Arbitration and Governing Law. a. The exclusive means of resolving any dispute between you and HomeAdvisor or any claim made by you or HomeAdvisor arising out of or relating to your use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against HomeAdvisor in a small-claims court of competent jurisdiction. But whether you choose arbitration or small- claims court, you may not under any circumstances commence or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding. b. By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures. c. Any proceeding to enforce this arbitration provision, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration provision is for any reason held to be unenforceable, any litigation against HomeAdvisor (except for small-claims court actions) may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes d. These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
Appears in 6 contracts
Samples: Service Agreement, Service Agreement, Service Agreement
Arbitration and Governing Law. a. The exclusive means of resolving any dispute between you and HomeAdvisor or any claim made by you or HomeAdvisor controversy arising out of or relating to your use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against HomeAdvisor in a small-claims court of competent jurisdiction. But whether you choose arbitration or small- claims court, you You may not under any circumstances commence commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
b. By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
c. Any proceeding to enforce this arbitration provision, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration provision is for any reason held to be unenforceable, any litigation against HomeAdvisor (except for small-claims court actions) may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
d. These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
Appears in 3 contracts
Samples: Service Agreement, Service Agreement, Service Agreement
Arbitration and Governing Law. a. The exclusive means of resolving any dispute between you and HomeAdvisor or any claim made by you or HomeAdvisor 8.1 Except as set forth below, all disputes arising out of from or relating to your use this Agreement that are not first settled by good faith negotiations among Shirnoda, the Farmarc Companies and IDDS within 90 days from the date notice of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) the dispute is sent from one party to the other shall be BINDING ARBITRATION administered settled before a single arbitrator (who shall be selected jointly by the disputing parties or, if such parties fail to so agree, by the American Arbitration Association. The one exception ) in New York, New York in accordance with the rules of the American Arbitration Association.
8.2 Any claim, dispute, or controversy concerning the validity, enforceability, or infringement of any patent contained in the Patent Rights licensed hereunder, and all issues relating to the exclusivity ownership of intellectual property rights, shall be resolved in any court having jurisdiction thereof located within the County and State of New York. Shimoda, the Farmarc Companies and IDDS hereby irrevocably consent to the venue and personal jurisdiction of such courts.
8.3 In the event that, in any arbitration is that you have proceeding, any issue shall arise concerning the right validity, enforceability, or infringement of any patent contained in the Patent Rights licensed hereunder, or relating to bring the ownership of intellectual property rights, the arbitrators shall, to the extent possible, resolve all issues other than validity, enforceability, infringement and intellectual property ownership. In any event, the arbitrator shall not delay the arbitration proceeding for the purpose of obtaining or permitting any party to obtain judicial resolution of such issues, unless an individual claim against HomeAdvisor in order staying the arbitration proceeding shall be entered by a small-claims court of competent jurisdiction. But whether you choose arbitration No party shall raise any issue concerning intellectual property rights or small- claims courtthe validity, you may not under any circumstances commence or maintain against HomeAdvisor any class action, class arbitrationenforceability, or other representative action infringement of any patent contained in the Patent Rights licensed hereunder, in any proceeding to enforce any arbitration award hereunder, or proceedingin any proceeding otherwise arising out of any such arbitration award.
b. By using 8.4 The costs of such arbitration shall be borne by each of the Website and/or HomeAdvisor's services parties in any manner, you agree an amount proportionate to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be finding of fault as determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details Judgment on the arbitration process, see our Arbitration Procedures.
c. Any proceeding to enforce this arbitration provision, including any proceeding to confirm, modify, or vacate an arbitration award, award may be commenced in entered by any court of competent jurisdiction. In the event that this arbitration provision is for any reason held to be unenforceable, any litigation against HomeAdvisor (except for small-claims court actions) may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes
d. These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
Appears in 1 contract
Samples: License Agreement (Innovative Drug Delivery Systems Inc)
Arbitration and Governing Law. a. Except for users residing within the European Union, Norway and elsewhere where prohibited by applicable law:
(a) The exclusive means of resolving any dispute between you and HomeAdvisor or any claim made by you or HomeAdvisor arising out of or relating to your use of this Website and/or HomeAdvisor's services Agreement (including any alleged breach of these Terms and Conditionsthereof) or the Service shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against HomeAdvisor the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small- small-claims court, you may not under any circumstances commence or maintain against HomeAdvisor the Company any class action, class arbitration, or other representative action or proceeding.
b. (b) By using the Website and/or HomeAdvisor's services Application in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
c. (c) Any proceeding to enforce this arbitration provisionagreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration provision agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Denver Xxxx County, ColoradoIllinois. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
d. These Terms and Conditions(d) This Agreement, and any dispute between you and HomeAdvisorthe Company, shall be governed by the laws of the state of Colorado Illinois without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
(e) For users residing in the European Union, Norway or elsewhere where this arbitration agreement is prohibited by law, the laws of Illinois, U.S.A., excluding Illinois’ conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or the Application. All claims arising out of or relating to this Agreement or the Services will be litigated exclusively in the federal or state courts of Xxxx County, Illinois, USA, and you and Xxxx consent to personal jurisdiction in those courts.
Appears in 1 contract
Samples: Terms of Use
Arbitration and Governing Law. a. The exclusive means of for resolving any dispute between you and HomeAdvisor or any claim made by you or HomeAdvisor arising out of or relating to your use of this Website and/or HomeAdvisor's services Agreement (including any alleged breach of these Terms and Conditions) shall breach), the Service will be BINDING ARBITRATION binding arbitration administered by the American Arbitration AssociationAssociation (“AAA”) under the Consumer Arbitration Rules. The AAA Rules and Forms are available online at xxx.xxx.xxx, by calling the AAA at 0-000-000-0000. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement.
b. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against HomeAdvisor Lovage Labs in a small-claims court of competent jurisdiction. But whether you choose arbitration or small- small-claims court, you may not under any circumstances commence or maintain against HomeAdvisor Lovage Labs any class action, class arbitration, or other representative action or proceeding.
b. c. If you elect to seek arbitration or file a small claim court action, you must first send to Lovage Labs, by certified mail, a written Notice of your claim ("Notice"). The Notice to Lovage Labs must be addressed to: General Counsel, Lovage Labs, Inc., 000 X 000 X Xxx 000, Xxxx, XX 00000 ("Notice Address"). If Lovage Labs initiates arbitration, it will send a written Notice to the email address used for your Account. A Notice, whether sent by you or by Lovage Labs, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Lovage Labs and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Lovage Labs may commence an arbitration proceeding or file a claim in small claims court.
d. By using the Website and/or HomeAdvisor's services or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT you give up your right to go to court to assert or defend any claims between you and HomeAdvisor Lovage Labs (except for matters that may be taken to small-small- claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDINGYou also give up your right to participate in a class action or other class proceeding. Your rights will be determined by a NEUTRAL ARBITRATORneutral arbitrator, NOT A JUDGE OR JURYnot a judge or jury, and the arbitrator shall determine all issues regarding the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
c. e. Any proceeding to enforce this arbitration provisionagreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that .
f. If this arbitration provision agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor Lovage Labs (except for small-claims court actions) may be commenced only in the federal or state courts located in Denver County, ColoradoUtah. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
d. These Terms and Conditionsg. This Agreement, and any dispute between you and HomeAdvisorLovage Labs, shall be governed by the laws of the state of Colorado Utah without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
Appears in 1 contract
Samples: Terms of Service