Claims arising out of or relating to any aspect of the relationship between the Parties, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;<br> Claims that arose before this or any prior agreement between the Parties (including, but not limited to, claims relating to advertising);<br> Claims that are currently the subject of purported class action litigation in which Customer is not a member of a certified class. and<br> Claims that may arise after the termination of any agreement between the Parties.</p> <p>Notwithstanding the foregoing, either party may bring an individual action in small claims court. Customer agrees that, by accepting these terms and conditions, Customer and cleverbridge are each waiving the right to a trial by jury or to participate in a class action.