Dispute Resolution – Arbitration & Class Action Waiver. PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND FORMALLY CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND FORMALLY TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. You agree that, in the event any dispute or claim arises out of or relating to your use of the Services, you will contact us at xxxxxxx@xxxxxxxx.xx and you and Formally will attempt in good faith to negotiate a written resolution of the matter directly. You agree that if the matter remains unresolved for 30 days after notification (via certified mail or personal delivery), such matter will be deemed a “Dispute” as defined below. Except for the right to seek injunctive or other equitable relief described under the “Binding Arbitration” section below, should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys' fees, even if you may have been entitled to them otherwise. Binding Arbitration. You and Formally agree that any dispute, claim or controversy arising out of or relating to this Agreement or to your use of the Services (collectively “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. This means that you and Xxxxxxxx both agree to waive the right to a trial by jury. Notwithstanding the foregoing, you may bring a claim against Formally in “small claims” court, instead of by arbitration, but only if the claim is eligible under the rules of the small claims court and is brought in an individual, non- class, and non-representative basis, and only for so long as it remains in the small claims court and in an individual, non-class, and non-representative basis.
Dispute Resolution – Arbitration & Class Action Waiver. (a) Except for Excluded Claims (defined below), Customer and Company agree that any and all claims between them arising out of or related to this Agreement, whether based in contract, law or equity or alleging any other legal theory, or arising in connection with or after the termination of this Agreement, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules with a single arbitrator, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. (b) Customer and Company agree that under no circumstances, whether in arbitration or otherwise, may Customer bring any claim against Company, or allow any claim that Customer may have against Company to be asserted, as part of a class action, on a consolidated or representative basis or otherwise aggregated with claims brought by, or on behalf of, any other entity or person, including other customers of Company or its parent or corporate affiliates.
(c) The following claims constitute “Excluded Claims” and are not subject to mandatory binding arbitration: (i) either party’s claims against the other in connection with bodily injury or real property damage; (ii) claims for indemnity pursuant to the Indemnification Section of this Agreement; and (iii) Company’s claims against Customer for collection or payment of Charges, damages (liquidated or otherwise), or any other amounts due or payable to Company by Customer under this Agreement.
Dispute Resolution – Arbitration & Class Action Waiver. 15.1. PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND THRONE CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND THRONE TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.
15.2. You agree that, in the event any dispute or claim arises out of or relating to your use of the Services, you will contact us at xxxxx@xxxxxxxxxx.xxx and you and Throne will attempt in good faith to negotiate a written resolution of the matter directly. You agree that if the matter remains unresolved for 30 days after notification (via certified mail or personal delivery), such matter will be deemed a “Dis- pute” as defined below. Except for the right to seek injunctive or other equitable relief described under the “Binding Arbitration” section below, should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys' fees, even if you may have been entitled to them otherwise.
Dispute Resolution – Arbitration & Class Action Waiver. YOU HAVE THE RIGHT TO OPT OUT OF THIS DISPUTE RESOLUTION PROVISION (EXCEPT ITS JURY TRIAL WAIVER) WITHIN 30 DAYS OF THE DATE YOUR SERVICE BEGINS, IF YOU FOLLOW THE PROCEDURES SET FORTH BELOW. IF YOU SO OPT OUT, THE SOLE VENUE FOR ANY ACTION UNDER THIS AGREEMENT OR ANY CLAIM ARISING, DIRECTLY OR INDIRECTLY, OUT OF THIS AGREEMENT OR THE SERVICES AT ISSUE IS IN THE STATE OR FEDERAL COURTS LOCATED IN XXXXX COUNTY, OHIO, AND THE PARTIES EXPRESSLY AGREE TO THE EXERCISE OF PERSONAL JURISDICTION IN THOSE COURTS. OTHERWISE, YOU WILL BE BOUND TO SETTLE ANY DISPUTES YOU MAY HAVE WITH BUCKEYE THROUGH THE FOLLOWING DISPUTE RESOLUTION PROCEDURES.
a. You and Buckeye agree to arbitrate rather than litigate in court any and all claims or disputes between us (including any parents, subsidiaries, affiliates, officers, directors, employees, or agents of Buckeye) that arise out of or in any way relate to: (1) this Agreement; (2) Services that Buckeye provides to you in connection with this Agreement; (3) Equipment or Software that Buckeye makes available to you; (4) bills that Buckeye sends to you or amounts that Buckeye charges you for services or goods provided under this Agreement; and
Dispute Resolution – Arbitration & Class Action Waiver a. This Section sets forth the procedure for resolving any disputes related to the Agreement ("Dispute"). Unless otherwise agreed to in writing, the Parties agree to continue to perform each Party's respective obligations under this Agreement during the course of the resolution of the Dispute. In any instance in which you claim deficiency in the Solar System’s installation or performance, you will allow us to visually inspect the Solar System and obtain or download pertinent performance data from the Solar System.
Dispute Resolution – Arbitration & Class Action Waiver. You agree to resolve any dispute or claim arising out of or relating to these Terms of Service or any aspect of the relationship between you and CSP, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, through final and binding arbitration (“Arbitration Agreement”) before a neutral arbitrator instead of in a court by a judge or jury and you agree that CSP and you and CSP are each waiving the right to trial by a jury. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules (“Rules), supplemented by Consumer Arbitration Rules as necessary, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Arbitration fees and your share of arbitrator compensation shall be governed by the Rules. AAA may be contacted at xxx.xxx.xxx, where the Rules and a form to initiate arbitration are available. We agree 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.
