Arbitration Rules and Forum. This Arbitration Agreement evidences a transaction in interstate commerce and is governed by the Federal Arbitration Act (“FAA”) in all respects. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply. Before a party may initiate an arbitration proceeding, that party must send notice of an intent to initiate arbitration and certifying completion of the informal dispute resolution conference pursuant to Section 8.4(b) of this Agreement. Such notice must be signed by hand, whether by you or by a Viasat representative, and may not be signed electronically. If this notice is being sent to Viasat, it must be sent by email to the counsel who represented Viasat in the informal dispute resolution process or, if there was no such counsel, then by mail to the address on the first page of this Agreement, to the attention of the Viasat Legal Department. We will send any such notice to your billing address. The arbitration will be conducted by ADR Services, Inc. under its rules and pursuant to the terms of this Agreement. Arbitration demands filed with ADR Services, Inc. must include (a) the name, telephone number, mailing address, and e-mail address of the party seeking arbitration; (b) a statement of the legal claims being asserted and the factual bases of those claims; (c) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy, enumerated in United States Dollars (any request for injunctive relief or attorneys’ fees shall not count toward the calculation of the amount in controversy unless such injunctive relief seeks the payment of money); and (d) the handwritten signature of the party seeking arbitration (electronic signatures are not permitted). Each arbitration demand must also include a signed certification from you or your counsel that (a) you have complied with the pre-arbitration informal dispute negotiation requirement set forth in Section 8.4(b) of this Agreement; (b) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (c) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (d) the factual contentions have evidentiary support (or will after reasonable opportunity for further investigation or discovery). If you are represented by counsel, your counsel may participate in the arbitration, but you shall also fully participate in the arbitration. Disputes shall be subject to ADR Services, Inc.’s most current version of its Arbitration Rules, available at xxxxx://xxx.xxxxxxxxxxx.xxx/services/arbitration-rules or by calling ADR Services, Inc. at 000-000-0000 or by writing to the address on the first page of this Agreement to the attention of the Viasat Legal Department. The fees that shall apply to arbitrations administered by ADR Services, Inc. are set forth on ADR Services, Inc.’s website, available at xxxxx://xxx.xxxxxxxxxxx.xxx/rate- fee-schedule/. Specifically, the fees set forth in ADR Services, Inc.’s Mass Employment Arbitration Fee Schedule shall apply when twenty (20) or more arbitration claims are filed which: (a) involve the same or similar parties; (b) are based on the same or similar claims which arise from the same or substantially identical transactions, incidents, or events requiring the determination of the same or substantially identical questions of law or fact; and (c) involve the same or coordinated counsel for the parties. In all other circumstances, the fees set forth in ADR Services, Inc.’s General Fee Schedule shall apply, except that Viasat will pay the portion of the initial case opening fees (if any) that exceeds the filing fee to file the case in a court of competent jurisdiction embracing the location of the arbitration. Payment of all filing, administration, and arbitration fees will be governed by ADR Services, Inc.’s rules. If the arbitrator finds that you cannot afford to pay ADR Services, Inc.’s filing, administrative, hearing, and/or other fees and cannot obtain a waiver of fees from ADR Services, Inc., Viasat will pay them for you. If ADR Services, Inc. is not available to arbitrate, the parties will meet and confer to discuss mutually agreeing to an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, video conference, based on written submissions, or (if and only if ADR Services, Inc. is available to do so) in person in the county where you live or at another mutually agreed location. During the arbitration, neither party shall disclose to the arbitrator the amount of any settlement offer made by either party, until after the arbitrator determines the amount, if any, to which you or Viasat is entitled.
Appears in 14 contracts
Samples: Customer Agreement, Customer Agreement, Customer Agreement
Arbitration Rules and Forum. This Arbitration Agreement evidences a transaction in interstate commerce and is governed by the Federal Arbitration Act (“FAA”) in all respects. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply. Before a party may initiate an arbitration proceeding, that party must send notice of an intent to initiate arbitration and certifying completion of the informal dispute resolution conference pursuant to Section 8.4(b9.4(b) of this Agreement. Such notice must be signed by hand, whether by you or by a Viasat representative, and may not be signed electronically. If this notice is being sent to Viasat, it must be sent by email to the counsel who represented Viasat in the informal dispute resolution process or, if there was no such counsel, then by mail to the address on the first page of this Agreement, to the attention of the Viasat Legal Department. We will send any such notice to your billing address. The arbitration will be conducted by ADR Services, Inc. under its rules and pursuant to the terms of this Agreement. Arbitration demands filed with ADR Services, Inc. must include (a) the name, telephone number, mailing address, and e-mail address of the party seeking arbitration; (b) a statement of the legal claims being asserted and the factual bases of those claims; (c) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy, enumerated in United States Dollars (any request for injunctive relief or attorneys’ fees shall not count toward the calculation of the amount in controversy unless such injunctive relief seeks the payment of money); and (d) the handwritten signature of the party seeking arbitration (electronic signatures are not permitted). Each arbitration demand must also include a signed certification from you or your counsel that (a) you have complied with the pre-arbitration informal dispute negotiation requirement set forth in Section 8.4(b9.4(b) of this Agreement; (b) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (c) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (d) the factual contentions have evidentiary support (or will after reasonable opportunity for further investigation or discovery). If you are represented by counsel, your counsel may participate in the arbitration, but you shall also fully participate in the arbitration. Disputes shall be subject to ADR Services, Inc.’s most current version of its Arbitration Rules, available at xxxxx://xxx.xxxxxxxxxxx.xxx/services/arbitration-rules or by calling ADR Services, Inc. at 000-000-0000 or by writing to the address on the first page of this Agreement to the attention of the Viasat Legal Department. The fees that shall apply to arbitrations administered by ADR Services, Inc. are set forth on ADR Services, Inc.’s website, available at xxxxx://xxx.xxxxxxxxxxx.xxx/rate- fee-schedule/. Specifically, the fees set forth in ADR Services, Inc.’s Mass Employment Arbitration Fee Schedule shall apply when twenty (20) or more arbitration claims are filed which: (a) involve the same or similar parties; (b) are based on the same or similar claims which arise from the same or substantially identical transactions, incidents, or events requiring the determination of the same or substantially identical questions of law or fact; and (c) involve the same or coordinated counsel for the parties. In all other circumstances, the fees set forth in ADR Services, Inc.’s General Fee Schedule shall apply, except that Viasat will pay the portion of the initial case opening fees (if any) that exceeds the filing fee to file the case in a court of competent jurisdiction embracing the location of the arbitration. Payment of all filing, administration, and arbitration fees will be governed by ADR Services, Inc.’s rules. If the arbitrator finds that you cannot afford to pay ADR Services, Inc.’s filing, administrative, hearing, and/or other fees and cannot obtain a waiver of fees from ADR Services, Inc., Viasat will pay them for you. If ADR Services, Inc. is not available to arbitrate, the parties will meet and confer to discuss mutually agreeing to an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, video conference, based on written submissions, or (if and only if ADR Services, Inc. is available to do so) in person in the county where you live or at another mutually agreed location. During the arbitration, neither party shall disclose to the arbitrator the amount of any settlement offer made by either party, until after the arbitrator determines the amount, if any, to which you or Viasat is entitled.;
Appears in 3 contracts
Samples: Customer Agreement, Customer Agreement, Customer Agreement
Arbitration Rules and Forum. This Arbitration Agreement evidences a transaction in interstate commerce and is governed by the Federal Arbitration Act (“FAA”) in all respects. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply. Before a party may initiate an arbitration proceeding, that party must send notice of an intent to initiate arbitration and certifying completion of the informal dispute resolution conference pursuant to Section 8.4(b9.4(b) of this Agreement. Such notice must be signed by hand, whether by you or by a Viasat representative, and may not be signed electronically. If this notice is being sent to Viasat, it must be sent by email to the counsel who represented Viasat in the informal dispute resolution process or, if there was no such counsel, then by mail to the address on the first page of this Agreement, to the attention of the Viasat Legal Department. We will send any such notice to your billing address. The arbitration will be conducted by ADR Services, Inc. under its rules and pursuant to the terms of this Agreement. Arbitration demands filed with ADR Services, Inc. must include (a) the name, telephone number, mailing address, and e-mail address of the party seeking arbitration; (b) a statement of the legal claims being asserted and the factual bases of those claims; (c) a description of the remedy sought and an accurate, good-good- faith calculation of the amount in controversy, enumerated in United States Dollars (any request for injunctive relief or attorneys’ fees shall not count toward the calculation of the amount in controversy unless such injunctive relief seeks the payment of money); and (d) the handwritten signature of the party seeking arbitration (electronic signatures are not permitted). Each arbitration demand must also include a signed certification from you or your counsel that (a) you have complied with the pre-arbitration informal dispute negotiation requirement set forth in Section 8.4(b9.4(b) of this Agreement; (b) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (c) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (d) the factual contentions have evidentiary support (or will after reasonable opportunity for further investigation or discovery). If you are represented by counsel, your counsel may participate in the arbitration, but you shall also fully participate in the arbitration. Disputes shall be subject to ADR Services, Inc.’s most current version of its Arbitration Rules, available at xxxxx://xxx.xxxxxxxxxxx.xxx/services/arbitration-rules or by calling ADR Services, Inc. at 000-000-0000 or by writing to the address on the first page of this Agreement to the attention of the Viasat Legal Department. The fees that shall apply to arbitrations administered by ADR Services, Inc. are set forth on ADR Services, Inc.’s website, available at xxxxx://xxx.xxxxxxxxxxx.xxx/rate- fee-schedule/. xxxxx://xxx.xxxxxxxxxxx.xxx/rate-fee-schedule/. Specifically, the fees set forth in ADR Services, Inc.’s Mass Employment Arbitration Fee Schedule shall apply when twenty (20) or more arbitration claims are filed which: (a) involve the same or similar parties; (b) are based on the same or similar claims which arise from the same or substantially identical transactions, incidents, or events requiring the determination of the same or substantially identical questions of law or fact; and (c) involve the same or coordinated counsel for the parties. In all other circumstances, the fees set forth in ADR Services, Inc.’s General Fee Schedule shall apply, except that Viasat will pay the portion of the initial case opening fees (if any) that exceeds the filing fee to file the case in a court of competent jurisdiction embracing the location of the arbitration. Payment of all filing, administration, and arbitration fees will be governed by ADR Services, Inc.’s rules. If the arbitrator finds that you cannot afford to pay ADR Services, Inc.’s filing, administrative, hearing, and/or other fees and cannot obtain a waiver of fees from ADR Services, Inc., Viasat will pay them for you. If ADR Services, Inc. is not available to arbitrate, the parties will meet and confer to discuss mutually agreeing to an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, video conference, based on written submissions, or (if and only if ADR Services, Inc. is available to do so) in person in the county where you live or at another mutually agreed location. During the arbitration, neither party shall disclose to the arbitrator the amount of any settlement offer made by either party, until after the arbitrator determines the amount, if any, to which you or Viasat is entitled.
Appears in 2 contracts
Samples: Customer Agreement, Customer Agreement
Arbitration Rules and Forum. This Arbitration Agreement evidences a transaction in interstate commerce and is governed by the Federal Arbitration Act (“FAA”) in all respects. If for whatever reason the rules and procedures rublitreatsion aagrneedmenptsrinothce estadteuinrwehisch of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply. Before a party may initiate an arbitration proceeding, that party must send notice of an intent to initiate arbitration and certifying completion of the informal dispute resolution conference pursuant to Section 8.4(b) of this Agreement. Such notice must be signed by hand, whether by you or by a Viasat representative, and may not be signed electronically. If this notice is being sent to Viasat, it must be sent by email to the counsel who represented Viasat in the informal dispute resolution process or, if there was no such counsel, then by mail to the address on the first page of this Agreement, to the attention of the Viasat Legal Department. We will send any such notice to your billing address. The arbitration will be conducted by ADR Services, Inc. under its rules and pursuant to the terms of this Agreement. Arbitration demands filed with ADR Services, Inc. must include (a) the name, telephone number, mailing address, and e-mail address of the party seeking arbitration; (b) a statement of the legal claims being asserted and the factual bases of those claims; (c) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy, enumerated in United States Dollars (any request for injunctive relief or attorneys’ fees shall not count toward the calculation of the amount in controversy unless such injunctive relief conucntivte relitefowar seeks the payment of money); and (d) the handwritten signature of the party seeking arbitration (electronic signatures are not permitted). Each arbitration demand must also include a signed certification from you or your counsel that (a) you have complied with the pre-arbitration informal dispute negotiation requirement set forth in Section 8.4(b) of this Agreement; (b) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (c) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (d) the factual contentions have evidentiary support (or will after reasonable opportunity for further investigation or discovery). If you are represented by counsel, your counsel may participate in the arbitration, but you shall also fully participate in the arbitration. Disputes shall be subject to ADR ServicesSebritrvatiioncReulses,, Inc.’s most current version of avaIilanblce a.t ’httsps://mwwows.atdrsercviucers.crome/nsetrvicevs/earbritrsatiiono-rnulesoorf its Arbitration Rules, available at xxxxx://xxx.xxxxxxxxxxx.xxx/services/arbitration-rules or by calling ADR Services, Inc. at 000-000-0000 or by writing to the address on the first page of this Agreement to the attention of the Viasat Legal Department. The fees that shall apply to arbitrations administered by ADR Services, Inc. AabDleRat htStpes:/r/wvwwi.acdresesrv,ices.Iconmc/ra.te- are set forth on ADR Services, Inc.’s website, available at xxxxx://xxx.xxxxxxxxxxx.xxx/rate- fee-schedule/. Specifically, the fees set forth in ADR Services, Inc.’s Mass Employment Arbitration Fee Schedule shall apply when twenty (20) or more arbitration wIenntyc(2.0)’orsmoMre aarsbitsratioEn mploy claims are filed which: (a) involve the same or similar parties; (b) are based on the same or similar claims which arise from the same or substantially identical transactions, incidents, or events requiring the determination of the same or substantially identical questions of law or fact; and (c) involve the same or coordinated counsel for the parties. In all other circumstances, the fees set forth in ADR Servicesthpley, Inc.’s General Fee Schedule shall apply, except that Viasat will pay the portion exfceeptethsat Vsiaseattwill fpaoy rthetphortioin n AD of the initial case opening fees (if any) that exceeds the filing fee to file the case in a court of competent jurisdiction embracing the location of the arbitration. Payment of all filing, administration, and arbitration fees will be governed by ADR Services, Inc.’s rules. If the arbitrator finds that you cannot afford to pay ADR ar Services, Inc.’s filing, administrative, hearing, and/or other fees and cannot obtain a waiver of fees from ADR Servicesand/o., Inc., Viasat will pay them for youVriasaot twihll peayrthefm eforeysou. If ADR aIf AnDdR canno Services, Inc. is not available to arbitrate, the parties will meet and confer to discuss mutually agreeing to an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, video conference, based on written submissions, or (if and only if ADR Services, Inc. is available to do so) in person in the county where you live or at another mutually agreed location. During the arbitration, neither party shall disclose to the arbitrator the amount of any settlement offer made by either party, until after the arbitrator determines the amount, if any, to which you or Viasat is entitled.
Appears in 1 contract
Samples: Customer Agreement
Arbitration Rules and Forum. This Arbitration Agreement evidences a transaction in interstate commerce and is governed by the Federal Arbitration Act (“FAA”) in all respects. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply. Before a party may initiate an arbitration proceeding, that party must send notice of an intent to initiate arbitration and certifying completion of the informal dispute resolution conference pursuant to Section 8.4(b9.4(b) of this Agreement. Such notice must be signed by hand, whether by you or by a Viasat representative, and may not be signed electronically. If this notice is being sent to Viasat, it must be sent by email to the counsel who represented Viasat in the informal dispute resolution process or, if there was no such counsel, then by mail to the address on the first page of this Agreement, to the attention of the Viasat Legal Department. We will send any such notice to your billing address. The arbitration will be conducted by ADR Services, Inc. under its rules and pursuant to the terms of this Agreement. Arbitration demands filed with ADR Services, Inc. must include (a) the name, telephone number, mailing address, and e-mail address of the party seeking arbitration; (b) a statement of the legal claims being asserted and the factual bases of those claims; (c) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy, enumerated in United States Dollars (any request for injunctive relief or attorneys’ fees shall not count toward the calculation of the amount in controversy unless such injunctive relief seeks the payment of money); and (d) the handwritten signature of the party seeking arbitration (electronic signatures are not permitted). Each arbitration demand must also include a signed certification from you or your counsel that (a) you have complied with the pre-arbitration informal dispute negotiation requirement set forth in Section 8.4(b9.4(b) of this Agreement; (b) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (c) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (d) the factual contentions have evidentiary support (or will after reasonable opportunity for further investigation or discovery). If you are represented by counsel, your counsel may participate in the arbitration, but you shall also fully participate in the arbitration. Disputes shall be subject to ADR Services, Inc.’s most current version of its Arbitration Rules, available at xxxxx://xxx.xxxxxxxxxxx.xxx/services/arbitration-rules or by calling ADR Services, Inc. at 000-000-0000 or by writing to the address on the first page of this Agreement to the attention of the Viasat Legal Department. The fees that shall apply to arbitrations administered by ADR Services, Inc. are set forth on ADR Services, Inc.’s website, available at xxxxx://xxx.xxxxxxxxxxx.xxx/rate- fee-schedule/. Specifically, the fees set forth in ADR Services, Inc.’s Mass Employment Arbitration Fee Schedule shall apply when twenty (20) or more arbitration claims are filed which: (a) involve the same or similar parties; (b) are based on the same or similar claims which arise from the same or substantially identical transactions, incidents, or events requiring the determination of the same or substantially identical questions of law or fact; and (c) involve the same or coordinated counsel for the parties. In all other circumstances, the fees set forth in ADR Services, Inc.’s General Fee Schedule shall apply, except that Viasat will pay the portion of the initial case opening fees (if any) that exceeds the filing fee to file the case in a court of competent jurisdiction embracing the location of the arbitration. Payment of all filing, administration, and arbitration fees will be governed by ADR Services, Inc.’s rules. If the arbitrator finds that you cannot afford to pay ADR Services, Inc.’s filing, administrative, hearing, and/or other fees and cannot obtain a waiver of fees from ADR Services, Inc., Viasat will pay them for you. If ADR Services, Inc. is not available to arbitrate, the parties will meet and confer to discuss mutually agreeing to an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, video conference, based on written submissions, or (if and only if ADR Services, Inc. is available to do so) in person in the county where you live or at another mutually agreed location. During the arbitration, neither party shall disclose to the arbitrator the amount of any settlement offer made by either party, until after the arbitrator determines the amount, if any, to which you or Viasat is entitled.;
Appears in 1 contract
Samples: Customer Agreement
Arbitration Rules and Forum. This Arbitration Agreement evidences a transaction in interstate commerce and is governed by the Federal Arbitration Act (“FAA”) in all respects. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which ³)$$´ LQ DOO UHVSHFWV ,I IRU ZKDWHYHU UHDVRQ WKH UXbOitrHatVion aDgrQeeGm enStsUinRthFe HstaGteXinUwHhiVch RI you reside shall apply. Before a party may initiate an arbitration proceeding, that party must send notice of an intent to initiate arbitration and certifying completion of the informal dispute resolution conference pursuant to Section 8.4(b) of this Agreement. Such notice must be signed by hand, whether by you or by a Viasat representative, and may not be signed electronically. If this notice is being sent to Viasat, it must be sent by email to the counsel who represented Viasat in the informal dispute resolution process or, if there was no such counsel, then by mail to the address on the first page of this Agreement, to the attention of the Viasat Legal Department. We will send any such notice to your billing address. The arbitration will be conducted by ADR Services, Inc. under its rules and pursuant to the terms of this Agreement. Arbitration demands filed with ADR Services, Inc. must include (a) the name, telephone number, mailing address, and e-mail address of the party seeking arbitration; (b) a statement of the legal claims being asserted and the factual bases of those claims; (c) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy, enumerated in United States Dollars (any request for injunctive relief or attorneys’ fees shall not count toward the calculation of the amount in controversy unless such injunctive relief reTXHVW IRU LQMXQFWLYH UHOLHI RU DWWRUQH\V¶ IHHV VKDOO Qh RinjWun ctFiveRreXlieQf W WR seeks the payment of money); and (d) the handwritten signature of the party seeking arbitration (electronic signatures are not permitted). Each arbitration demand must also include a signed certification from you or your counsel that (a) you have complied with the pre-arbitration informal dispute negotiation requirement set forth in Section 8.4(b) of this Agreement; (b) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (c) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (d) the factual contentions have evidentiary support (or will after reasonable opportunity for further investigation or discovery). If you are represented by counsel, your counsel may participate in the arbitration, but you shall also fully participate in the arbitration. Disputes shall be subject to ADR Services'LVSXWHV VKDOO EH VXEMHFW WR $'5 6HbUitrYatiLonFRHulVes , Inc.’s most current version of its Arbitration Rules, available at xxxxx://xxx.xxxxxxxxxxx.xxx/services/arbitration-rules or a va,ilaQblFe a t ¶httVps ://PwwRwV.aWdrs erFviXceUs.cUomH/QseWrvi ceYs/HarbUitrVatLionR-rQule sRorI LWV by calling ADR Services, Inc. at 000-000-0000 or by writing to the address on the first page of this Agreement to the attention of the Viasat Legal Department. The fees that shall apply to arbitrations administered by ADR Services, Inc. are set forth on ADR Services, Inc.’s website, available at xxxxx://xxx.xxxxxxxxxxx.xxx/rate- IHHV WKDW VKDOO DSSO\ WR DUELWUDWLRQV DGPLQLVWHUHG E\ $ab'le5at ht6tpHs:/U/wYwwL.aFdrHseVrv ice s.,coQmF/ra te - DUH fee-schedule/. Specifically, the fees set forth in ADR Services, Inc.’s Mass Employment Arbitration Fee Schedule shall apply when twenty (20) or more arbitration schedule/ 6SHFLILFDOO\ WKH IHHV VHW IRUWK LQ $'5 6HUYLFHV ,QF(2 0)¶orVm o0re DarVbitVra tio(n PSOR\ claims are filed which: (a) involve the same or similar parties; (b) are based on the same or similar claims which arise from the same or substantially identical transactions, incidents, or events requiring the determination of the same or substantially identical questions of law or fact; and (c) involve the same or coordinated counsel for the parties. In all other circumstancesFRXQVHO IRU WKH SDUWLHV ,Q DOO RWKHU FLUFXPVWDQFHV WKplHy, the fees set forth in ADR Services, Inc.’s General Fee Schedule shall apply, except that Viasat will pay the portion exIceHptHthVat VViasHatWw ill IpaRy UtheWpKor tioLn Q $' of the initial case opening fees (if any) that exceeds the filing fee to file the case in a court of competent jurisdiction embracing the location of the arbitration. Payment of all filing, administration, and arbitration fees will be governed by ADR Services, Inc.’s rules. If the arbitrator finds that you cannot afford to pay ADR Services, Inc.’s filing, administrative, hearing, and/or other fees and cannot obtain a waiver of fees from ADR Services, Inc., Viasat will pay them for you. If ADR Services, Inc. is not available to arbitrate, the parties will meet and confer to discuss mutually agreeing to an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, video conference, based on written submissions, or (if and only if ADR Services, Inc. is available to do so) in person in the county where you live or at another mutually agreed location. During the arbitration, neither party shall disclose to the arbitrator the amount of any settlement offer made by either party, until after the arbitrator determines the amount, if any, to which you or Viasat is entitled.
Appears in 1 contract
Samples: Customer Agreement
Arbitration Rules and Forum. This Arbitration Agreement evidences a transaction in interstate commerce and is governed by the Federal Arbitration Act (“FAA”) in all respects. If for whatever reason the rules and procedures ³)$$´ LQ DOO UHVSHFWVru les a nd,xXxx ceIduRreUs of the FAA cannot apply, the state law governing ZtheKFDAWA HcaYnnHotUap pUly,HthDe VstaRteQla wWgoKveHrn ing arbitration agreements in the state in which you reside shall apply. Before a party may initiate an arbitration proceeding, that party must send notice of an intent to initiate arbitration and certifying completion of the informal dispute resolution conference pursuant to Section 8.4(b) of this Agreement. Such notice must be signed by hand, whether by you or by a Viasat representative, and may not be signed electronically. If this notice is being sent to Viasat, it must be sent by email to the counsel who represented Viasat in the informal dispute resolution process or, if there was no such counsel, then by mail to the address on the first page of this Agreement, to the attention of the Viasat Legal Department. We will send any such notice to your billing address. The arbitration will be conducted by ADR Services, Inc. under its rules and pursuant to the terms of this Agreement. Arbitration demands filed with ADR Services, Inc. must include (a) the name, telephone number, mailing address, and e-mail address of the party seeking arbitration; (b) a statement of the legal claims being asserted and the factual bases of those claims; (c) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy, enumerated in United States Dollars (any request for injunctive relief or attorneys’ fees shall not count toward the calculation of the amount in controversy unless such injunctive relief 8QLWHG 6WDWHV 'ROODUV DQ\ UHTXHVW IRU LQMXQFWLYH UHOLunHt iIn c onRtrUov erDsyWunWleRssUsuQcHh i\njuVnc¶tiv eIreHlieHf V VK seeks the payment of money); and (d) the handwritten signature of the party seeking arbitration (electronic signatures are not permitted). Each arbitration demand must also include a signed certification from you or your counsel that (a) you have complied with the pre-arbitration informal dispute negotiation requirement set forth in Section 8.4(b) of this Agreement; (b) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (c) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (d) the factual contentions have evidentiary support (or will after reasonable opportunity for further investigation or discovery). If you are represented by counsel, your counsel may participate in the arbitration, but you shall also fully participate in the arbitration. Disputes shall be subject to ADR ServicesSHUYLFHV ,QF ¶V PRVWbit raFtioXn RUuUleHs, Inc.’s most current version of its Arbitration Rules, available at xxxxx://xxx.xxxxxxxxxxx.xxx/services/arbitration-rules QavWail abYleHatUhtVtpLs:/R/wQww .aRdIrse xxXxxxXxX.xx m$/sUervices/arbitration-rules or by calling ADR Services, Inc. at 000-000-0000 or by writing to the address on the first page of this Agreement to the attention of the Viasat Legal Department. The fees that shall apply to arbitrations administered by ADR Services, Inc. are set forth on ADR Services, Inc.’s website, available at xxxxx://xxx.xxxxxxxxxxx.xxx/rate- oQ $'5 6HUYLFHV ,QF h¶ttpVs:/ /wZwHw.EadVrseLrvWicHes .co mD/raYteD- LODEO fee-schedule/. Specifically, the fees set forth in ADR Services, Inc.’s Mass Employment Arbitration Fee Schedule shall apply when twenty (20) or more arbitration schedule/ 6SHFLILFDOO\ WKH IHHV VHW oIymReUnt WArKbit raLtioQn Fe$e 'Sc5he du6leHsUhaYll aLppFlyHwVhe n tw,enQtyF(2 0)¶orVm or0e DarVbitVra tio(n PSO claims are filed which: (a) involve the same or similar parties; (b) are based on the same or similar claims which arise from the same or substantially identical transactions, incidents, or events requiring the determination of the same or substantially identical questions of law or fact; and (c) involve the same or coordinated counsel for the parties. In all other circumstancesFRXQVHO IRU WKH SDUWLHV ,Q DOO RWKHU FLUFXPalVFWeeDSQchFedHulVe s h allWapKplHy, the fees set forth in ADR Services, Inc.’s General Fee Schedule shall apply, except that Viasat will pay the portion exIceHptHthVat VViasHatWw ill IpaRy UtheWpKor tioLn Q $' of the initial case opening fees (if any) that exceeds the filing fee to file the case in a court of competent jurisdiction embracing the location of the arbitration. Payment of all filingfiliQJ DGPLQLVWUDWLRQ DQG DUELWUDWLRQ IHHV ZLOO EH JRYHnUnoQt HaffGor d tEo p\a y A$D'R5 6HUYL 6HUYLFHV ,QF ¶V ILOLQJ DGPLQLVWUDWLYH KHDULQADJR S ervDicQesG, administrationI ncR., and arbitration fees will be governed by ADR Services, Inc.’s rulesVUia saRt WwilKl pHayUth eIm HforHyVou . If the arbitrator finds that you cannot afford to pay ADR Services, Inc.’s filing, administrative, hearing, and/or other fees and cannot obtain a waiver of fees from ADR Services, Inc., Viasat will pay them for you. If ADR DIf AQDGR FDQQR Services, Inc. is not available to arbitrate, the parties will meet and confer to discuss mutually agreeing to an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, video conference, based on written submissions, or (if and only if ADR Services, Inc. is available to do so) in person in the county where you live or at another mutually agreed location. During the arbitration, neither party shall disclose to the arbitrator the amount of any settlement offer made by either party, until after the arbitrator determines the amount, if any, to which you or Viasat is entitled.
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Samples: Customer Agreement