or failure on the part of SFE in exercising any rights under the Agreement, and no partial or single exercise thereof, shall constitute a waiver of such rights or of any other rights hereunder.
22. CLASS ACTION WAIVER AND OTHER RESTRICTIONS.	ARBITRATION SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS. YOU AND SFE EXPRESSLY WAIVE THE RIGHT TO COMMENCE, BE A PARTY TO, JOIN IN OR BE AN ACTUAL OR PUTATIVE CLASS MEMBER OF ANY CLASS, COLLECTIVE, GROUP, JOINT, OR RE PRESENTATIVE ACTION OF ANY KIND IN ANY FORUM, INCLUDING IN COURT AND ARBITRATION, ARISING FROM OR RELATED TO THIS AGREEMENT. The arbitrator's authority to resolve and make write n awards is limited to claims between You and SFE alone. Claims may not be joined or consolidated unless agreed to in writing by all Parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named Party to the arbitration. Notwithstanding g any other provision in these Terms and Conditions, and without waiving either Party's right of appeal, if any portion of this "Class Action Waiver and Other Restrictions" provision is deemed invalid or unenforceable, then the entire Arbitration Provision (other than this sentence) shall not apply. This provision shall survive termination of this Agreement.
24. Parties Bound.	The Agreement is binding upon the parties hereto and their respective successors and legal assigns.

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