DJI Enterprise/DJI Industrial LLC 11/12/2021

deemed to waive, preclude, or otherwise limit the right of either party to: (a)bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim. 9.3. Arbitrator. Any arbitration between you and DJI will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules")of the American Arbitration Association("AAA"),as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org,by calling the AAA at 1-800-778-7879, or by contacting DJI. 9.4. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address,then by electronic mail("Notice").DJI's address for Notice is: 14th Floor,West Wing, Skyworth Semiconductor Design Building, No.18 Gaoxin South 4th Ave, Nanshan District, Shenzhen, China, 518057. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or DJI may commence an arbitration proceeding. During the arbitration,the amount of any settlement offer made by you or DJI must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor,DJI will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by DJI in settlement of the dispute prior to the arbitrator's award; or(iii) $1,000. 9.5. Fees. If you commence arbitration in accordance with these Terms, DJI will reimburse you foryour payment of the filing fee, unless your claim is for more than $10,000,in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Francisco County, California,but if the claim is for$10,000 or less,you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator;(b)through a non-appearance based telephone hearing;or(c)by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse DJI for all monies previously disbursed by it that are otherwise your obligation to pay under the