Common use of Disputes, Governing Law and Jurisdiction Clause in Contracts

Disputes, Governing Law and Jurisdiction. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. We Both Agree to Arbitrate. You agree that any claim or dispute arising out of or relating in any way to your use of the Service or any service provided by us, will be resolved solely and exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify, and except to the extent you have in any manner violated or threatened to violate any intellectual property or other proprietary rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances, we may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. What is Arbitration? Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced. Arbitration Procedures. The Federal Arbitration Act and federal arbitration law apply to this agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the following address: 0000 Xxxxxx xx xxx Xxxxx, Xxxxx 0000 Xxx Xxxxxxx, Xxxxxxxxxx 00000 XXX. Arbitration under this Agreement will be conducted by the American Arbitration Association (AAA) under its rules then in effect. If there is a conflict between AAA’s rules and the rules set forth in these Terms, the rules set forth in these Terms will govern. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden, and in such case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under this agreement shall be held in the United States in New York, New York under New York law without regard to its conflict of laws provisions. If travelling to New York, New York is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Authority of Arbitrator. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms as a court would. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA rules then in effect, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The award of the arbitrator is final and binding upon you and us. Waiver of Class Actions. You and us agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and VenewLive in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND US WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE. Choice of Law/Forum Selection. To the extent arbitration does not apply, you agree that these Terms shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules. You further expressly consent and agree that any dispute arising out of or relating to the Services, or to us, may be brought by you only in a state or federal court located in New York, New York. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN NEW YORK.

Appears in 2 contracts

Samples: Terms of Service, Terms of Service

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Disputes, Governing Law and Jurisdiction. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTSThese Terms shall be governed by the internal substantive laws of the State of California, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMSwithout respect to its conflict of laws principles. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. We Both Agree Any claim or dispute between User and CSP that relates to Arbitrate. You agree or arises in whole or in part from these Terms shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, CA, provided, that User hereby agrees that any claim or dispute arising out of or relating in any way to your these Terms or User’s use of the Service Services or any service provided by usinformation, will materials or services User obtains from CSP requires that such claim be resolved solely and exclusively by confidential binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify, and except to the extent you have in any manner violated or threatened to violate any intellectual property or other proprietary rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances, we may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in The arbitration or the informal dispute-resolution process described above. What is Arbitration? Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severedconducted before three neutral arbitrators in Los Angeles County, and CA, in accordance with the remaining arbitration terms shall be enforced. Arbitration Procedures. The Federal Arbitration Act and federal arbitration law apply to this agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the following address: 0000 Xxxxxx xx xxx Xxxxx, Xxxxx 0000 Xxx Xxxxxxx, Xxxxxxxxxx 00000 XXX. Arbitration under this Agreement will be conducted by rules of the American Arbitration Association (AAA) under its rules ”), as then in effect. If there is a conflict between AAA’s rules and the rules set forth No claims of any other parties may be joined or otherwise combined in these Terms, the rules set forth in these Terms will govern. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden, and in such case, we will pay for your portion of the arbitration administrative costs (but not your proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees). Arbitration under this agreement shall be held in the United States in New York, New York under New York law fees without regard to its conflict of laws provisions. If travelling to New York, New York which party is a burden, you may participate deemed the prevailing party in the arbitration by phone or via document submission to the fullest extent allowable by the arbitratorproceeding. Authority of Arbitrator. There is no judge or jury in arbitration, Punitive and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same consequential damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of may not be awarded under these Terms as a court would. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA rules then in effect, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is basedBECAUSE THE USE OF THE SERVICES REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, including the calculation of any damages awardedNEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdictionTHE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION. The award of the arbitrator is final and binding upon you and us. Waiver of Class Actions. You and us agree that any dispute resolution proceedings will arbitrators may be conducted only on an individual basis and not in a class, consolidated or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and VenewLive enforced in any court having jurisdiction thereof. Each party hereby consents (1) to the exclusive jurisdiction of the state or federal court courts located in a suit Los Angeles County, CA for any action (A) to vacate compel arbitration, (B) to enforce any award of the arbitrators, (C) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, or (D) to enforce an arbitration award CSP’s intellectual property rights under these Terms, and (2) for service of process in any such action by registered mail or otherwiseany other means provided by law. Should this Section be deemed invalid or otherwise unenforceable for any reason, YOU AND US WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that it shall be severed and the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE. Choice of Law/Forum Selection. To the extent arbitration does not apply, you parties agree that these Terms shall sole and exclusive jurisdiction and venue for any claims will be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules. You further expressly consent and agree that any dispute arising out of or relating to the Services, or to us, may be brought by you only in a state or federal court located courts in New YorkLos Angeles County, New York. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN NEW YORKCA.

Appears in 1 contract

Samples: csprx.com

Disputes, Governing Law and Jurisdiction. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. We Both Agree to Arbitrate. You agree that any claim or dispute arising out of or relating in any way to your use of the Service Website, App or any service provided by us, Services will be resolved solely and exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify, and except to the extent you have in any manner violated or threatened to violate any intellectual property or other proprietary rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances, we may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. What is Arbitration? Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced. Arbitration Procedures. The Federal Arbitration Act and federal arbitration law apply to this agreement. To begin an The laws of the State of New York shall govern this Agreement, and shall be used in any arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the following address: 0000 Xxxxxx xx xxx Xxxxx, Xxxxx 0000 Xxx Xxxxxxx, Xxxxxxxxxx 00000 XXX. Arbitration under this Agreement will be conducted by the American Arbitration Association (AAA) under its rules then in effect. If there is a conflict between AAA’s rules and the rules set forth in these Terms, the rules set forth in these Terms will govern. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden, and in such case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under this agreement shall be held in the United States in New York, New York under New York law without regard to its conflict of laws provisions. If travelling to New York, New York is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Authority of Arbitrator. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms this Agreement as a court would. The arbitrator shall have To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have following address 000 xxxx 00xx xxxxxx #000, Xxx Xxxx, XX 00000 Arbitration under this Agreement will be conducted by the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual American Arbitration Association (AAA) under applicable law, the AAA its rules then in effect, and the Termsshall be located in New York, NY. The Payment of all filing, administration and arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. Any judgment on the award rendered fees will be governed by the arbitrator may be entered in any court of competent jurisdiction. The award of the arbitrator is final and binding upon you and us. Waiver of Class ActionsAAA’s rules. You and us agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable If for any reason a claim proceeds in court and are subject to very limited review by a court. In the event any litigation should arise between rather than in arbitration, both you and VenewLive us agree that parties have each waived any right to a jury trial. Notwithstanding the foregoing, you agree that we may bring suit in any state court to enjoin infringement or federal court in a suit to vacate other misuse of intellectual property or enforce an arbitration award or otherwise, YOU AND US WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE. Choice of Law/Forum Selectionother proprietary rights. To the extent arbitration arbitrations does not apply, you agree that these Terms shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules. You further expressly consent and agree that any dispute arising out of or relating to the Services, or to us, may only be brought by you only in a state or federal court located in New York, New YorkNY. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN NEW YORK. POLICIES FOR CHILDREN The Website, App and Services are not directed to individuals under the age of 13, nor do they contain information which would be potentially harmful to minors. In the event that we discover that a child under the age of 13 has provided personally identifiable information to us, we will make efforts to delete the child’s information in accordance with the Children’s Online Privacy Protection Act. Please see the Federal Trade Commission’s website for (xxx.xxx.xxx) for more information. Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your internet service provider for more information.

Appears in 1 contract

Samples: Agreement

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Disputes, Governing Law and Jurisdiction. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. We Both Agree to Arbitrate. You agree that any claim or dispute arising out of or relating in any way to your use of the Service Services or any service provided by us, will be resolved solely and exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify, and except to the extent you have in any manner violated or threatened to violate any intellectual property or other proprietary rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances, we may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. What is Arbitration? Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced. Arbitration Procedures. The Federal Arbitration Act and federal arbitration law apply to this agreement. To begin an The laws of the State of New York shall govern this Agreement, and shall be used in any arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the following address: 0000 Xxxxxx xx xxx Xxxxx, Xxxxx 0000 Xxx Xxxxxxx, Xxxxxxxxxx 00000 XXX. Arbitration under this Agreement will be conducted by the American Arbitration Association (AAA) under its rules then in effect. If there is a conflict between AAA’s rules and the rules set forth in these Terms, the rules set forth in these Terms will govern. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden, and in such case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under this agreement shall be held in the United States in New York, New York under New York law without regard to its conflict of laws provisions. If travelling to New York, New York is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Authority of Arbitrator. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms this Agreement as a court would. The arbitrator shall have To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have following address: Datalogue, Inc., 000 Xxxx Xxx Xxxxx, Xxxxx 0, Xxx Xxxx, XX 00000 Arbitration under this Agreement will be conducted by the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual American Arbitration Association (AAA) under applicable law, the AAA its rules then in effect. Payment of all filing, administration and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. Any judgment on the award rendered fees will be governed by the arbitrator may be entered in any court of competent jurisdiction. The award of the arbitrator is final and binding upon you and us. Waiver of Class ActionsAAA’s rules. You and us agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable If for any reason a claim proceeds in court and are subject to very limited review by a court. In the event any litigation should arise between rather than in arbitration, both you and VenewLive us agree that parties have each waived any right to a jury trial. Notwithstanding the foregoing, you agree that we may bring suit in any state court to enjoin infringement or federal court in a suit to vacate other misuse of intellectual property or enforce an arbitration award or otherwise, YOU AND US WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE. Choice of Law/Forum Selectionother proprietary rights. To the extent arbitration arbitrations does not apply, you agree that these Terms shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules. You further expressly consent and agree that any dispute arising out of or relating to the Services, or to us, may only be brought by you only in a state or federal court located in New York, New York. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN NEW YORK.

Appears in 1 contract

Samples: assets.website-files.com

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