Arbitration Proceedings. If You and Symantec do not reach an agreement to resolve the claim within thirty (30) days after the Notice of Claim is received, You or Symantec may commence an arbitration proceeding (or, alternatively, file a claim in small claims court). You may download or copy a form of notice and a form to initiate arbitration at xxx.xxx.xxx. The arbitration will be governed by the Consumer or Commercial Arbitration Rules, as appropriate, of the American Arbitration Association ("AAA") (collectively, the "AAA Rules"), as modified by this License Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at xxx.xxx.xxx or by calling the AAA at 0-000-000-0000. The arbitrator is bound by the terms of this License Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless Symantec and You agree otherwise, any arbitration hearings will take place in the county (or parish) of either Your residence or of the mailing address You provided in Your Notice of Claim. If Your claim is for U.S. $10,000 or less, Symantec agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues You an award that is greater than the value of Symantec’s last written settlement offer made before an arbitrator was selected (or if Symantec did not make a settlement offer before an arbitrator was selected), then Symantec will pay You, in addition to the award, either U.S. $500 or 10% of the amount awarded, whichever is greater. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
Appears in 4 contracts
Samples: Norton License Agreement, Norton License Agreement, License Agreement
Arbitration Proceedings. If You and Symantec do not reach an agreement to resolve the claim within thirty (30) 30 days after the Notice of Claim is received, You or Symantec may commence an arbitration proceeding (or, alternatively, file a claim in small claims court). You may download or copy a form of notice and a form to initiate arbitration at xxx.xxx.xxx. The arbitration will be governed by the Consumer or Commercial Arbitration Rules, as appropriate, of the American Arbitration Association ("“AAA"”) (collectively, the "AAA Rules"), as modified by this License Agreementthe Terms, and will be administered by the AAA. The AAA Rules and Forms are available online at xxx.xxx.xxx or by calling the AAA at 0-000-000-0000xxx.xxx.xxx. The arbitrator is bound by the terms of this License AgreementTerms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless Symantec and You agree otherwise, any arbitration hearings will take place in the county (or parish) of either Your residence or of the mailing address You provided in Your Notice of Claim. If Your claim is for U.S. $10,000 or less, Symantec agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds U.S. $10,000US10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues You an award that is greater than the value of Symantec’s last written settlement offer made before an arbitrator was selected (or if Symantec did not make a settlement offer before an arbitrator was selected), then Symantec will pay You, in addition to the award, either U.S. $500 US500 or 10% of the amount awarded, whichever is greater. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
Appears in 3 contracts
Samples: License Agreement, License Agreement, License Agreement
Arbitration Proceedings. If You Arbitration between the parties will be subject to the following procedures:
3.1 Pursuant to Section 110 of the Arbitration Act, the parties agree that a party may initiate Arbitration by giving written notice to the other party (“Arbitration Notice”) in the same manner that notice is permitted under Section 8.8 of the Agreement; provided, however, that the Arbitration Notice may not be given by email or fax. Arbitration will be deemed initiated as of the date that the Arbitration Notice is deemed delivered under Section 8.8 of the Agreement (the “Service Date”). After the Service Date, information may be delivered, and Symantec do not reach an agreement notices may be given, by email or fax pursuant to resolve Section 8.8 of the claim within thirty Agreement or any other method permitted thereunder. The Arbitration Notice must describe the nature of the controversy, the remedies sought, and the election to commence Arbitration proceedings. All Claims in the Arbitration Notice must be pleaded consistent with the Utah Rules of Civil Procedure.
3.2 Within ten (3010) calendar days after the Notice Service Date, Investor shall select and submit to Company the names of Claim is received, You three arbitrators that are designated as “neutrals” or Symantec may commence an arbitration proceeding qualified arbitrators by Utah ADR Services (or, alternatively, file a claim in small claims courtxxxx://xxx.xxxxxxxxxxxxxxx.xxx) (such three designated persons hereunder are referred to herein as the “Proposed Arbitrators”). You For the avoidance of doubt, each Proposed Arbitrator must be qualified as a “neutral” with Utah ADR Services. Within ten (10) calendar days after Investor has submitted to Company the names of the Proposed Arbitrators, Company must select, by written notice to Investor, one (1) of the Proposed Arbitrators to act as the arbitrator for the parties under these Arbitration Provisions. If Company fails to select one of the Proposed Arbitrators in writing within such 10-day period, then Investor may download select the arbitrator from the Proposed Arbitrators by providing written notice of such selection to Company. If Investor fails to identify the Proposed Arbitrators within the time period required above, then Company may at any time prior to Investor designating the Proposed Arbitrators, select the names of three arbitrators that are designated as “neutrals” or copy a form qualified arbitrators by Utah ADR Service by written notice to Investor. Investor may then, within ten (10) calendar days after Company has submitted notice of its selected arbitrators to Investor, select, by written notice to Company, one (1) of the selected arbitrators to act as the arbitrator for the parties under these Arbitration Provisions. If Investor fails to select in writing and a form within such 10-day period one of the three arbitrators selected by Company, then Company may select the arbitrator from its three previously selected arbitrators by providing written notice of such selection to initiate arbitration at xxx.xxx.xxxInvestor. The arbitration will Subject to Paragraph 3.12 below, the cost of the arbitrator must be governed paid equally by both parties; provided, however, that if one party refuses or fails to pay its portion of the arbitrator fee, then the other party can advance such unpaid amount (subject to the accrual of Default Interest thereupon), with such amount added to or subtracted from, as applicable, the award granted by the Consumer arbitrator. If Utah ADR Services ceases to exist or Commercial Arbitration Rulesto provide a list of neutrals, as appropriate, then the arbitrator shall be selected under the then prevailing rules of the American Arbitration Association Association. The date that the selected arbitrator agrees in writing to serve as the arbitrator hereunder is referred to herein as the “Arbitration Commencement Date”.
3.3 An answer and any counterclaims to the Arbitration Notice, which must be pleaded consistent with the Utah Rules of Civil Procedure, shall be required to be delivered to the other party within twenty ("AAA"20) (collectivelycalendar days after the Service Date. Upon request, the "AAA Rules"arbitrator is hereby instructed to render a default award, consistent with the relief requested in the Arbitration Notice, against a party that fails to submit an answer within such time period.
3.4 The party that delivers the Arbitration Notice to the other party shall have the option to also commence legal proceedings with any state court sitting in Salt Lake County, Utah (“Litigation Proceedings”), subject to the following: (i) the complaint in the Litigation Proceedings is to be substantially similar to the claims set forth in the Arbitration Notice, provided that an additional cause of action to compel arbitration will also be included therein, (ii) so long as modified by this License Agreementthe other party files an answer to the complaint in the Litigation Proceedings and an answer to the Arbitration Notice, the Litigation Proceedings will be stayed pending an award of the arbitrator hereunder, (iii) if the other party fails to file an answer in the Litigation Proceedings or an answer in the Arbitration Proceedings, then the party initiating Arbitration shall be entitled to a default judgment consistent with the relief requested, to be entered in the Litigation Proceedings, and (iv) any legal or procedural issue arising under the Arbitration Act that requires a decision of a court of competent jurisdiction may be determined in the Litigation Proceedings. Any award of the arbitrator may be entered in such Litigation Proceedings pursuant to the Arbitration Act.
3.5 Pursuant to Section 118(8) of the Arbitration Act, the parties agree that discovery shall be conducted in accordance with the Utah Rules of Civil Procedure; provided, however, that incorporation of such rules will in no event supersede the Arbitration Provisions set forth herein, including without limitation the time limitation set forth in Paragraph 3.9 below, and the following:
(a) Discovery will only be allowed if the likely benefits of the proposed discovery outweigh the burden or expense, and the discovery sought is likely to reveal information that will satisfy a specific element of a claim or defense already pleaded in the Arbitration. The party seeking discovery shall always have the burden of showing that all of the standards and limitations set forth in these Arbitration Provisions are satisfied. The scope of discovery in the Arbitration proceedings shall also be limited as follows:
(i) To facts directly connected with the transactions contemplated by the Agreement.
(ii) To facts and information that cannot be obtained from another source that is more convenient, less burdensome or less expensive.
(c) No party shall be allowed (a) more than fifteen (15) interrogatories (including discrete subparts), (b) more than fifteen (15) requests for admission (including discrete subparts), (c) more than ten (10) document requests (including discrete subparts), or (d) more than three depositions (excluding expert depositions) for a maximum of seven (7) hours per deposition.
3.6 Any party submitting any written discovery requests, including interrogatories, requests for production, subpoenas to a party or a third party, or requests for admissions, must prepay the estimated attorneys’ fees and costs, as determined by the arbitrator, before the responding party has any obligation to produce or respond.
(a) All discovery requests must be submitted in writing to the arbitrator and the other party before issuing or serving such discovery requests. The party issuing the written discovery requests must include with such discovery requests a detailed explanation of how the proposed discovery requests satisfy the requirements of these Arbitration Provisions and the Utah Rules of Civil Procedure. Any party will then be allowed, within ten (10) calendar days of receiving the proposed discovery requests, to submit to the arbitrator an estimate of the attorneys’ fees and costs associated with responding to such written discovery requests and a written challenge to each applicable discovery request. After receipt of an estimate of attorneys’ fees and costs and/or challenge(s) to one or more discovery requests, the arbitrator will make a finding as to the likely attorneys’ fees and costs associated with responding to the discovery requests and issue an order that (A) requires the requesting party to prepay the attorneys’ fees and costs associated with responding to the discovery requests, and (B) requires the responding party to respond to the discovery requests as limited by the arbitrator within a certain period of time after receiving payment from the requesting party. If a party entitled to submit an estimate of attorneys’ fees and costs and/or a challenge to discovery requests fails to do so within such 10-day period, the arbitrator will make a finding that (A) there are no attorneys’ fees or costs associated with responding to such discovery requests, and (B) the responding party must respond to such discovery requests (as may be limited by the arbitrator) within a certain period of time as determined by the arbitrator.
(b) In order to allow a written discovery request, the arbitrator must find that the discovery request satisfies the standards set forth in these Arbitration Provisions and the Utah Rules of Civil Procedure. The arbitrator must strictly enforce these standards. If a discovery request does not satisfy any of the standards set forth in these Arbitration Provisions or the Utah Rules of Civil Procedure, the arbitrator may modify such discovery request to satisfy the applicable standards, or strike such discovery request in whole or in part.
(c) Discovery deadlines will be administered set forth in a scheduling order issued by the AAAarbitrator. The AAA Rules parties hereby authorize and Forms direct the arbitrator to take such actions and make such rulings as may be necessary to carry out the parties’ intent for the arbitration proceedings to be efficient and expeditious.
3.7 Each party may submit expert reports (and rebuttals thereto), provided that such reports must be submitted by the deadlines established by the arbitrator. Expert reports must contain the following: (a) a complete statement of all opinions the expert will offer at trial and the basis and reasons for them; (b) the expert’s name and qualifications, including a list of all publications within the preceding 10 years, and a list of any other cases in which the expert has testified at trial or in a deposition or prepared a report within the preceding 10 years; and (c) the compensation to be paid for the expert’s study and testimony. The parties are available online at xxx.xxx.xxx entitled to depose any other party’s expert witness one time for no more than 4 hours. An expert may not testify in a party’s case-in-chief concerning any matter not fairly disclosed in the expert report.
3.8 All information disclosed by either party during the Arbitration process (including without limitation information disclosed during the discovery process) shall be considered confidential in nature. Each party agrees not to disclose any confidential information received from the other party during the discovery process unless (i) prior to or after the time of disclosure such information becomes public knowledge or part of the public domain, not as a result of any inaction or action of the receiving party, (ii) such information is required by calling a court order, subpoena or similar legal duress to be disclosed if such receiving party has notified the AAA at 0-000-000-0000other party thereof in writing and given it a reasonable opportunity to obtain a protective order from a court of competent jurisdiction prior to disclosure; or (iii) disclosed to the receiving party’s agents, representatives and legal counsel on a need to know basis who each agree in writing not to disclose such information to any third party. Pursuant to Section 118(5) of the Arbitration Act, the arbitrator is hereby authorized and directed to issue a protective order to prevent the disclosure of privileged information and confidential information upon the written request of either party.
3.9 The parties hereby authorize and direct the arbitrator to take such actions and make such rulings as may be necessary to carry out the parties’ intent for the arbitration proceedings to be efficient and expeditious. Pursuant to Section 120 of the Arbitration Act, the parties hereby agree that an award of the arbitrator must be made within 150 days after the Arbitration Commencement Date. The arbitrator is bound hereby authorized and directed to hold a scheduling conference within ten (10) calendar days after the Arbitration Commencement Date in order to establish a scheduling order with various binding deadlines for discovery, expert testimony, and the submission of documents by the terms of this License Agreement. All issues are for parties to enable the arbitrator to decide, including issues relating render a decision prior to the scope and enforceability end of this arbitration provisionsuch 150-day period. Unless Symantec and You agree otherwise, The Utah Rules of Evidence will apply to any arbitration hearings will take place final hearing before the arbitrator.
3.10 The arbitrator shall have the right to award or include in the county arbitrator’s award any relief which the arbitrator deems proper under the circumstances, including, without limitation, specific performance and injunctive relief, provided that the arbitrator may not award exemplary or punitive damages.
3.11 If any part of these Arbitration Provisions is found to violate applicable law or to be illegal, then such provision shall be modified to the minimum extent necessary to make such provision enforceable under applicable law.
3.12 The arbitrator is hereby directed to require the losing party to (or parishi) of either Your residence or pay the full amount of the mailing address You provided in Your Notice costs and fees of Claim. If Your claim is for U.S. $10,000 or less, Symantec agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearingand (ii) reimburse the prevailing party the reasonable attorneys’ fees, or by an in-person hearing as established arbitrator costs, deposition costs, and other discovery costs incurred by the AAA Rules. If Your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues You an award that is greater than the value of Symantec’s last written settlement offer made before an arbitrator was selected (or if Symantec did not make a settlement offer before an arbitrator was selected), then Symantec will pay You, in addition to the award, either U.S. $500 or 10% of the amount awarded, whichever is greater. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that prevailing party's individual claim.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Players Network), Securities Purchase Agreement (Endeavor Ip, Inc.), Securities Purchase Agreement (SearchCore, Inc.)
Arbitration Proceedings. If You and Symantec do not reach an agreement to resolve the claim within thirty (30) days after the Notice of Claim is received, You or Symantec may commence an arbitration proceeding (or, alternatively, file a claim in small claims court). You may download or copy a form of notice and a form to initiate arbitration at xxx.xxx.xxx. The arbitration will be governed by the Consumer or Commercial Arbitration Rules, as appropriate, of the American Arbitration Association ("AAA") (collectively, the "AAA Rules"), as modified by this License Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at xxx.xxx.xxx or by calling the AAA at 01-000800- 778-000-00007879. The arbitrator is bound by the terms of this License Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless Symantec and You agree otherwise, any arbitration hearings will take place in the county (or parish) of either Your residence or of the mailing address You provided in Your Notice of Claim. If Your claim is for U.S. $10,000 or less, Symantec Xxxxxxxx agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues You an award that is greater than the value of Symantec’s last written settlement offer made before an arbitrator was selected (or if Symantec did not make a settlement offer before an arbitrator was selected), then Symantec will pay You, in addition to the award, either U.S. $500 or 10% of the amount awarded, whichever is greater. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
Appears in 3 contracts
Samples: Terms of Service, Terms of Service, Terms of Service
Arbitration Proceedings. If You and Symantec do not reach an agreement to resolve the claim within thirty (30) days after the Notice of Claim is received, You or Symantec may commence an arbitration proceeding (or, alternatively, file a claim in small claims court). You may download or copy a form of notice and a form to initiate arbitration at xxx.xxx.xxx. The arbitration will be governed by the Consumer or Commercial Arbitration Rules, as appropriate, of the American Arbitration Association ("AAA") (collectively, the "AAA Rules"), as modified by this License Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at xxx.xxx.xxx or by calling the AAA at 0-000-000-0000xxx.xxx.xxx. The arbitrator is bound by the terms of this License Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless Symantec and You agree otherwise, any arbitration hearings will take place in the county (or parish) of either Your residence or of the mailing address You provided in Your Notice of Claim. If Your claim is for U.S. $10,000 or less, Symantec agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues You an award that is greater than the value of Symantec’s last written settlement offer made before an arbitrator was selected (or if Symantec did not make a settlement offer before an arbitrator was selected), then Symantec will pay You, in addition to the award, either U.S. $500 or 10% of the amount awarded, whichever is greater. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
Appears in 3 contracts
Samples: License Agreement, License Agreement, License Agreement
Arbitration Proceedings. If You and Symantec do not reach an agreement No later than fifteen days after the final negotiation meeting, the officers taking part in the negotiation will give written confirmation that they are unable to resolve the claim dispute and that they recommend establishment of formal arbitration. An arbitration panel consisting of three past or present officers of life insurance or reinsurance companies not affiliated with any of the parties in any way will settle the dispute. The party seeking arbitration will appoint one arbitrator and give notice of such appointment to the other party, who must appoint its arbitrator within 30 days. If the notified party does not select an arbitrator within thirty (30) days after the Notice other party has given notice of Claim is receivedappointing an arbitrator, You or Symantec may commence then the American Arbitration Association will appoint an arbitration proceeding (orarbitrator for the party that has failed to do so. The party that has failed to appoint an arbitrator will be responsible for all expenses levied by the American Arbitration Association for such appointment. The two arbitrators will select a third. If the two arbitrators cannot agree on the choice of a third within 30 days of their appointment, alternativelyeach arbitrator shall nominate three candidates within 10 days thereafter, file a claim in small claims court). You may download or copy a form two of notice whom the other shall decline, and a form to initiate arbitration at xxx.xxx.xxxthe decision shall be made by drawing lots. The arbitration proceedings will be governed by conducted according to the Consumer or Commercial Arbitration Rules, as appropriate, Rules of the American Arbitration Association ("AAA") (collectively, which are in effect at the "AAA Rules"), as modified by this License Agreement, and will be administered by time the AAAarbitration begins. The AAA Rules and Forms are available online at xxx.xxx.xxx or by calling the AAA at 0-000-000-0000. The arbitrator is bound by the terms of this License Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless Symantec and You agree otherwise, any arbitration hearings will take place in the county (or parish) of either Your residence or Hartford, Connecticut unless mutually agreed otherwise. The parties to this Agreement may agree to extend any of the mailing address You provided in Your Notice negotiation or arbitration periods. Within sixty days after the close of Claim. If Your claim is for U.S. $10,000 or less, Symantec agrees that You may choose whether the arbitration proceedings the arbitrators will issue a written decision on the dispute and a statement of any award to be paid as a result. The decision will be conducted solely based on the basis terms and conditions of documents submitted to this Agreement as well as the arbitratorusual customs and practices of the insurance and reinsurance industry, through a telephonic hearingrather than on strict interpretation of the law. The written decision will be final and binding and there will be no further appeal, or by an in-person hearing as established except that either party may petition any court having jurisdiction regarding the award rendered by the AAA Rulesarbitrators. If Your claim exceeds U.S. $10,000, Each party will pay the right to a hearing will be determined by the AAA Rules. Regardless fees of the manner in which the arbitration is conductedits own attorneys, the arbitrator shall issue a reasoned written decision sufficient to explain appointed by the essential findings party, and conclusions on which all other expenses connected with the award is basedpresentation of its own case. If The two parties will share equally in the arbitrator issues You an award that is greater than the value of Symantec’s last written settlement offer made before an arbitrator was selected (or if Symantec did not make a settlement offer before an arbitrator was selected), then Symantec will pay You, in addition to the award, either U.S. $500 or 10% cost of the amount awarded, whichever is greaterthird arbitrator. The arbitrator arbitrators shall operate in a fair but cost efficient manner. For example, the arbitrators are not bound by technical rules of evidence and may award declaratory or injunctive relief only in favor limit the use of the individual party seeking relief depositions and only to the extent necessary to provide relief warranted by that party's individual claimdiscovery.
Appears in 3 contracts
Samples: Pool Reinsurance Agreement (Nassau Life Variable Universal Life Account), Pool Reinsurance Agreement (PHL Variable Accumulation Account), Pool Reinsurance Agreement (Nassau Life Variable Accumulation Account)
Arbitration Proceedings. If You Failing settlement at Step 2, the grievance may be processed to arbitration, as hereinafter provided:
(a) Within ten (10) working days of receiving the decision of the Chief Administrative Officer, the Union may notify the Town in writing of its desire to submit the difference to arbitration and Symantec do the notice shall contain the name and address of the Unions appointee to the arbitration board or state its desire to meet to consider the appointment of a single arbitrator.
(b) Within ten (10) working days of receipt of notification provided for as above, the party receiving such notice shall:
(i) Inform the other party of the name of its appointee to the arbitration board; or
(ii) Arrange to meet with the other party in an effort to select a single arbitrator.
(c) Within ten (10) working days of the Town's notice to the Union, the two appointees shall agree upon a qualified person to act as Chairperson.
(d) In the event that the Town does not reach an name their appointee within the prescribed time limits, the Union may apply to the Minister of Labour to make such appointment. Should the persons appointed to act on the arbitration board be unable to agree upon a Chairperson within the prescribed time limits set out herein, then either of the parties to this Agreement may apply to the Minister of Labour to appoint a Chairperson to preside over the arbitration board.
(a) 8.09(d), the Union and Town may agree to have the arbitration heard by a single arbitrator. Where agreement to resolve cannot be reached on the claim within thirty (30) days after the Notice principal and/or selection of Claim is receiveda single arbitrator, You or Symantec may commence an arbitration proceeding board shall be established.
(or, alternatively, file a claim e) The arbitration board shall hear and determine the difference and shall issue an award in small claims court). You may download or copy a form of notice writing and a form to initiate arbitration at xxx.xxx.xxxthe decision is final and binding upon the parties and upon any Employee affected by it. The arbitration will be governed by decision of a majority is the Consumer or Commercial Arbitration Rules, as appropriate, award of the American Arbitration Association ("AAA") (collectivelyarbitration board, but if there is no majority, the "AAA Rules")decision of the Chairperson governs and it shall be deemed to be the award of the board.
(f) An arbitration board, as modified by this License Agreementits decision, and will be administered by the AAA. The AAA Rules and Forms are available online at xxx.xxx.xxx shall not alter, amend or by calling the AAA at 0-000-000-0000. The arbitrator is bound by change the terms of this License Agreement. All issues are However, where an arbitration board determines that an Employee has been discharged or otherwise disciplined by the Town for cause, and this Agreement does not contain a specific penalty for the arbitrator infraction that is the subject matter of the grievance, the arbitration board may substitute such other penalty for said discipline as it deems to decide, including issues relating be just and reasonable.
(g) Each party to the scope difference shall bear the expense of its respective appointee to the arbitration board and enforceability of this arbitration provision. Unless Symantec and You agree otherwise, any arbitration hearings will take place in the county (or parish) of either Your residence or two parties shall bear equally the expenses of the mailing address You provided in Your Notice of ClaimChairperson. If Your claim is for U.S. $10,000 or less, Symantec agrees that You may choose whether the arbitration will Where agreement cannot be conducted solely reached on the basis principal and/or selection of documents submitted to the a single arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds U.S. $10,000, the right to a hearing will arbitration board shall be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues You an award that is greater than the value of Symantec’s last written settlement offer made before an arbitrator was selected (or if Symantec did not make a settlement offer before an arbitrator was selected), then Symantec will pay You, in addition to the award, either U.S. $500 or 10% of the amount awarded, whichever is greater. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claimestablished.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Arbitration Proceedings. If You and Symantec we do not reach an agreement to resolve the claim within thirty (30) days after the Notice of Claim is received, You you or Symantec NortonLifeLock may commence an arbitration proceeding (or, alternatively, file a claim in small claims court). You may download or copy a form of notice and a form to initiate arbitration at xxx.xxx.xxx. The arbitration will be governed by the Consumer or Commercial Arbitration Rules, as appropriate, of the American Arbitration Association ("AAA") (collectively, the "AAA Rules"), as modified by this License Customer Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at xxx.xxx.xxx or by calling the AAA at 0-000-000-0000xxx.xxx.xxx. The arbitrator is bound by the terms of this License Customer Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless Symantec NortonLifeLock and You you agree otherwise, any arbitration hearings will take place in the county (or parish) of either Your your residence or of the mailing address You you provided in Your your Notice of Claim. If Your your claim is for U.S. $10,000 or less, Symantec NortonLifeLock agrees that You you may choose whether the arbitration will be conducted solely based on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which way the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues You you an award that is greater than the value of Symantec’s our last written settlement offer made before an arbitrator was selected (or if Symantec We did not make a settlement offer before an arbitrator was selected), then Symantec We will pay Youyou, in addition to the award, either U.S. $500 or 10% of the amount awarded, whichever is greater. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
Appears in 2 contracts
Samples: License and Services Agreement, License and Services Agreement
Arbitration Proceedings. If You and Symantec do not reach an agreement to resolve the claim within thirty (30) 30 days after the Notice of Claim is received, You or Symantec may commence an arbitration proceeding (or, alternatively, file a claim in small claims court). You may download or copy a form of notice and a form to initiate arbitration at xxx.xxx.xxx. The arbitration will be governed by the Consumer or Commercial Arbitration Rules, as appropriate, of the American Arbitration Association ("“AAA"”) (collectively, the "AAA Rules"), as modified by this License Agreementthe Terms, and will be administered by the AAA. The AAA Rules and Forms are available online at xxx.xxx.xxx or by calling the AAA at 0-000-000-0000. The arbitrator is bound by the terms of this License AgreementTerms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless Symantec and You agree otherwise, any arbitration hearings will take place in the county (or parish) of either Your residence or of the mailing address You provided in Your Notice of Claim. If Your claim is for U.S. $10,000 or less, Symantec agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds U.S. $10,000US10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues You an award that is greater than the value of Symantec’s last written settlement offer made before an arbitrator was selected (or if Symantec did not make a settlement offer before an arbitrator was selected), then Symantec will pay You, in addition to the award, either U.S. $500 US500 or 10% of the amount awarded, whichever is greater. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's ’s individual claim.
Appears in 2 contracts
Samples: Norton Services Terms and Conditions, License Agreement
Arbitration Proceedings. If You and Symantec do not reach an agreement to resolve the claim within thirty (30) 30 days after the Notice of Claim is received, You or Symantec may commence an arbitration proceeding (or, alternatively, file a claim in small claims court). You may download or copy a form of notice and a form to initiate arbitration at xxx.xxx.xxx. The arbitration will be governed by the Consumer or Commercial Arbitration Rules, as appropriate, of the American Arbitration Association ("“AAA"”) (collectively, the "AAA Rules"), as modified by this License Agreementthe Terms, and will be administered by the AAA. The AAA Rules and Forms are available online at xxx.xxx.xxx or by calling the AAA at 0-0- 000-000-0000. The arbitrator is bound by the terms of this License AgreementTerms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless Symantec and You agree otherwise, any arbitration hearings will take place in the county (or parish) of either Your residence or of the mailing address You provided in Your Notice of Claim. If Your claim is for U.S. $10,000 or less, Symantec Xxxxxxxx agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds U.S. $10,000US10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues You an award that is greater than the value of Symantec’s last written settlement offer made before an arbitrator was selected (or if Symantec did not make a settlement offer before an arbitrator was selected), then Symantec will pay You, in addition to the award, either U.S. $500 US500 or 10% of the amount awarded, whichever is greater. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's ’s individual claim.
Appears in 2 contracts
Samples: Terms and Conditions, Terms and Conditions
Arbitration Proceedings. If You Arbitration between the parties will be subject to the following procedures:
3.1 Pursuant to Section 110 of the Arbitration Act, the parties agree that a party may initiate Arbitration by giving written notice to the other party (“Arbitration Notice”) in the same manner that notice is permitted under Section 8.10 of the Agreement; provided, however, that the Arbitration Notice may not be given by email or fax. Arbitration will be deemed initiated as of the date that the Arbitration Notice is deemed delivered under Section 8.10 of the Agreement (the “Service Date”). After the Service Date, information may be delivered, and Symantec do not reach an agreement notices may be given, by email or fax pursuant to resolve Section 8.10 of the claim within thirty Agreement or any other method permitted thereunder. The Arbitration Notice must describe the nature of the controversy, the remedies sought, and the election to commence Arbitration proceedings. All Claims in the Arbitration Notice must be pleaded consistent with the Utah Rules of Civil Procedure.
3.2 Within ten (3010) calendar days after the Notice Service Date, Investor shall select and submit to Company the names of Claim is received, You three arbitrators that are designated as “neutrals” or Symantec may commence an arbitration proceeding qualified arbitrators by Utah ADR Services (or, alternatively, file a claim in small claims courthxxx://xxx.xxxxxxxxxxxxxxx.xxx) (such three designated persons hereunder are referred to herein as the “Proposed Arbitrators”). You For the avoidance of doubt, each Proposed Arbitrator must be qualified as a “neutral” with Utah ADR Services. Within ten (10) calendar days after Investor has submitted to Company the names of the Proposed Arbitrators, Company must select, by written notice to Investor, one (1) of the Proposed Arbitrators to act as the arbitrator for the parties under these Arbitration Provisions. If Company fails to select one of the Proposed Arbitrators in writing within such 10-day period, then Investor may download select the arbitrator from the Proposed Arbitrators by providing written notice of such selection to Company. If Investor fails to identify the Proposed Arbitrators within the time period required above, then Company may at any time prior to Investor designating the Proposed Arbitrators, select the names of three arbitrators that are designated as “neutrals” or copy a form qualified arbitrators by Utah ADR Service by written notice to Investor. Investor may then, within ten (10) calendar days after Company has submitted notice of its selected arbitrators to Investor, select, by written notice to Company, one (1) of the selected arbitrators to act as the arbitrator for the parties under these Arbitration Provisions. If Investor fails to select in writing and a form within such 10-day period one of the three arbitrators selected by Company, then Company may select the arbitrator from its three previously selected arbitrators by providing written notice of such selection to initiate arbitration at xxx.xxx.xxxInvestor. The arbitration will Subject to Paragraph 3.12 below, the cost of the arbitrator must be governed paid equally by both parties; provided, however, that if one party refuses or fails to pay its portion of the arbitrator fee, then the other party can advance such unpaid amount (subject to the accrual of Default Interest thereupon), with such amount added to or subtracted from, as applicable, the award granted by the Consumer arbitrator. If Utah ADR Services ceases to exist or Commercial Arbitration Rulesto provide a list of neutrals, as appropriate, then the arbitrator shall be selected under the then prevailing rules of the American Arbitration Association Association. The date that the selected arbitrator agrees in writing to serve as the arbitrator hereunder is referred to herein as the “Arbitration Commencement Date”.
3.3 An answer and any counterclaims to the Arbitration Notice, which must be pleaded consistent with the Utah Rules of Civil Procedure, shall be required to be delivered to the other party within twenty ("AAA"20) (collectivelycalendar days after the Service Date. Upon request, the "AAA Rules"arbitrator is hereby instructed to render a default award, consistent with the relief requested in the Arbitration Notice, against a party that fails to submit an answer within such time period.
3.4 The party that delivers the Arbitration Notice to the other party shall have the option to also commence legal proceedings with any state court sitting in Salt Lake County, Utah (“Litigation Proceedings”), subject to the following: (i) the complaint in the Litigation Proceedings is to be substantially similar to the claims set forth in the Arbitration Notice, provided that an additional cause of action to compel arbitration will also be included therein, (ii) so long as modified by this License Agreementthe other party files an answer to the complaint in the Litigation Proceedings and an answer to the Arbitration Notice, the Litigation Proceedings will be stayed pending an award of the arbitrator hereunder, (iii) if the other party fails to file an answer in the Litigation Proceedings or an answer in the Arbitration Proceedings, then the party initiating Arbitration shall be entitled to a default judgment consistent with the relief requested, to be entered in the Litigation Proceedings, and (iv) any legal or procedural issue arising under the Arbitration Act that requires a decision of a court of competent jurisdiction may be determined in the Litigation Proceedings. Any award of the arbitrator may be entered in such Litigation Proceedings pursuant to the Arbitration Act.
3.5 Pursuant to Section 118(8) of the Arbitration Act, the parties agree that discovery shall be conducted in accordance with the Utah Rules of Civil Procedure; provided, however, that incorporation of such rules will in no event supersede the Arbitration Provisions set forth herein, including without limitation the time limitation set forth in Paragraph 3.9 below, and the following:
(a) Discovery will only be allowed if the likely benefits of the proposed discovery outweigh the burden or expense, and the discovery sought is likely to reveal information that will satisfy a specific element of a claim or defense already pleaded in the Arbitration. The party seeking discovery shall always have the burden of showing that all of the standards and limitations set forth in these Arbitration Provisions are satisfied. The scope of discovery in the Arbitration proceedings shall also be limited as follows:
(i) To facts directly connected with the transactions contemplated by the Agreement.
(ii) To facts and information that cannot be obtained from another source that is more convenient, less burdensome or less expensive.
(c) No party shall be allowed (a) more than fifteen (15) interrogatories (including discrete subparts), (b) more than fifteen (15) requests for admission (including discrete subparts), (c) more than ten (10) document requests (including discrete subparts), or (d) more than three depositions (excluding expert depositions) for a maximum of seven (7) hours per deposition.
3.6 Any party submitting any written discovery requests, including interrogatories, requests for production, subpoenas to a party or a third party, or requests for admissions, must prepay the estimated attorneys’ fees and costs, as determined by the arbitrator, before the responding party has any obligation to produce or respond.
(a) All discovery requests must be submitted in writing to the arbitrator and the other party before issuing or serving such discovery requests. The party issuing the written discovery requests must include with such discovery requests a detailed explanation of how the proposed discovery requests satisfy the requirements of these Arbitration Provisions and the Utah Rules of Civil Procedure. Any party will then be allowed, within ten (10) calendar days of receiving the proposed discovery requests, to submit to the arbitrator an estimate of the attorneys’ fees and costs associated with responding to such written discovery requests and a written challenge to each applicable discovery request. After receipt of an estimate of attorneys’ fees and costs and/or challenge(s) to one or more discovery requests, the arbitrator will make a finding as to the likely attorneys’ fees and costs associated with responding to the discovery requests and issue an order that (A) requires the requesting party to prepay the attorneys’ fees and costs associated with responding to the discovery requests, and (B) requires the responding party to respond to the discovery requests as limited by the arbitrator within a certain period of time after receiving payment from the requesting party. If a party entitled to submit an estimate of attorneys’ fees and costs and/or a challenge to discovery requests fails to do so within such 10-day period, the arbitrator will make a finding that (A) there are no attorneys’ fees or costs associated with responding to such discovery requests, and (B) the responding party must respond to such discovery requests (as may be limited by the arbitrator) within a certain period of time as determined by the arbitrator.
(b) In order to allow a written discovery request, the arbitrator must find that the discovery request satisfies the standards set forth in these Arbitration Provisions and the Utah Rules of Civil Procedure. The arbitrator must strictly enforce these standards. If a discovery request does not satisfy any of the standards set forth in these Arbitration Provisions or the Utah Rules of Civil Procedure, the arbitrator may modify such discovery request to satisfy the applicable standards, or strike such discovery request in whole or in part.
(c) Discovery deadlines will be administered set forth in a scheduling order issued by the AAAarbitrator. The AAA Rules parties hereby authorize and Forms direct the arbitrator to take such actions and make such rulings as may be necessary to carry out the parties’ intent for the arbitration proceedings to be efficient and expeditious.
3.7 Each party may submit expert reports (and rebuttals thereto), provided that such reports must be submitted by the deadlines established by the arbitrator. Expert reports must contain the following: (a) a complete statement of all opinions the expert will offer at trial and the basis and reasons for them; (b) the expert’s name and qualifications, including a list of all publications within the preceding 10 years, and a list of any other cases in which the expert has testified at trial or in a deposition or prepared a report within the preceding 10 years; and (c) the compensation to be paid for the expert’s study and testimony. The parties are available online at xxx.xxx.xxx entitled to depose any other party’s expert witness one time for no more than 4 hours. An expert may not testify in a party’s case-in-chief concerning any matter not fairly disclosed in the expert report.
3.8 All information disclosed by either party during the Arbitration process (including without limitation information disclosed during the discovery process) shall be considered confidential in nature. Each party agrees not to disclose any confidential information received from the other party during the discovery process unless (i) prior to or after the time of disclosure such information becomes public knowledge or part of the public domain, not as a result of any inaction or action of the receiving party, (ii) such information is required by calling a court order, subpoena or similar legal duress to be disclosed if such receiving party has notified the AAA at 0-000-000-0000other party thereof in writing and given it a reasonable opportunity to obtain a protective order from a court of competent jurisdiction prior to disclosure; or (iii) disclosed to the receiving party’s agents, representatives and legal counsel on a need to know basis who each agree in writing not to disclose such information to any third party. Pursuant to Section 118(5) of the Arbitration Act, the arbitrator is hereby authorized and directed to issue a protective order to prevent the disclosure of privileged information and confidential information upon the written request of either party.
3.9 The parties hereby authorize and direct the arbitrator to take such actions and make such rulings as may be necessary to carry out the parties’ intent for the arbitration proceedings to be efficient and expeditious. Pursuant to Section 120 of the Arbitration Act, the parties hereby agree that an award of the arbitrator must be made within 150 days after the Arbitration Commencement Date. The arbitrator is bound hereby authorized and directed to hold a scheduling conference within ten (10) calendar days after the Arbitration Commencement Date in order to establish a scheduling order with various binding deadlines for discovery, expert testimony, and the submission of documents by the terms of this License Agreement. All issues are for parties to enable the arbitrator to decide, including issues relating render a decision prior to the scope and enforceability end of this arbitration provisionsuch 150-day period. Unless Symantec and You agree otherwise, The Utah Rules of Evidence will apply to any arbitration hearings will take place final hearing before the arbitrator.
3.10 The arbitrator shall have the right to award or include in the county arbitrator’s award any relief which the arbitrator deems proper under the circumstances, including, without limitation, specific performance and injunctive relief, provided that the arbitrator may not award exemplary or punitive damages.
3.11 If any part of these Arbitration Provisions is found to violate applicable law or to be illegal, then such provision shall be modified to the minimum extent necessary to make such provision enforceable under applicable law.
3.12 The arbitrator is hereby directed to require the losing party to (or parishi) of either Your residence or pay the full amount of the mailing address You provided in Your Notice costs and fees of Claim. If Your claim is for U.S. $10,000 or less, Symantec agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearingand (ii) reimburse the prevailing party the reasonable attorneys’ fees, or by an in-person hearing as established arbitrator costs, deposition costs, and other discovery costs incurred by the AAA Rules. If Your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues You an award that is greater than the value of Symantec’s last written settlement offer made before an arbitrator was selected (or if Symantec did not make a settlement offer before an arbitrator was selected), then Symantec will pay You, in addition to the award, either U.S. $500 or 10% of the amount awarded, whichever is greater. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that prevailing party's individual claim.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Saleen Automotive, Inc.), Securities Purchase Agreement (Inception Mining Inc.)
Arbitration Proceedings. If You The arbitration shall be conducted within 50 miles of your residence at the time the arbitration is commenced. Any claims and Symantec do not reach an agreement to resolve the claim within thirty (30) days after the Notice of Claim is received, You or Symantec may commence an arbitration proceeding (or, alternatively, file a claim defenses that can be asserted in small claims court). You may download or copy a form of notice and a form to initiate arbitration at xxx.xxx.xxxcourt can be asserted through arbitration. The arbitration will arbitrator shall be governed entitled to award the same remedies that a court can award. Discovery shall be available for non-privileged information to the fullest extent permitted under the Rules. The Arbitrator’s award can be entered as a judgment in court. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the Consumer or Commercial Arbitration Rulescourt and it cannot be appealed. The Credit Union shall pay for any filing, as appropriate, of the American Arbitration Association ("AAA") (collectively, the "AAA Rules"), as modified by this License Agreementadministration, and will be administered arbitrator fees imposed on you by the AAA. The However, you will be responsible for your own attorney’s fees, unless you prevail on your Claim in the arbitration, in which case, we will pay your attorney’s fees. However, if the Credit Union prevails, then you will not be required to pay our attorneys’ fees and cost. • Any determination as to whether this Arbitration Agreement is valid or enforceable in part or in its entirety will be made solely by the arbitrator, including without limitation any issues relating to whether a Claim is subject to arbitration; provided, however, the enforceability of the Class Action Waiver set forth below shall be determined by the Court • CLASS ACTION WAIVER: ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT. • SEVERABILITY: In the event that the Class Action Waiver in this Arbitration Agreement is found to be unenforceable for any reason, the remainder of this Arbitration Agreement shall also be unenforceable. If any provision in this Arbitration Agreement, other than the Class Action Waiver, is found to be unenforceable, the remaining provisions will remain fully enforceable. • SURVIVAL: This Arbitration Agreement will survive termination of the Agreement. • RIGHT OF OPT-OUT: You have the right to opt-out of this Arbitration Agreement, provided that you notify the Credit Union of your intent to opt-out within 60 days after it is provided to you. Your opt-out is only effective if you notify us in writing at P.O. Box 10000, Lake Buena Vista, FL 32830 within such 60 day time period. If you fail to opt-out within this 60 day time period, you will be deemed to have consented to the resolution of your Claims through binding arbitration. In the event you opt-out of this Arbitration Agreement, such opt-out will not affect other terms and conditions of your Agreement or your relationship with the Credit Union. FOR MORE DETAILS or if you have questions, you may call us or visit a branch. If you have questions about AAA Rules and Forms are available online at xxx.xxx.xxx or by calling the procedures, you should check AAA’s website, xxx.xxx.xxx, OR call AAA at 0-(000-) 000-0000. The arbitrator You understand that any debt or loan obligation you may have with us that is bound by the terms of this License Agreement. All issues are for the arbitrator to decide, including issues relating subject to the scope and enforceability of Federal Truth in Lending Act, 15 USC 1601 et seq., is not subject to this arbitration provision. Unless Symantec and You agree otherwise, any arbitration hearings will take place in the county (or parish) of either Your residence or of the mailing address You provided in Your Notice of Claim. If Your claim is for U.S. $10,000 or less, Symantec agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues You an award that is greater than the value of Symantec’s last written settlement offer made before an arbitrator was selected (or if Symantec did not make a settlement offer before an arbitrator was selected), then Symantec will pay You, in addition to the award, either U.S. $500 or 10% of the amount awarded, whichever is greater. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claimArbitration Agreement.
Appears in 2 contracts
Samples: Truth in Savings Agreement, Truth in Savings Agreement
Arbitration Proceedings. If You Arbitration proceedings provide you a fair hearing, but the arbitration procedures are simpler and Symantec do not reach an agreement more limited than rules applicable in court. Arbitration decisions are as enforceable as any court order and are subject to resolve very limited review by a court. Arbitrators can award the claim within thirty (30) days after same remedies including damages and other remedies that a court can award, including public injunctive relief to the Notice extent available under the California Unfair Competition Law and Consumer Legal Remedies Act. Any claims and defenses that can be asserted in court can be asserted through arbitration. Discovery shall be available for non-privileged information to the fullest extent permitted under the Rules. • CLASS ACTION WAIVER: ANY ARBITRATION UNDER THIS AGREEMENT AND DISCLOSURE WILL BE ON AN INDIVIDUAL BASIS. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION. • LOCATION: The place of Claim is received, You or Symantec may commence an arbitration proceeding (or, alternatively, file a claim in small claims court). You may download or copy a form of notice and a form to initiate arbitration at xxx.xxx.xxx. The arbitration will be governed by in the Consumer or Commercial Arbitration Rules, as appropriate, of the American Arbitration Association ("AAA") (collectively, the "AAA Rules"), as modified by this License Agreementfederal judicial district where you live, and will be administered by within fifty (50) miles of your residence at the AAA. The AAA Rules and Forms are available online at xxx.xxx.xxx or by calling the AAA at 0-000-000-0000. The arbitrator is bound by the terms of this License Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless Symantec and You agree otherwise, any arbitration hearings will take place in the county (or parish) of either Your residence or of the mailing address You provided in Your Notice of Claim. If Your claim is for U.S. $10,000 or less, Symantec agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which time the arbitration is conducted. • COSTS: Logix will advance any filing, administration, and arbitrator fees as imposed by AAA. HOWEVER, IF THE ARBITRATOR DETERMINES THAT YOUR CLAIM IS FRIVOLOUS, UNWARRANTED, OR BROUGHT FOR AN IMPROPER PURPOSE (IN ACCORDANCE WITH THE FEDERAL RULES OF CIVIL PROCEDURE SECTION 11(B)) YOU WILL RETURN TO LOGIX ANY FILING, ADMINISTRATION, AND ARBITRATOR FEES LOGIX PAID. • ATTORNEYS’ FEES: You will be responsible for your own attorneys’ fees, unless you prevail on the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on merits of your Claim in arbitration, in which the award is based. If the arbitrator issues You an award that is greater than the value of Symantec’s last written settlement offer made before an arbitrator was selected (or if Symantec did not make a settlement offer before an arbitrator was selected), then Symantec case Logix will pay You, in addition your attorneys’ fees. You will not be required to the award, either U.S. $500 or 10% of the amount awarded, whichever is greater. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claimpay Logix’s attorneys’ fees if Logix prevails.
Appears in 2 contracts
Samples: Membership and Accounts Agreement, Membership and Accounts Agreement
Arbitration Proceedings. If You Arbitration between the parties will be subject to the following procedures:
3.1. Pursuant to Section 110 of the Arbitration Act, the parties agree that a party may initiate Arbitration by giving written notice to the other party (“Arbitration Notice”) in the same manner that notice is permitted under Section 8.8 of the Agreement; provided, however, that the Arbitration Notice may not be given by email or fax. Arbitration will be deemed initiated as of the date that the Arbitration Notice is deemed delivered under Section 8.8 of the Agreement (the “Service Date”). After the Service Date, information may be delivered, and Symantec do not reach an agreement notices may be given, by email or fax pursuant to resolve Section 8.8 of the claim within thirty Agreement or any other method permitted thereunder. The Arbitration Notice must describe the nature of the controversy, the remedies sought, and the election to commence Arbitration proceedings. All Claims in the Arbitration Notice must be pleaded consistent with the Utah Rules of Civil Procedure.
3.2. The final Arbitration hearing will be heard by a three (303) person arbitration panel (“Arbitration Panel”). Within ten (10) calendar days after the Notice Service Date, Investor shall select and submit to Company the names of Claim is received, You five (5) arbitrators that are designated as “neutrals” or Symantec may commence an arbitration proceeding qualified arbitrators by Utah ADR Services (or, alternatively, file a claim in small claims courtxxxx://xxx.xxxxxxxxxxxxxxx.xxx) (such five designated persons hereunder are referred to herein as the “Proposed Arbitrators”). You For the avoidance of doubt, each Proposed Arbitrator must be qualified as a “neutral” with Utah ADR Services. Within ten (10) calendar days after Investor has submitted to Company the names of the Proposed Arbitrators, Company must select, by written notice to Investor, three (3) of the Proposed Arbitrators to act as the members of the Arbitration Panel. If Company fails to select three of the Proposed Arbitrators in writing within such 10-day period, then Investor may download select such three arbitrators from the Proposed Arbitrators by providing written notice of such selection to Company. If Investor fails to identify the Proposed Arbitrators within the time period required above, then Company may at any time prior to Investor designating the Proposed Arbitrators, select the names of the five (5) Proposed Arbitrators. Investor may then, within ten (10) calendar days after Company has submitted notice of its Proposed Arbitrators to Investor, select, by written notice to Company, three (3) of the Proposed Arbitrators to serve on the Arbitration Panel. If Investor fails to select in writing and within such 10-day period the three members of the Arbitration Panel, then Company may select such three members of the Arbitration Panel by providing written notice of such selection to Investor. After the three members of the Arbitration Panel are selected, Investor shall designate in writing to Company the name of one of such three arbitrators to serve as the lead arbitrator (the “Lead Arbitrator”). Subject to Paragraph 3.12 below, the cost of the arbitrators must be paid equally by both parties; provided, however, that if one party refuses or copy a form fails to pay its portion of notice and a form the arbitrators’ fees, then the other party can advance such unpaid amounts (subject to initiate arbitration at xxx.xxx.xxx. The arbitration will be governed the accrual of Default Interest thereupon), with such amount added to or subtracted from, as applicable, the award granted by the Consumer Arbitration Panel. If Utah ADR Services ceases to exist or Commercial Arbitration Rulesto provide a list of neutrals, as appropriate, then the arbitrators shall be selected under the then prevailing rules of the American Arbitration Association Association. The date that all three selected arbitrators agree in writing to serve as the arbitrators hereunder is referred to herein as the “Arbitration Commencement Date”.
3.3. An answer and any counterclaims to the Arbitration Notice, which must be pleaded consistent with the Utah Rules of Civil Procedure, shall be required to be delivered to the other party within twenty ("AAA"20) (collectivelycalendar days after the Service Date. Upon request, the "AAA Rules"Arbitration Panel is hereby instructed to render a default award, consistent with the relief requested in the Arbitration Notice, against a party that fails to submit an answer within such time period.
3.4. The party that delivers the Arbitration Notice to the other party shall have the option to also commence legal proceedings with any state court sitting in Salt Lake County, Utah (“Litigation Proceedings”), subject to the following: (i) the complaint in the Litigation Proceedings is to be substantially similar to the claims set forth in the Arbitration Notice, provided that an additional cause of action to compel arbitration will also be included therein, (ii) so long as modified by this License Agreementthe other party files an answer to the complaint in the Litigation Proceedings and an answer to the Arbitration Notice, the Litigation Proceedings will be stayed pending an award of the Arbitration Panel hereunder, (iii) if the other party fails to file an answer in the Litigation Proceedings or an answer in the Arbitration Proceedings, then the party initiating Arbitration shall be entitled to a default judgment consistent with the relief requested, to be entered in the Litigation Proceedings, and (iv) any legal or procedural issue arising under the Arbitration Act that requires a decision of a court of competent jurisdiction may be determined in the Litigation Proceedings. Any award of the Arbitration Panel may be entered in such Litigation Proceedings pursuant to the Arbitration Act.
3.5. Pursuant to Section 118(8) of the Arbitration Act, the parties agree that discovery shall be conducted in accordance with the Utah Rules of Civil Procedure; provided, however, that incorporation of such rules will in no event supersede the Arbitration Provisions set forth herein, including without limitation the time limitation set forth in Paragraph 3.9 below, and the following:
(a) The Lead Arbitrator will be administered responsible for determining all issues regarding discovery.
(b) Discovery will only be allowed if the likely benefits of the proposed discovery outweigh the burden or expense, and the discovery sought is likely to reveal information that will satisfy a specific element of a claim or defense already pleaded in the Arbitration. The party seeking discovery shall always have the burden of showing that all of the standards and limitations set forth in these Arbitration Provisions are satisfied. The scope of discovery in the Arbitration proceedings shall also be limited as follows:
(i) To facts directly connected with the transactions contemplated by the AAAAgreement.
(ii) To facts and information that cannot be obtained from another source that is more convenient, less burdensome or less expensive.
(c) No party shall be allowed (a) more than fifteen (15) interrogatories (including discrete subparts), (b) more than fifteen (15) requests for admission (including discrete subparts), (c) more than ten (10) document requests (including discrete subparts), or (d) more than three depositions (excluding expert depositions) for a maximum of seven (7) hours per deposition.
3.6. Any party submitting any written discovery requests, including interrogatories, requests for production, subpoenas to a party or a third party, or requests for admissions, must prepay the estimated attorneys’ fees and costs, as determined by the Lead Arbitrator, before the responding party has any obligation to produce or respond.
(a) All discovery requests must be submitted in writing to the Lead Arbitrator and the other party before issuing or serving such discovery requests. The AAA party issuing the written discovery requests must include with such discovery requests a detailed explanation of how the proposed discovery requests satisfy the requirements of these Arbitration Provisions and the Utah Rules of Civil Procedure. Any party will then be allowed, within ten (10) calendar days of receiving the proposed discovery requests, to submit to the Lead Arbitrator an estimate of the attorneys’ fees and Forms costs associated with responding to such written discovery requests and a written challenge to each applicable discovery request. After receipt of an estimate of attorneys’ fees and costs and/or challenge(s) to one or more discovery requests, the Lead Arbitrator will make a finding as to the likely attorneys’ fees and costs associated with responding to the discovery requests and issue an order that (A) requires the requesting party to prepay the attorneys’ fees and costs associated with responding to the discovery requests, and (B) requires the responding party to respond to the discovery requests as limited by the Lead Arbitrator within a certain period of time after receiving payment from the requesting party. If a party entitled to submit an estimate of attorneys’ fees and costs and/or a challenge to discovery requests fails to do so within such 10-day period, the Lead Arbitrator will make a finding that (A) there are available online at xxx.xxx.xxx no attorneys’ fees or costs associated with responding to such discovery requests, and (B) the responding party must respond to such discovery requests (as may be limited by calling the AAA at 0-000-000-0000Lead Arbitrator) within a certain period of time as determined by the Lead Arbitrator.
(b) In order to allow a written discovery request, the Lead Arbitrator must find that the discovery request satisfies the standards set forth in these Arbitration Provisions and the Utah Rules of Civil Procedure. The arbitrator is bound Lead Arbitrator must strictly enforce these standards. If a discovery request does not satisfy any of the standards set forth in these Arbitration Provisions or the Utah Rules of Civil Procedure, the Lead Arbitrator may modify such discovery request to satisfy the applicable standards, or strike such discovery request in whole or in part.
(c) Discovery deadlines will be set forth in a scheduling order issued by the terms of this License AgreementLead Arbitrator. All issues are The parties hereby authorize and direct the Lead Arbitrator to take such actions and make such rulings as may be necessary to carry out the parties’ intent for the arbitrator arbitration proceedings to decidebe efficient and expeditious.
3.7. Each party may submit expert reports (and rebuttals thereto), including issues relating to provided that such reports must be submitted by the scope and enforceability of this arbitration provision. Unless Symantec and You agree otherwise, any arbitration hearings will take place in the county (or parish) of either Your residence or of the mailing address You provided in Your Notice of Claim. If Your claim is for U.S. $10,000 or less, Symantec agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as deadlines established by the AAA RulesLead Arbitrator. If Your claim exceeds U.S. $10,000Expert reports must contain the following: (a) a complete statement of all opinions the expert will offer at trial and the basis and reasons for them; (b) the expert’s name and qualifications, including a list of all publications within the preceding 10 years, and a list of any other cases in which the expert has testified at trial or in a deposition or prepared a report within the preceding 10 years; and (c) the compensation to be paid for the expert’s study and testimony. The parties are entitled to depose any other party’s expert witness one time for no more than 4 hours. An expert may not testify in a party’s case-in-chief concerning any matter not fairly disclosed in the expert report.
3.8. All information disclosed by either party during the Arbitration process (including without limitation information disclosed during the discovery process) shall be considered confidential in nature. Each party agrees not to disclose any confidential information received from the other party during the discovery process unless (i) prior to or after the time of disclosure such information becomes public knowledge or part of the public domain, not as a result of any inaction or action of the receiving party, (ii) such information is required by a court order, subpoena or similar legal duress to be disclosed if such receiving party has notified the other party thereof in writing and given it a reasonable opportunity to obtain a protective order from a court of competent jurisdiction prior to disclosure; or (iii) disclosed to the receiving party’s agents, representatives and legal counsel on a need to know basis who each agree in writing not to disclose such information to any third party. Pursuant to Section 118(5) of the Arbitration Act, the Lead Arbitrator is hereby authorized and directed to issue a protective order to prevent the disclosure of privileged information and confidential information upon the written request of either party.
3.9. The parties hereby authorize and direct the Arbitration Panel to take such actions and make such rulings as may be necessary to carry out the parties’ intent for the arbitration proceedings to be efficient and expeditious. Pursuant to Section 120 of the Arbitration Act, the parties hereby agree that an award of the Arbitration Panel must be made within 150 days after the Arbitration Commencement Date. The Lead Arbitrator is hereby authorized and directed to hold a scheduling conference within ten (10) calendar days after the Arbitration Commencement Date in order to establish a scheduling order with various binding deadlines for discovery, expert testimony, and the submission of documents by the parties to enable the Arbitration Panel to render a decision prior to the end of such 150-day period. The Utah Rules of Evidence will apply to any final hearing before the Arbitration Panel.
3.10. The decision of the Arbitration Panel shall be determined by majority vote of the arbitrators. The Arbitration Panel shall have the right to award or include in the Arbitration Panel’s award any relief which the Arbitration Panel deems proper under the circumstances, including, without limitation, specific performance and injunctive relief, provided that the Arbitration Panel may not award exemplary or punitive damages. The Arbitration Panel shall select a hearing will be determined by single arbitrator to prepare the AAA Rules. Regardless written decision of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is basedArbitration Panel.
3.11. If the arbitrator issues You an award that any part of these Arbitration Provisions is greater than the value of Symantec’s last written settlement offer made before an arbitrator was selected (found to violate applicable law or if Symantec did not make a settlement offer before an arbitrator was selected)to be illegal, then Symantec will pay You, in addition such provision shall be modified to the award, either U.S. $500 or 10% of the amount awarded, whichever is greater. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the minimum extent necessary to provide relief warranted make such provision enforceable under applicable law.
3.12. The Arbitration Panel is hereby directed to require the losing party to (i) pay the full amount of the costs and fees of the arbitrators, and (ii) reimburse the prevailing party the reasonable attorneys’ fees, arbitrator costs, deposition costs, and other discovery costs incurred by that the prevailing party's individual claim.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Cabinet Grow, Inc.), Securities Purchase Agreement (Cabinet Grow, Inc.)
Arbitration Proceedings. If You and Symantec do not reach an agreement to resolve the claim within thirty (30) 30 days after the Notice of Claim is received, You or Symantec may commence an arbitration proceeding (or, alternatively, file a claim in small claims court). You may download or copy a form of notice and a form to initiate arbitration at xxx.xxx.xxx. The arbitration will be governed by the Consumer or Commercial Arbitration Rules, as appropriate, of the American Arbitration Association ("“AAA"”) (collectively, the "AAA Rules"), as modified by this License Agreementthe Terms, and will be administered by the AAA. The AAA Rules and Forms are available online at xxx.xxx.xxx or by calling the AAA at 0-000-000-0000. The arbitrator is bound by the terms of this License AgreementTerms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless Symantec and You agree otherwise, any arbitration hearings will take place in the county (or parish) of either Your residence or of the mailing address You provided in Your Notice of Claim. If Your claim is for U.S. $10,000 or less, Symantec agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-in- person hearing as established by the AAA Rules. If Your claim exceeds U.S. $10,000US10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues You an award that is greater than the value of Symantec’s last written settlement offer made before an arbitrator was selected (or if Symantec did not make a settlement offer before an arbitrator was selected), then Symantec will pay You, in addition to the award, either U.S. $500 US500 or 10% of the amount awarded, whichever is greater. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's ’s individual claim.
Appears in 2 contracts
Arbitration Proceedings. If You you and Symantec Aon do not reach an agreement to resolve the claim within thirty (30) days after the Notice of Claim is received, You you or Symantec Aon may commence an arbitration proceeding (or, alternatively, file a claim in small claims court). You may download or copy a form of notice and a form to initiate arbitration at xxx.xxx.xxx. The arbitration will be governed by the Consumer or Commercial Arbitration Rules, as appropriate, of the American Arbitration Association ("AAA") (collectively, the "AAA Rules"), as modified by this License Agreementthese Service Terms, and will be administered by the AAA. The AAA Rules and Forms are available online at xxx.xxx.xxx or by calling the AAA at 0-000-000-0000xxx.xxx.xxx. The arbitrator is bound by the terms of this License Agreementthese Service Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless Symantec Aon and You you agree otherwise, any arbitration hearings will take place in the county (or parish) of either Your your residence or of the mailing address You you provided in Your your Notice of Claim. If Your your claim is for U.S. $10,000 or less, Symantec Aon agrees that You you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues You you an award that is greater than the value of Symantec’s Aon's last written settlement offer made before an arbitrator was selected (or if Symantec Aon did not make a settlement offer before an arbitrator was selected), then Symantec Aon will pay Youyou, in addition to the award, either U.S. $500 or 10% of the amount awarded, whichever is greater. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
Appears in 1 contract
Samples: Terms of Service
Arbitration Proceedings. If You and Symantec do not reach an agreement to resolve the claim within thirty (30) days after the Notice of Claim is received, You or Symantec may commence an arbitration proceeding (or, alternatively, file a claim in small claims court). You may download or copy a form of notice and a form to initiate arbitration at xxx.xxx.xxx. The arbitration will be governed by the Consumer or Commercial Arbitration Rules, as appropriate, of the American Arbitration Association ("AAA") (collectively, the "AAA Rules"), as modified by this License Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at xxx.xxx.xxx or by calling the AAA at 0-000-000-0000. The arbitrator is bound by the terms of this License Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless Symantec and You agree otherwise, any arbitration hearings will take place in the county (or parish) of either Your residence or of the mailing address You provided in Your Notice of Claim. If Your claim is for U.S. $10,000 or less, Symantec Xxxxxxxx agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues You an award that is greater than the value of Symantec’s last written settlement offer made before an arbitrator was selected (or if Symantec did not make a settlement offer before an arbitrator was selected), then Symantec will pay You, in addition to the award, either U.S. $500 or 10% of the amount awarded, whichever is greater. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
Appears in 1 contract
Samples: Terms of Service
Arbitration Proceedings. If You and Symantec we do not reach an agreement to resolve the claim within thirty (30) days after the Notice of Claim is received, You you or Symantec may commence an arbitration proceeding (or, alternatively, file a claim in small claims court). You may download or copy a form of notice and a form to initiate arbitration at xxx.xxx.xxx. The arbitration will be governed by the Consumer or Commercial Arbitration Rules, as appropriate, of the American Arbitration Association ("AAA") (collectively, the "AAA Rules"), as modified by this License Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at xxx.xxx.xxx or by calling the AAA at 0-000-000-0000xxx.xxx.xxx. The arbitrator is bound by the terms of this License Agreementthese license terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless Symantec and You you agree otherwise, any arbitration hearings will take place in the county (or parish) of either Your your residence or of the mailing address You you provided in Your your Notice of Claim. If Your your claim is for U.S. $10,000 or less, Symantec Xxxxxxxx agrees that You you may choose whether the arbitration will be conducted solely based on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which way the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues You you an award that is greater than the value of Symantec’s last written settlement offer made before an arbitrator was selected (or if Symantec did not make a settlement offer before an arbitrator was selected), then Symantec will pay Youyou, in addition to the award, either U.S. $500 or 10% of the amount awarded, whichever is greater. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
Appears in 1 contract
Samples: Symantec Customer Agreement
Arbitration Proceedings. If You and Symantec do Where a is submitted to arbitration, Arbitration shall commence hearings not reach an agreement to resolve the claim within thirty later than twenty-eight (3028) days after the Notice matter being submitted to the Arbitration Board ancl shall hear and argument submitted by or on behalf of Claim is received, You or Symantec may commence an arbitration proceeding (or, alternatively, file the parties relevant to the submitted and shall make a claim decision thereon in small claims court). You may download or copy a the form of notice and a form to initiate arbitration at xxx.xxx.xxxan of Arbitration Boarcl. The arbitration will Every effort be governed macle by the Consumer or Commercial Arbitration Rules, as appropriate, of College and the American Arbitration Association ("AAA") (collectively, the "AAA Rules"), as modified by this License Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at xxx.xxx.xxx or by calling the AAA at 0-000-000-0000. The arbitrator is bound by the terms of this License Agreement. All issues are for the arbitrator Union to decide, including issues share information relating to the scope arbitration case in a reasonable ancl timely manner prior to the arbitration hearing. If either party is going to raise preliminary objections as of the being submitted to arbitration, shall be given in writing to the other party at least forty-eight (48) hours prior to the commencement of the hearing. The Arbitration Boarcl shall hear and enforceability determine difference or allegations and shall issue a decision, which decision shall be final ancl binding ancl enforceable upon the parties and upon any Employee or Employees affected by it. The Arbitration Board may summon before it any witnesses and require them to give evidence on oath, orally or in writing, and to produce such documents ancl evidence as the Arbitration Boarcl requisite to full investigation and consideration of the referred to it. The Arbitration Board shall submit a report on the findings and the decision of the Board to the parties not later than twenty-one (21) days following the completion of the hearing. Any time limits referred to above may be extended by mutual agreement of the parties hereto. In the case of a three (3) person Arbitration Board, the decision of majority shall be the decision of the Arbitration Board. If there is no majority, the decision of the Chairperson shall be the decision of the Board. The Arbitration Board shall not have the power to add to, subtract from, modify or alter in any way the provisions of this arbitration provisionCollective Agreement. Unless Symantec and You agree otherwise, any arbitration hearings will take place The Arbitration Board shall expressly confine itself to the issue in the county (or parish) of either Your residence or of the mailing address You provided in Your Notice of Claim. If Your claim is for U.S. $10,000 or less, Symantec agrees that You may choose whether the arbitration will be conducted solely on the basis of documents grievance submitted to the arbitratorBoard and shall have no authority to make a decision recommendation on any other issue not so submitted to the Board. Except as provided in clause where the Arbitration Board determines that an Employee has employment terminated or has been otherwise disciplined by College for just, through a telephonic hearingcause, Arbitration Board may substitute such other penalty or by an in-person hearing as established by the AAA Rules. If Your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless remedy in lieu of the manner in which termination or the arbitration is conducted, disciplinary action as Arbitration Board deems just and under the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues You an award that is greater than the value of Symantec’s last written settlement offer made before an arbitrator was selected (or if Symantec did not make a settlement offer before an arbitrator was selected), then Symantec will pay You, in addition to the award, either U.S. $500 or 10% of the amount awarded, whichever is greater. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claimcircumstances.
Appears in 1 contract
Samples: Collective Agreement
Arbitration Proceedings. If You and Symantec we do not reach an agreement to resolve the claim within thirty (30) days after the Notice of Claim is received, You you or Symantec we may commence an arbitration proceeding (or, alternatively, file a claim in small claims court). You may download or copy a form of notice and a form to initiate arbitration at xxx.xxx.xxx. The arbitration will be governed by the Consumer or Commercial Arbitration Rules, as appropriate, of the American Arbitration Association ("AAA") (collectively, the "AAA Rules"), as modified by this License Agreementthese Terms, and will be administered by the AAA. The AAA Rules and Forms are available online at xxx.xxx.xxx or by calling the AAA at 0-000-000-0000xxx.xxx.xxx. The arbitrator is bound by the terms of this License Agreementthese Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless Symantec we and You you agree otherwise, any arbitration hearings will take place in the county (or parish) of either Your your residence or of the mailing address You you provided in Your your Notice of Claim. If Your your claim is for U.S. $10,000 or less, Symantec agrees we agree that You you may choose whether the arbitration will be conducted solely based on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which way the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues You you an award that is greater than the value of Symantec’s our last written settlement offer made before an arbitrator was selected (or if Symantec we did not make a settlement offer before an arbitrator was selected), then Symantec we will pay Youyou, in addition to the award, either U.S. $500 or 10% of the amount awarded, whichever is greater. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
Appears in 1 contract
Samples: License and Services Agreement
Arbitration Proceedings. If You and Symantec we do not reach an agreement to resolve the claim within thirty (30) days after the Notice of Claim is received, You you or Symantec NortonLifeLock may commence an arbitration proceeding (or, alternatively, file a claim in small claims court). You may download or copy a form of notice and a form to initiate arbitration at xxx.xxx.xxx. The arbitration will be governed by the Consumer or Commercial Arbitration Rules, as appropriate, of the American Arbitration Association ("AAA") (collectively, the "AAA Rules"), as modified by this License AgreementLSA, and will be administered by the AAA. The AAA Rules and Forms are available online at xxx.xxx.xxx or by calling the AAA at 0-000-000-0000xxx.xxx.xxx. The arbitrator is bound by the terms of this License AgreementLSA. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless Symantec NortonLifeLock and You you agree otherwise, any arbitration hearings will take place in the county (or parish) of either Your your residence or of the mailing address You you provided in Your your Notice of Claim. If Your your claim is for U.S. $10,000 or less, Symantec NortonLifeLock agrees that You you may choose whether the arbitration will be conducted solely based on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which way the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues You you an award that is greater than the value of Symantec’s our last written settlement offer made before an arbitrator was selected (or if Symantec we did not make a settlement offer before an arbitrator was selected), then Symantec We will pay Youyou, in addition to the award, either U.S. $500 or 10% of the amount awarded, whichever is greater. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
Appears in 1 contract
Samples: License and Services Agreement
Arbitration Proceedings. If You The arbitration shall be conducted within 50 miles of your residence at the time the arbitration is commenced. Any claims and Symantec do not reach an agreement to resolve the claim within thirty (30) days after the Notice of Claim is received, You or Symantec may commence an arbitration proceeding (or, alternatively, file a claim defenses that can be asserted in small claims court). You may download or copy a form of notice and a form to initiate arbitration at xxx.xxx.xxxcourt can be asserted through arbitration. The arbitration will arbitrator shall be governed entitled to award the same remedies that a court can award. Discovery shall be available for non-privileged information to the fullest extent permitted under the Rules. The Arbitrator’s award can be entered as a judgment in court. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the Consumer or Commercial Arbitration Rulescourt and it cannot be appealed. The Credit Union shall pay for any filing, as appropriate, of the American Arbitration Association ("AAA") (collectively, the "AAA Rules"), as modified by this License Agreementadministration, and will be administered arbitrator fees imposed on you by the AAA. The However, you will be responsible for your own attorney’s fees, unless you prevail on your Claim in the arbitration, in which case, we will pay your attorney’s fees. However, if the Credit Union prevails, then you will not be required to pay our attorneys’ fees and cost. • Any determination as to whether this Arbitration Agreement is valid or enforceable in part or in its entirety will be made solely by the arbitrator, including without limitation any issues relating to whether a Claim is subject to arbitration; provided, however, the enforceability of the Class Action Waiver set forth below shall be determined by the Court • CLASS ACTION WAIVER: ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT. • SEVERABILITY: In the event that the Class Action Waiver in this Arbitration Agreement is found to be unenforceable for any reason, the remainder of this Arbitration Agreement shall also be unenforceable. If any provision in this Arbitration Agreement, other than the Class Action Waiver, is found to be unenforceable, the remaining provisions will remain fully enforceable. • SURVIVAL: This Arbitration Agreement will survive termination of the Agreement. • RIGHT OF OPT-OUT: You have the right to opt-out of this Arbitration Agreement, provided that you notify the Credit Union of your intent to opt-out within 60 days after it is provided to you. Your opt-out is only effective if you notify us in writing at X.X. Xxx 00000, Xxxx Xxxxx Xxxxx, XX 00000 within such 60 day time period. If you fail to opt-out within this 60 day time period, you will be deemed to have consented to the resolution of your Claims through binding arbitration. In the event you opt-out of this Arbitration Agreement, such opt-out will not affect other terms and conditions of your Agreement or your relationship with the Credit Union. FOR MORE DETAILS or if you have questions, you may call us or visit a branch. If you have questions about AAA Rules and Forms are available online at xxx.xxx.xxx or by calling the procedures, you should check AAA’s website, xxx.xxx.xxx, OR call AAA at 0-(000-) 000-0000. The arbitrator You understand that any debt or loan obligation you may have with us that is bound by the terms of this License Agreement. All issues are for the arbitrator to decide, including issues relating subject to the scope and enforceability of Federal Truth in Lending Act, 15 USC 1601 et seq., is not subject to this arbitration provision. Unless Symantec and You agree otherwise, any arbitration hearings will take place in the county (or parish) of either Your residence or of the mailing address You provided in Your Notice of Claim. If Your claim is for U.S. $10,000 or less, Symantec agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues You an award that is greater than the value of Symantec’s last written settlement offer made before an arbitrator was selected (or if Symantec did not make a settlement offer before an arbitrator was selected), then Symantec will pay You, in addition to the award, either U.S. $500 or 10% of the amount awarded, whichever is greater. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claimArbitration Agreement.
Appears in 1 contract
Arbitration Proceedings. If You Arbitration proceedings provide me a fair hearing, but the arbitration procedures are simpler and Symantec do not reach an agreement more limited than rules applicable in court. Discovery will be available for non-privileged information to resolve the claim within thirty (30) days after fullest extent permitted under the Notice Rules. Any defenses that would apply to a Claim if it was brought in a court of Claim is receivedlaw will apply in any arbitration proceeding between us, You including defenses based on the expiration of the applicable statute of limitations or Symantec may commence otherwise relating to the timeliness of the initiation of the Claim, and the commencement of an arbitration proceeding (or, alternatively, file a claim in small claims court). You may download or copy a form of notice under this Binding Arbitration Consent and a form to initiate arbitration at xxx.xxx.xxx. The arbitration Agreement will be governed deemed the commencement of an action for such purposes. Arbitration decisions are as enforceable as any court order and are subject to very limited review by a court and cannot be appealed. Arbitrators can award the same remedies including damages, injunctive relief on an individual basis, and other remedies that a court can award. Any determination as to whether this Binding Arbitration Consent and Agreement is valid or enforceable in part or in its entirety will be made solely by the Consumer or Commercial Arbitration Rules, as appropriate, of the American Arbitration Association ("AAA") (collectively, the "AAA Rules"), as modified by this License Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at xxx.xxx.xxx or by calling the AAA at 0-000-000-0000. The arbitrator is bound by the terms of this License Agreement. All issues are for the arbitrator to decidearbitrator, including without limitation any issues relating to whether a Claim is subject toarbitration. CLASS ACTION WAIVER: ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS. I UNDERSTAND AND AGREE THAT I AM WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASSACTION LAWSUIT. LOCATION: The place of arbitration shall be within fifty (50) miles of my residence at the scope and enforceability of this arbitration provision. Unless Symantec and You agree otherwise, any arbitration hearings will take place in the county (or parish) of either Your residence or of the mailing address You provided in Your Notice of Claim. If Your claim is for U.S. $10,000 or less, Symantec agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which time the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is basedcommenced. If the arbitrator issues You an award that is greater than the value of Symantec’s last written settlement offer made before an arbitrator was selected (or if Symantec did not make a settlement offer before an arbitrator was selected), then Symantec COSTS: I understand you will pay Youfor any filing, administration, and arbitrator fees as imposed on me by AAA. However, I will be responsible for my attorneys’ fees, unless I prevail on the merits of my Claim in addition arbitration. A TTORNEYS’ FEES: If I prevail on the merits of my Claim in arbitration, you will pay my attorneys’ fees. I will not be required to the award, either U.S. $500 or 10% of the amount awarded, whichever is greater. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claimpay your attorneys’ fees if you prevail.
Appears in 1 contract
Arbitration Proceedings. If You and Symantec do not reach an agreement to resolve the claim within thirty (30) days after the Notice of Claim is received, You or Symantec may commence an arbitration proceeding (or, or alternatively, file a claim in small claims court). You may download or copy a form of notice and a form to initiate arbitration at xxx.xxx.xxx. The www.adr.orgThe arbitration will be governed by the Consumer or Commercial Arbitration Rules, as appropriate, of the American Arbitration Association ("AAA") (collectively, the "“AAA Rules"”), as modified by this License Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at xxx.xxx.xxx or by calling the AAA at 0-000-000-0000. The arbitrator is bound by the terms of this License Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless Symantec and You agree otherwise, any arbitration hearings will take place in the county (or parish) of either Your residence or of the mailing address You provided in Your Notice of Claim. If Your claim is for U.S. $10,000 or less, Symantec agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person inperson hearing as established by the AAA Rules. If Your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues You an award that is greater than the value of Symantec’s last written settlement offer made before an arbitrator was selected (or if Symantec did not make a settlement offer before an arbitrator was selected), then Symantec will pay You, in addition to the award, either U.S. $500 or 10% of the amount awarded, whichever is greater. .. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's ’s individual claim.
Appears in 1 contract
Samples: License Agreement
Arbitration Proceedings. If You and Symantec do not reach an agreement to resolve the claim within thirty (30) days after the Notice of Claim is received, You or Symantec may commence an arbitration proceeding (or, alternatively, file a claim in small claims court). You may download or copy a form of notice and a form to initiate arbitration at xxx.xxx.xxx. The arbitration will be governed by the Consumer or Commercial Arbitration Rules, as appropriate, of the American Arbitration Association ("AAA") (collectively, the "AAA Rules"), as modified by this License Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at xxx.xxx.xxx or by calling the AAA at 0-000-000-0000xxx.xxx.xxx. The arbitrator is bound by the terms of this License Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless Symantec and You agree otherwise, any arbitration hearings will take place in the county (or parish) of either Your residence or of the mailing address You provided in Your Notice of Claim. If Your claim is for U.S. $10,000 or less, Symantec agrees that You may choose whether the arbitration will be conducted solely based on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which how the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues You an award that is greater than the value of Symantec’s last written settlement offer made before an arbitrator was selected (or if Symantec did not make a settlement offer before an arbitrator was selected), then Symantec will pay You, in addition to the award, either U.S. $500 or 10% of the amount awarded, whichever is greater. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
Appears in 1 contract
Arbitration Proceedings. If You and Symantec do not reach an agreement to resolve the claim within thirty (30) days after the Notice of Claim is received, You or Symantec may commence an arbitration proceeding (or, alternatively, file a claim in small claims court). You may download or copy a form of notice and a form to initiate arbitration at xxx.xxx.xxx. The arbitration will be governed by the Consumer or Commercial Arbitration Rules, as appropriate, of the American Arbitration Association ("AAA") (collectively, the "AAA Rules"), as modified by this License Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at xxx.xxx.xxx or by calling the AAA at 0-000-000-0000. The arbitrator is bound by the terms of this License Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless Symantec and You agree otherwise, any arbitration hearings will take place in the county (or parish) of either Your residence or of the mailing address You provided in Your Notice of Claim. If Your claim is for U.S. $10,000 or less, Symantec agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-in- person hearing as established by the AAA Rules. If Your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues You an award that is greater than the value of Symantec’s last written settlement offer made before an arbitrator was selected (or if Symantec did not make a settlement offer before an arbitrator was selected), then Symantec will pay You, in addition to the award, either U.S. $500 or 10% of the amount awarded, whichever is greater. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
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Samples: Norton License Agreement