Common use of Dispute Resolution and Binding Arbitration Clause in Contracts

Dispute Resolution and Binding Arbitration. It is important that you read this entire section carefully. This section provides for resolution of disputes through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. Arbitration. Crexendo, its parent company, affiliates, assigns and successors and you agree to arbitrate any and all disputes and claims between you and Crexendo. You specifically waive any right to a trial by Jury or by Court. Arbitration includes all right in law or equity including but not limited to: disputes and claims arising out of or relating to any aspect of the relationship between you and Crexendo , fraud, misrepresentation or any other legal theory; disputes and claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); disputes and claims that may arise after the termination of this agreement; disputes and claims that are currently the subject of individual litigation; disputes and claims which may be raised in class action litigation whether or not you are or waive your right to be a member of a certified class; and disputes and claims concerning the scope of this arbitration provision. References to "Crexendo ," "us" and "you" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of the service under this agreement or any prior agreements between you and Crexendo . The arbitration shall be administered by the American Arbitration Association ("AAA"). The arbitration shall be governed by the AAA's Commercial Dispute Resolution Procedures. Rules are Crexendo at xxx.xxx.xxx or by calling the AAA at 1-800-778- 7879. Unless you and Crexendo mutually agree otherwise, all hearings conducted as part of the arbitration shall take place at a location no further than 250 miles from the address where the Crexendo services were contracted.

Dispute Resolution and Binding Arbitration. It is important that you You read this entire section carefully. This section provides for resolution of disputes through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. Arbitration. Crexendo. 13.1 Before initiating or participating in any legal action, its parent companyarbitration or other resolution proceeding concerning any aspect of this Agreement or Services, affiliates, assigns You must notify Voice Services in writing of such a dispute and successors and you agree give Voice Services at least sixty (60) days (from the date written notice is given) to arbitrate any and all disputes and claims between you and Crexendoresolve the dispute. You specifically waive and Voice Services will first attempt in good faith to resolve through negotiation any right to a trial by Jury dispute, claim or by Court. Arbitration includes all right in law or equity including but not limited to: disputes and claims controversy arising out of or relating to this Agreement. 13.2 If Your dispute is not resolved by good faith negotiations, You have the right to take any aspect dispute that qualifies to small claims court rather than arbitration, or to a state or federal regulatory agency. You and Voice Services agree that all of the relationship between you and Crexendo Your other disputes arising out of or related to this Agreement (whether based in contract, tort, statute, fraud, misrepresentation or any other legal or equitable theory; disputes ) must be resolved by final and binding arbitration. This includes any dispute based on any Service or matter having a connection with this Agreement and any dispute not finally resolved by a small claims that arose before court or state or federal regulatory agency. 13.3 The arbitration process established by this or any prior agreement section is governed by the Federal Arbitration Act (including"FAA"), but not limited to, claims relating to advertising); disputes and claims that may arise after the termination of this agreement; disputes and claims that are currently the subject of individual litigation; disputes and claims which may be raised in class action litigation whether or not you are or waive your right to be a member of a certified class; and disputes and claims concerning the scope of this arbitration provision. References to "Crexendo ," "us" and "you" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of the service under this agreement or any prior agreements between you and Crexendo 9 U.S.C. § 1 et seq. The arbitration shall of any dispute will be administered by conducted in accordance with the American Arbitration Association Association's ("AAA"). The arbitration shall be governed ) Supplementary Procedures for Consumer-Related Disputes, as modified by this Agreement, which are in effect on the date a dispute is submitted to the AAA's Commercial Dispute Resolution Procedures. Rules are Crexendo at xxx.xxx.xxx In conducting the arbitration and making any award, the arbitrator will be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms. 13.4 The arbitrator will have no authority to award consequential, incidental, punitive, or exemplary damages barred by calling this Agreement, and You expressly waive Your rights to any such damages. To the AAA at 1-800-778- 7879extent such damages may not be so waived, if an arbitrator decides to award such damages they will be limited to the total amount of Service charges between You and Voice Services. Unless you and Crexendo mutually agree applicable substantive law provides otherwise, all hearings conducted each party pays its own expenses to participate in the arbitration, including attorneys’ fees and expenses for witnesses and production and presentation of evidence. 13.5 Arbitrations under this Agreement will be confidential as part permitted by federal law. 13.6 EACH DISPUTE WILL BE DECIDED ON AN INDIVIDUAL CASE BASIS AND WILL NOT BE CONSOLIDATED IN ANY ACTION WITH THE DISPUTES OR CLAIMS OF OTHER CONSUMERS OR CUSTOMERS. YOU AGREE THAT YOU WILL NOT BRING ANY DISPUTE OR CLAIM AS A CLASS ACTION OR AS A PRIVATE ATTORNEY GENERAL, AND YOU AGREE NOT TO ACT AS A CLASS REPRESENTATIVE OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS WITH RESPECT TO ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT OR THE SERVICES PROVIDED BY VOICE SERVICES. WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, THE YOU AND VOICE SERVICES AGREE TO WAIVE ANY RIGHT TO JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES UNDER THIS AGREEMENT. 13.7 If any portion of this dispute resolution section is determined to be unenforceable, then the arbitration shall take place at a location no further than 250 miles from the address where the Crexendo services were contractedremainder will be given full force and effect.

Dispute Resolution and Binding Arbitration. It is important that you read this entire section carefully. This section provides for resolution of disputes through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. Arbitration. Crexendo, its parent company, affiliates, assigns and successors and you agree to arbitrate any and all disputes and claims between you and Crexendo. You specifically waive any right to a trial by Jury or by Court. Arbitration includes all right in law or equity including but not limited to: disputes and claims arising out of or relating to any aspect of the relationship between you and Crexendo Crexendo, fraud, misrepresentation or any other legal theory; disputes and claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); disputes and claims that may arise after the termination of this agreement; disputes and claims that are currently the subject of individual litigation; disputes and claims which may be raised in class action litigation whether or not you are or waive your right to be a member of a certified class; and disputes and claims concerning the scope of this arbitration provision. References to "Crexendo ," "us" and "you" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of the service under this agreement or any prior agreements between you and Crexendo . The arbitration shall be administered by the American Arbitration Association ("AAA"). The arbitration shall be governed by the AAA's Commercial Dispute Resolution Procedures. Those Rules are Crexendo may be found at xxx.xxx.xxx or by calling the AAA at 10-800000-778- 7879000-0000. Unless you and Crexendo mutually agree otherwise, all hearings conducted as part of the arbitration shall take place at a location no further than 250 miles from the address where the Crexendo services were contracted.

Dispute Resolution and Binding Arbitration. It is important that you You read this entire section carefully. This section provides for resolution of disputes through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. Arbitration. Crexendo. 13.1 Before initiating or participating in any legal action, its parent companyarbitration or other resolution proceeding concerning any aspect of this Agreement or Services, affiliates, assigns You must notify Intermedia Voice in writing of such a dispute and successors and you agree give Intermedia Voice at least sixty (60) days (from the date written notice is given) to arbitrate any and all disputes and claims between you and Crexendoresolve the dispute. You specifically waive and Intermedia Voice will first attempt in good faith to resolve through negotiation any right to a trial by Jury dispute, claim or by Court. Arbitration includes all right in law or equity including but not limited to: disputes and claims controversy arising out of or relating to this Agreement. 13.2 If Your dispute is not resolved by good faith negotiations, You have the right to take any aspect dispute that qualifies to small claims court rather than arbitration, or to a state or federal regulatory agency. You and Intermedia Voice agree that all of the relationship between you and Crexendo Your other disputes arising out of or related to this Agreement (whether based in contract, tort, statute, fraud, misrepresentation or any other legal or equitable theory; disputes ) must be resolved by final and binding arbitration. This includes any dispute based on any Service or matter having a connection with this Agreement and any dispute not finally resolved by a small claims that arose before court or state or federal regulatory agency. 13.3 The arbitration process established by this or any prior agreement section is governed by the Federal Arbitration Act (including"FAA"), but not limited to, claims relating to advertising); disputes and claims that may arise after the termination of this agreement; disputes and claims that are currently the subject of individual litigation; disputes and claims which may be raised in class action litigation whether or not you are or waive your right to be a member of a certified class; and disputes and claims concerning the scope of this arbitration provision. References to "Crexendo ," "us" and "you" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of the service under this agreement or any prior agreements between you and Crexendo 9 U.S.C. § 1 et seq. The arbitration shall of any dispute will be administered by conducted in accordance with the American Arbitration Association Association's ("AAA"). The arbitration shall be governed ) Supplementary Procedures for Consumer-Related Disputes, as modified by this Agreement, which are in effect on the date a dispute is submitted to the AAA's Commercial Dispute Resolution Procedures. Rules are Crexendo at xxx.xxx.xxx In conducting the arbitration and making any award, the arbitrator will be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms. 13.4 The arbitrator will have no authority to award consequential, incidental, punitive, or exemplary damages barred by calling this Agreement, and You expressly waive Your rights to any such damages. To the AAA at 1-800-778- 7879extent such damages may not be so waived, if an arbitrator decides to award such damages they will be limited to the total amount of Service charges between You and Intermedia Voice. Unless you and Crexendo mutually agree applicable substantive law provides otherwise, all hearings conducted each party pays its own expenses to participate in the arbitration, including attorneys’ fees and expenses for witnesses and production and presentation of evidence. 13.5 Arbitrations under this Agreement will be confidential as part permitted by federal law. 13.6 EACH DISPUTE WILL BE DECIDED ON AN INDIVIDUAL CASE BASIS AND WILL NOT BE CONSOLIDATED IN ANY ACTION WITH THE DISPUTES OR CLAIMS OF OTHER CONSUMERS OR CUSTOMERS. YOU AGREE THAT YOU WILL NOT BRING ANY DISPUTE OR CLAIM AS A CLASS ACTION OR AS A PRIVATE ATTORNEY GENERAL, AND YOU AGREE NOT TO ACT AS A CLASS REPRESENTATIVE OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS WITH RESPECT TO ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT OR THE SERVICES PROVIDED BY INTERMEDIA VOICE. WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, THE YOU AND INTERMEDIA VOICE AGREE TO WAIVE ANY RIGHT TO JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES UNDER THIS AGREEMENT. 13.7 If any portion of this dispute resolution section is determined to be unenforceable, then the arbitration shall take place at a location no further than 250 miles from the address where the Crexendo services were contractedremainder will be given full force and effect.