Exclusions; Venue. Notwithstanding the agreement to resolve all disputes through arbitration, You or Wheels may bring suit in court to enjoin infringement or other misuse of intellectual property rights (including patents, copyrights, trademarks, trade secrets, and moral rights, but not including privacy rights). You or Wheels may also seek relief in small claims court for Claims or Losses within the scope of that court’s jurisdiction. In the event that the arbitration provisions above are found not to apply to You or to a particular Claim or Losses, either as a result of Your decision to opt-out of the arbitration provisions or as a result of a decision by the arbitrator or a court order, You agree that the venue for any such Claim or dispute is exclusively that of a state or federal court located in Los Angeles County, California. You and Wheels agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such Claims, Losses or any other disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement or Your use of the Services in the event that the arbitration provisions are found not to apply. In such a case, should Wheels prevail in litigation against You to enforce its rights under this Agreement, Wheels shall be entitled to its costs, expenses, and reasonable attorneys’ fees (whether incurred at or in preparation for trial, appeal or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which Wheels may be entitled.
Appears in 3 contracts
Samples: Wheels Rental Agreement, Wheels Rental Agreement, Wheels Rental Agreement
Exclusions; Venue. Notwithstanding the agreement to resolve all disputes through arbitration, You or Wheels may bring suit in court to enjoin infringement or other misuse of intellectual property rights (including patents, copyrights, trademarks, trade secrets, and moral rights, but not including privacy rights). You or Wheels may also seek relief in small claims court for Claims or Losses within the scope of that court’s jurisdiction. In the event that the arbitration provisions above are found not to apply to You or to a particular Claim or LossesClaim, either as a result of Your decision to opt-out of the arbitration provisions or as a result of a decision by the arbitrator or a court order, You agree that the venue for any such Claim or dispute is exclusively that of a state or federal court located in Los Angeles Santa Xxxxx County, California. You and Wheels agree to submit to the personal jurisdiction of the courts located within Los Angeles Santa Xxxxx County, California for the purpose of litigating all such Claims, Losses Claims or any other disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement these Terms of Use or Your use of the Services Platform in the event that the arbitration provisions are found not to apply. In such a case, should Wheels prevail in litigation against You to enforce its rights under this Agreementthe Terms of Use, Wheels shall be entitled to its costs, expenses, and reasonable attorneys’ fees (whether incurred at or in preparation for trial, appeal or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which Wheels may be entitled.
Appears in 2 contracts
Samples: Terms of Use, Terms of Use
Exclusions; Venue. Notwithstanding the agreement to resolve all disputes through arbitration, You or Wheels may bring suit in court to enjoin infringement or other misuse of intellectual property rights (including patents, copyrights, trademarks, trade secrets, and moral rights, but not including privacy rights). You or Wheels may also seek relief in small claims court for Claims or Losses within the scope of that court’s jurisdiction. In the event that the arbitration provisions above are found not to apply to You or to a particular Claim or Losses, either as a result of Your decision to opt-out of the arbitration provisions or as a result of a decision by the arbitrator or a court order, You agree that the venue for any such Claim or dispute is exclusively that of a state or federal court located in Los Angeles Santa Xxxxx County, California. You and Wheels agree to submit to the personal jurisdiction of the courts located within Los Angeles Santa Xxxxx County, California for the purpose of litigating all such Claims, Losses or any other disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement or Your use of the Services in the event that the arbitration provisions are found not to apply. In such a case, should Wheels prevail in litigation against You to enforce its rights under this Agreement, Wheels shall be entitled to its costs, expenses, and reasonable attorneys’ fees (whether incurred at or in preparation for trial, appeal or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which Wheels may be entitled.
Appears in 2 contracts
Samples: Rental Agreement, Wheels Rental Agreement
Exclusions; Venue. Notwithstanding the agreement to resolve all disputes through arbitration, You or Wheels may bring suit in court to enjoin infringement or other misuse of intellectual property rights (including patents, copyrights, trademarks, trade secrets, and moral rights, but not including privacy rights). You or Wheels may also seek relief in small claims court for Claims or Losses within the scope of that court’s jurisdiction. In the event that the arbitration provisions above are found not to apply to You or to a particular Claim or Losses, either as a result of Your decision to opt-out of the arbitration provisions or as a result of a decision by the arbitrator or a court order, You agree that the venue for any such Claim or dispute is exclusively that of a state or federal court located in Los Angeles County, California. You and Wheels agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such Claims, Losses or any other disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement or Your use of the Services Vehicle in the event that the arbitration provisions are found not to apply. In such a case, should Wheels prevail in litigation against You to enforce its rights under this Agreement, Wheels shall be entitled to its costs, expenses, and reasonable attorneys’ fees (whether incurred at or in preparation for trial, appeal or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which Wheels may be entitled.
Appears in 1 contract
Samples: Wheels Purchase Agreement