A.How This Arbitration Provision Applies

Except as otherwise stated below, this Arbitration Agreement is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or a forum other than arbitration, and You and Arc agree that any legal dispute or controversy covered by this Arbitration Agreement, or arising out of, relating to, or concerning the validity, enforceability or breach of this Arbitration Agreement, shall be resolved by binding arbitration before a single, neutral arbitrator in accordance with the American Arbitration Association (“AAA”) Commercial Arbitration Rules (“AAA Rules”) then in effect. The AAA Rules are available online, free of charge, at https://www.adr.org/sites/default/files/2025_CommercialRules_Web.pdf. If the AAA Rules are inconsistent with the terms of this Arbitration Agreement, the terms of this Arbitration Agreement shall govern. Except as otherwise provided in this Arbitration Agreement for the Class Action Waiver defined below, jurisdictional and arbitrability disputes, including disputes over the formation, existence, validity, interpretation or scope of the agreement under which arbitration is sought, and who are proper parties to the arbitration, shall be submitted to and ruled on by the arbitrator. Unless otherwise required by law, the arbitrator has the authority to determine jurisdiction and arbitrability issues as a preliminary matter. In the event that the arbitrator determines that a claim by a consumer covered by this Arbitration Agreement falls within the scope of a dispute involving a consumer contract, the AAA Consumer Arbitration Rules then in effect shall apply. The AAA Consumer Arbitration Rules are available online, free of charge, at https://www.adr.org/sites/default/files/Consumer-Rules-Web_0.pdf.

By entering into this Arbitration Agreement, You agree to arbitrate disputes with any entity or individual, and waive Your right to have such disputes resolved by a trial by a jury or judge, arising out of or related to the Challenge, including all state law, statutes or regulations addressing the same or similar subject matters, and all other federal or state legal claims arising out of or relating to the Challenge. However, all parties retain the right to seek relief in a small claims court for disputes or claims within the scope of its jurisdiction. If, and only if, the AAA declines for any reason to administer the arbitration or is otherwise unable to administer the arbitration for any reason, You agree that any claim related to or arising out of the Challenge shall be brought in the state or federal courts in the state of California, pursuant to California law. If any judicial proceeding is brought elsewhere, it shall be transferred to a court located in California. Both You and we consent to venue and personal jurisdiction in California. To the extent permitted by applicable law, we both agree to waive our right to a jury trial.

B.Mandatory Informal Dispute Resolution

Before filing a claim against Arc in any forum, You agree first to attempt to resolve the dispute informally by notifying Arc of Your claim by sending an email to legal@arcinstitute.org with the subject line “Dispute Notice.” The Dispute Notice must contain the following information: (1) Your name, (2) address, (3) home and mobile telephone numbers, (4) the email address(es) used in connection with any transactions or interactions with us, (5) a brief description of the nature of the complaint, and (7) the resolution sought. If Your Dispute Notice does not contain all the above information (or an explanation of why You are unable to include it), then the Dispute Notice shall be without effect and must be resubmitted before any arbitration or other legal action against us can be initiated. This requirement is intended to inform us that You have a complaint to be resolved. If the dispute is not resolved within 60 days of receipt of the Dispute Notice, either party may seek relief as stipulated in this Arbitration Agreement.

C.Arbitration Procedure

In arbitration, the parties will have the right to conduct adequate civil discovery, bring dispositive motions, and present witnesses and evidence as needed to present their cases and defenses, and any disputes in this regard shall be resolved by the arbitrator. The statutes of limitations applicable to each claim or cause of action shall apply, and written notice of arbitration shall be initiated within the statute of limitations and other time limitations applicable to each claim or cause of action asserted. In resolving the underlying disputes (but not jurisdictional and arbitrability disputes, including disputes over the formation, existence, validity, interpretation or scope of the agreement under which arbitration is sought, and who are proper parties to the arbitration, which shall be governed by the FAA), the arbitrator shall apply the substantive law of California, without reference to conflicts of law rules, and the arbitrator shall have the power to award any remedies available under applicable law. The Federal Rules of Evidence shall apply, except as modified by the arbitrator. The arbitration shall take place in San Francisco, California, unless the parties agree otherwise in writing.

You and Arc agree to resolve any dispute in arbitration on an individual basis only, and not on a class or collective action basis (“Class Action Waiver”). The arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis and shall not do so on a class or collective action basis. Notwithstanding any other provision of this Arbitration Agreement or the AAA Rules, disputes regarding the enforceability, revocability, or validity of this Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (1) the dispute is filed as a class or collective action; and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class and/or collective action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration. The Class Action Waiver shall be severable in any case in which the dispute is filed as an individual action and severance is necessary to ensure that the individual action proceeds in arbitration.

D.Paying For the Arbitration

You and Arc shall follow the AAA Rules applicable to initial filing fees and/or arbitration fees. Each party will pay the fees for his, her, or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law (e.g., a party prevails on a claim that provides for the award of reasonable attorneys’ fees to the prevailing party).

E.The Arbitrator’s Decision and Award

The arbitrator must follow applicable law and may award any party any remedy to which that party is entitled under applicable law, but such remedies shall be limited to those that would be available to a party in his or her individual capacity in a court of law for the claims presented to and decided by the arbitrator, and no remedies that otherwise would be available to an individual in a court of law will be forfeited by virtue of this Arbitration Agreement. The arbitrator’s decision shall be final and binding upon the parties, must be in writing, and must contain the arbitrator’s reasoning. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction, including, as appropriate, pursuant to the terms of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

F.Enforcement of this Arbitration Agreement; Other Terms

Any party (including Arc affiliates) to this Arbitration Agreement may bring an action in a court of competent jurisdiction to compel arbitration under this Arbitration Agreement, and to confirm, vacate, or enforce an arbitration award, with each party bearing its own attorneys’ fees, costs and expenses in such court proceedings, subject to any remedies to which that party may later be entitled under applicable law. This Arbitration Agreement replaces all prior agreements (if any) regarding the arbitration of disputes and is the full and complete agreement relating to the formal resolution of disputes covered by this Arbitration Agreement. Except as stated in Paragraph C above, in the event any portion of this Arbitration Agreement is deemed unenforceable, the remainder of this Arbitration Agreement will be enforceable.

June 26, 2025