Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the immediately preceding paragraph, then either party may initiate binding arbitration. All claims arising out of or relating to the Terms (including their formation, performance and breach), your and our relationship and/or your use of the Services shall be finally settled by binding arbitration administered by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. You and we shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Terms, including, but not limited to, any claim that all or any part of the Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on you and us and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of the Terms shall be subject to the Federal Arbitration Act. The JAMS rules governing the arbitration may be accessed at xxxxx://xxx.xxxxxxx.xxx/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law. You and we understand that, absent this mandatory provision, you and we would have the right to sue in court and have a jury trial. You and we further understand that the right to discovery may be more limited in arbitration than in court.
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Samples: sokosafari.com
Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the immediately preceding paragraph, then either party may initiate binding arbitration. All claims arising out of or relating to the Terms (including their formation, performance and breach), your and our relationship and/or your use of the Services Disputes shall be finally settled by binding arbitration administered by JAMS, JAMS in accordance with the expedited procedures of the JAMS Streamlined Comprehensive Arbitration Rules and ProceduresProcedures as those Rules exist as of the effective date of these Terms of Use, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. You and we shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority authority, except as may otherwise be stated in these Terms of Use, to resolve all disputes Disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Termsthese Terms of Use or Online Privacy Statement, including, including but not limited to, to any claim that all or any part of the these Terms of Use or Online Privacy Statement is void or voidablevoidable (except for the class action waiver below). The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award decision shall be final, binding, and non- appealable in writing court. Judgment upon the award may be entered and provide enforced in any court having jurisdiction. The arbitrator’s award will consist of a written statement stating the disposition of each claim and will include a concise written statement of the essential findings and conclusions, shall be binding conclusions on you and us and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of which the Terms shall be subject to the Federal Arbitration Act. The JAMS rules governing the arbitration may be accessed at xxxxx://xxx.xxxxxxx.xxx/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that award is more than what you would otherwise have to pay to file suit in a court of lawbased. You and we understand thatthe Company (the “parties”) adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of these Terms of Use) with respect to any final award in an arbitration arising out of or related to these Terms of Use or Online Privacy Statement. With regard to the appeal, absent this mandatory provisionand only for disputes in excess of $50,000, either party may request a panel of three (3) arbitrators in lieu of only one (1) arbitrator. The parties will make reasonable efforts to agree upon mutually satisfactory arbitrator(s) chosen from the JAMS panel and the arbitrator(s) must be neutral. The arbitration shall take place at a JAMS location closest to where you reside. The parties agree that all proceedings before the arbitrators will remain confidential between the parties. However, either party may register the judgment of any arbitral award in an appropriate court, and we would have the right parties may disclose information regarding the arbitration if required by law or judicial decision. This agreement to sue binding arbitration in court and have a jury trialno way limits or affects your or our rights under the Investment Advisers Act. You and we further understand that the right Nothing in these Terms of Use precludes you or us from filing or participating in administrative proceedings before government administrative agencies to discovery may be more limited in arbitration than in courtaddress alleged violations of law enforced by those state agencies. JAMS’ RULES GOVERNING ARBITRATION MAY BE ACCESSED AT XXX.XXXXXXX.XXX OR BY CALLING JAMS AT 0-000-000-0000. IF YOU INITIATE AN ARBITRATION AGAINST THE COMPANY, $250 IS THE ONLY ARBITRATION FEE YOU WILL BE REQUIRED TO PAY, WHICH IS APPROXIMATELY EQUIVALENT TO CURRENT COURT FILING FEES. ALL OTHER JAMS ARBITRATION COSTS WILL BE BORNE BY THE COMPANY, INCLUDING ANY REMAINING JAMS CASE MANAGEMENT FEE AND ALL PROFESSIONAL FEES FOR THE ARBITRATOR’S SERVICES. THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION. THE PARTIES ALSO UNDERSTAND THAT ALTHOUGH ARBITRATION ALLOWS FOR THE DISCOVERY OR EXCHANGE OF NON-PRIVILEGED INFORMATION RELEVANT TO THE DISPUTE, THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
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Agreement to Binding Arbitration. If we you and The Den do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the immediately preceding paragraph, then either party may initiate binding arbitration. All claims arising out of or relating to the Terms of Service (including their formation, performance and breach, including breach of the arbitration agreement), your use of the Services, your and our relationship and/or your use of the Services shall be finally settled by binding arbitration administered by JAMS, in accordance with the JAMS Streamlined AAA American Arbitration Association (“AAA”) Employment Arbitration Rules and ProceduresMediation Procedure (“AAA Rules”) if you are in the United States, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. You and we The Den shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and ProceduresAAA Rules. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the TermsTerms of Service and/or this arbitration agreement, including, but not limited to, any claim that all or any part of the Terms this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on you and us and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of the Terms this arbitration agreement and all other agreements between you and The Den shall be subject to the Federal Arbitration Act. The JAMS current AAA rules governing the arbitration may be accessed at xxxxx://xxx.xxxxxxx.xxx/adr-rules-proceduresxxxxx://xxx.xxx.xxx/Employment. Updated copies of the rules are available for review from the AAA’s website (xxx.xxx.xxx). If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we The Den will pay the additional cost. If we are The Den is required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS AAA along with your form for initiating the arbitration, and we The Den will make arrangements arrange to pay all necessary fees directly to JAMSAAA. We The Den will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMSAAA. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law. You and we The Den understand that, absent this mandatory provision, you and we The Den would have the right to sue in court and have a jury trial. You and we The Den further understand that the right to discovery may be more limited in arbitration than in court.
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Samples: Scope of Agreement
Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the immediately preceding paragraph, then either party may initiate binding arbitration. All claims arising out of or relating to the Terms (including their formation, performance and breach), your and our relationship and/or your use of the Services Disputes shall be finally settled by binding arbitration administered by JAMS, JAMS in accordance with the expedited procedures of the JAMS Streamlined Comprehensive Arbitration Rules and ProceduresProcedures as those Rules exist as of the effective date of these Terms of Use, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. You and we shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority authority, except as may otherwise be stated in these Terms of Use, to resolve all disputes Disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Termsthese Terms of Use or Online Privacy Statement, including, including but not limited to, to any claim that all or any part of the these Terms of Use or Online Privacy Statement is void or voidablevoidable (except for the class action waiver below). The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award decision shall be final, binding, and non- appealable in writing court. Judgment upon the award may be entered and provide enforced in any court having jurisdiction. The arbitrator’s award will consist of a written statement stating the disposition of each claim and will include a concise written statement of the essential findings and conclusions, shall be binding conclusions on you and us and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of which the Terms shall be subject to the Federal Arbitration Act. The JAMS rules governing the arbitration may be accessed at xxxxx://xxx.xxxxxxx.xxx/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that award is more than what you would otherwise have to pay to file suit in a court of lawbased. You and we understand thatthe Company (the “parties”) adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of these Terms of Use) with respect to any final award in an arbitration arising out of or related to these Terms of Use or Online Privacy Statement. With regard to the appeal, absent this mandatory provisionand only for disputes in excess of $50,000, either party may request a panel of three (3) arbitrators in lieu of only one (1) arbitrator. The parties will make reasonable efforts to agree upon mutually satisfactory arbitrator(s) chosen from the JAMS panel and the arbitrator(s) must be neutral. The arbitration shall take place at a JAMS location closest to where you reside. The parties agree that all proceedings before the arbitrators will remain confidential between the parties. However, either party may register the judgment of any arbitral award in an appropriate court, and we would have the right parties may disclose information regarding the arbitration if required by law or judicial decision. This agreement to sue binding arbitration in court and have a jury trialno way limits or affects your or our rights under the Investment Advisers Act. You and we further understand that the right Nothing in these Terms of Use precludes you or us from filing or participating in administrative proceedings before government administrative agencies to discovery may be more limited in arbitration than in courtaddress alleged violations of law enforced by those state agencies. JAMS’ RULES GOVERNING ARBITRATION MAY BE ACCESSED AT XXX.XXXXXXX.XXX OR BY CALLING JAMS AT 0-000-000-0000. IF YOU INITIATE AN ARBITRATION AGAINST THE COMPANY, $250 IS THE ONLY ARBITRATION FEE YOU WILL BE REQUIRED TO PAY, WHICH IS APPROXIMATELY EQUIVALENT TO CURRENT COURT FILING FEES. ALL OTHER JAMS ARBITRATION COSTS WILL BE BORNE BY THE COMPANY, INCLUDING ANY REMAINING JAMS CASE MANAGEMENT FEE AND ALL PROFESSIONAL FEES FOR THE ARBITRATOR’S SERVICES. THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO XXX IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION. THE PARTIES ALSO UNDERSTAND THAT ALTHOUGH ARBITRATION ALLOWS FOR THE DISCOVERY OR EXCHANGE OF NON-PRIVILEGED INFORMATION RELEVANT TO THE DISPUTE, THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
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