We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.</p> <p>The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives, and the arbitrator will apply applicable law and the provisions of our privacy policy and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review.</p> <p>If any provision of the agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration).</p> <p>Regardless of any statute or law to the contrary, notice on any claim arising from or related to our privacy policy must be made within one (1) year after such claim arose or be forever barred.