Except for disputes that qualify for small claims court, any dispute or claim arising out of or relating to these Terms of Use or any aspect of the relationship between you and CSM, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, <strong>will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that CSM and you are each waiving the right to trial by a jury</strong>. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement.