Common use of Exceptions to Informal Negotiations and Arbitration Clause in Contracts

Exceptions to Informal Negotiations and Arbitration. The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Appears in 29 contracts

Samples: License Agreement, Terms of Service, User Agreement

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Exceptions to Informal Negotiations and Arbitration. The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Appears in 26 contracts

Samples: Terms and Conditions, Terms and Conditions, Terms of Use

Exceptions to Informal Negotiations and Arbitration. The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized unauthorised use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Appears in 10 contracts

Samples: Standard Terms and Conditions, Terms of Use, Legal Terms Agreement

Exceptions to Informal Negotiations and Arbitration. The Parties agree that the following Disputes are not subject to the above provisions concerning provisionsconcerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce toenforce or protect, or concerning the validity of, any of the intellectual property rights of rightsof a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, ,invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision thisprovision is found to be illegal or unenforceable, then neither Party will elect to arbitrate toarbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable orunenforceable and such Dispute shall be decided by a court of competent jurisdiction within jurisdictionwithin the courts listed for jurisdiction above, and the Parties agree to submit to the personal thepersonal jurisdiction of that court.

Appears in 2 contracts

Samples: Terms of Use, Terms of Use

Exceptions to Informal Negotiations and Arbitration. The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Appears in 1 contract

Samples: Terms of Use

Exceptions to Informal Negotiations and Arbitration. The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: : (ai) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; ; (bii) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized unauthorised use; and and (ciii) any claim for injunctive injunctive/interim relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Appears in 1 contract

Samples: End User License Agreement (Eula)

Exceptions to Informal Negotiations and Arbitration. The fie Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of thefttheG, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceableunenforce- able, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Appears in 1 contract

Samples: Terms of Use

Exceptions to Informal Negotiations and Arbitration. The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; : (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; : and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Appears in 1 contract

Samples: Terms of Service

Exceptions to Informal Negotiations and Arbitration. The Parties agree that the following Disputes are not subject to the above provisions concerning provisionsconcerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of rightsof a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within jurisdictionwithin the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Appears in 1 contract

Samples: Terms and Conditions

Exceptions to Informal Negotiations and Arbitration. The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction jurisdictio n above, and the Parties agree to submit to the personal jurisdiction of that court.

Appears in 1 contract

Samples: Terms of Service

Exceptions to Informal Negotiations and Arbitration. 1. The Parties parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any • Any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Party • Any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any use • Any claim for injunctive relief 2. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Appears in 1 contract

Samples: Terms of Use Agreement

Exceptions to Informal Negotiations and Arbitration. 12.4.1 The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, or invasion of privacy, or unauthorized use; and (cb) any claim for injunctive relief. . 12.4.2 If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Appears in 1 contract

Samples: Consulting Services Agreement

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Exceptions to Informal Negotiations and Arbitration. The Parties parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes Dispute seeking to enforce or protect, or concerning the validity of, of any of the intellectual property rights right of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling failing within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Appears in 1 contract

Samples: Terms of Use

Exceptions to Informal Negotiations and Arbitration. The Parties parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations allegation of theft, piracy, invasion of privacy, or unauthorized unauthorised use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within withing that portion of this provision found to be illegal or and unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Appears in 1 contract

Samples: Terms and Conditions

Exceptions to Informal Negotiations and Arbitration. The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and any such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Appears in 1 contract

Samples: Terms and Conditions

Exceptions to Informal Negotiations and Arbitration. The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Partyparty; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party party will elect to arbitrate any Dispute falling within that portion of this provision provision, found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Appears in 1 contract

Samples: Terms of Service Agreement

Exceptions to Informal Negotiations and Arbitration. The Parties parties agree that the following Disputes disputes are not subject to the above provisions concerning regarding informal negotiations negotiation and binding arbitration: (a) any Disputes dispute seeking to enforce or protectprotect a party's intellectual property rights, or concerning disputes involving the validity of, any of the a party's intellectual property rights of a Party; rights, (b) ) any Dispute disputes related to, to or arising from, out of allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim claims for injunctive reliefrelief . If this provision is found these Terms are held to be illegal or unlawful and unenforceable, then neither Party will party shall elect to arbitrate any Dispute falling within dispute that falls under the portion of this provision found these Terms that is held to be illegal unlawful or unenforceable unenforceable, and such Dispute disputes shall be decided by a brought before the courts or jurisdictions identified above. A court of competent jurisdiction within determines that the courts listed for jurisdiction above, and the Parties parties agree to submit to the personal jurisdiction of that courtcourt .

Appears in 1 contract

Samples: Terms of Service

Exceptions to Informal Negotiations and Arbitration. The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized unauthorised use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts cour ts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Appears in 1 contract

Samples: Terms and Conditions

Exceptions to Informal Negotiations and Arbitration. The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) } any Dispute related to, or arising from, allegations of theft, piracy, invasion Invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to lo be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Appears in 1 contract

Samples: Subscription Agreement

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