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By participating, you agree that 1 any and all disputes, claims, and causes of action arising out of or connected with the program, or any benefits claims or awarded, shall be resolved individually, without resort to any form of class action; 2 any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and shall not include attorneys' fees; and 3 to the extent permitted by applicable law, under no circumstances will anyone be permitted to obtain any award for, and you hereby waive all rights to claim consequential non-personal, or incidental damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms and Conditions, or the rights and obligations of Family Dollar, shall be determined by Family Dollar in its sole and absolute discretion.
These rules shall be governed by, and construed in accordance with the laws of the State of North Carolina without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of North Carolina. All participants waive all rights to trial in any action or proceeding instituted in connection with these Terms and Conditions or the program.
Any controversy or claim arising out of or relating to these Terms and Conditions or the program shall be settled by binding arbitration in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of North Carolina, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Family Dollar explicitly disclaims all warranties and representations of any kind, either express or implied, including but not limited to, warranties of merchantability, title, non-infringement, and fitness for a particular purpose.
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