Common use of Governing Law and Forum for Disputes Clause in Contracts

Governing Law and Forum for Disputes. This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Francisco County, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California. Use of SavvyMoney's Website and the Program are not authorized in any jurisdiction that does not give effect to all provisions of this Agreement (including without limitation, this section). You understand that, in return for agreement to this provision, SavvyMoney is able to offer the Program at the terms designated, and that Your assent to this provision is an indispensable consideration to this Agreement. You also acknowledge and understand that, with respect to any dispute with SavvyMoney, its officers, directors, employees, agents or affiliates, arising out of or relating to Your use of the Program or this Agreement: YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A REGISTERED USER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE. Digital Millennium Copyright Act Notice If You believe that Your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Site, please notify SavvyMoney, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For Your complaint to be valid under the DMCA, You must provide the following information in writing: An electronic or physical signature of a person authorized to act on behalf of the copyright owner; Identification of the copyrighted work that You claim is being infringed; Identification of the material that is claimed to be infringing and where it is located on the Site; Information reasonably sufficient to permit SavvyMoney to contact You, such as Your address, telephone number, and e-mail address; A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and A statement, made under penalty of xxxxxxx, that the above information is accurate, and that You are the copyright owner or are authorized to act on behalf of the owner. The above information must be submitted to: SavvyMoney, Inc. 0000 Xxxxxxxxxx Xxxx Xx Xxxxx 000 Pleasanton CA 94588 or sent to xxxxxxxxx@xxxxxxxxxx.xxx

Governing Law and Forum for Disputes. This Agreement Agreement, and your relationship with MDG under this Agreement, shall be governed by and construed in accordance with the laws of the State of California, excluding Delaware without regard to its conflicts conflict or choice of law rules, and the United States of Americaprovisions. Any dispute with MDG, or its officers, directors, employees, agents or affiliates, arising from under or relating in relation to the subject matter of this Agreement shall be finally settled by arbitration in San Francisco County, California, using resolved exclusively through the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a small-claims court of proper jurisdiction for the Superior Court of Delaware, except with respect to imminent harm requiring temporary or preliminary injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California. Use of SavvyMoney's Website and the Program are not authorized which case MDG may seek such relief in any court with jurisdiction that does not give effect to all provisions of this Agreement (including without limitation, this section)over the parties. You understand that, in return for agreement to this provision, SavvyMoney MDG is able to offer the Program service at the terms designated, designated and that Your your assent to this provision is an indispensable consideration to this Agreement. You also acknowledge and understand that, with respect to any dispute with SavvyMoneyMDG, its officers, directors, employees, agents or affiliates, arising out of or relating to Your your use of the Program service or this Agreement: YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND and YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A REGISTERED USER MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE. Digital Millennium Copyright Act Notice If You believe that Your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Site, please notify SavvyMoney, as set forth in the Digital Millennium Copyright Act ANY CLAIM ARISING IN ANY WAY OUT OF THIS AGREEMENT WILL BE GOVERNED BY DELAWARE LAW. EITHER YOU OR MDG MAY ELECT THAT ANY SUCH CLAIM BE RESOLVED SOLELY BY BINDING ARBITRATION UNDER THE RULES AND PROCEDURES OF THE AMERICAN ARBITRATION ASSOCIATION. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS-ACTION BASIS (not applicable to residents of 1998 (DMCACanada). For Your complaint to be valid under the DMCA, You must provide the following information in writing: An electronic or physical signature of a person authorized to act on behalf of the copyright owner; Identification of the copyrighted work that You claim is being infringed; Identification of the material that is claimed to be infringing and where it is located on the Site; Information reasonably sufficient to permit SavvyMoney to contact You, such as Your address, telephone number, and e-mail address; A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and A statement, made under penalty of xxxxxxx, that the above information is accurate, and that You are the copyright owner or are authorized to act on behalf of the owner. The above information must be submitted to: SavvyMoney, Inc. 0000 Xxxxxxxxxx Xxxx Xx Xxxxx 000 Pleasanton CA 94588 or sent to xxxxxxxxx@xxxxxxxxxx.xxx.

Governing Law and Forum for Disputes. This Agreement shall be governed by and construed interpreted in accordance with the laws of the State of CaliforniaTexas. The parties agree that any dispute arising hereunder shall be subject to final and binding arbitration conducted pursuant to the rules of the American Arbitration Association and the arbitration shall take place in Austin, excluding its conflicts Texas; provided that following a Change of law rulesControl, either party may, at their discretion, seek to resolve a dispute arising hereunder through arbitration, as described above, or by filing suit subject to the jurisdiction and venue provisions described below. The parties further agree that all disputes and/or proceedings which are not subject to final and binding arbitration or to enforce the results of such arbitration shall be submitted to the District Court of Xxxxxx County, Texas, which shall have exclusive jurisdiction and venue of any such dispute and/or proceeding and, also, shall have jurisdiction to enter any and all equitable relief ancillary to any such proceeding. The Executive acknowledges that a material portion of the business of the Company is conducted in Texas, and the United States of America. Any dispute arising from or relating consents to the subject matter jurisdiction of, and service of this Agreement shall be finally settled by arbitration in San Francisco Countyprocess by, California, using the English language in accordance with the Arbitration Rules such court. Executive understands and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in agrees that the arbitration shall be entitled instead of any jury trial and that the arbitrator's decision shall be final and binding to receive reimbursement the fullest extent permitted by law and enforceable by any court having jurisdiction thereof. Each party will split the cost of the arbitration filing and hearing fees, and the cost of the arbitrator; each side will bear its reasonable expenses (including reasonable own attorneys' fees; that is, expert witness the arbitrator will not have authority to award attorneys' fees and all other expenses) incurred UNLESS a statutory section at issue in connection therewith. Judgment upon the dispute authorizes the award so rendered may be entered of attorneys' fees to the prevailing party, in a court having jurisdiction which case the arbitrator has authority to make such award as permitted by the statute in question. The only claims or application may be made disputes not covered by this paragraph are disputes related to such court (i) claims for judicial acceptance benefits under the unemployment insurance or workers' compensation laws, and (ii) issues affecting the validity, infringement or enforceability of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive trade secret or other equitable relief pending a final decision patent rights held or sought by the arbitrator. For all purposes Company or which the Company could otherwise seek and (iii) issues pertaining to the validity, enforceability or breach Sections 6 or 8 of this Agreement, the parties consent to exclusive jurisdiction and venue ; in the United States Federal Courts located in the Northern District of California. Use of SavvyMoney's Website foregoing cases such claims or disputes shall not be subject to arbitration and the Program are not authorized in any jurisdiction that does not give effect will be resolved pursuant to all provisions of this Agreement (including without limitation, this section). You understand that, in return for agreement to this provision, SavvyMoney is able to offer the Program at the terms designated, and that Your assent to this provision is an indispensable consideration to this Agreement. You also acknowledge and understand that, with respect to any dispute with SavvyMoney, its officers, directors, employees, agents or affiliates, arising out of or relating to Your use of the Program or this Agreement: YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A REGISTERED USER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE. Digital Millennium Copyright Act Notice If You believe that Your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Site, please notify SavvyMoney, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For Your complaint to be valid under the DMCA, You must provide the following information in writing: An electronic or physical signature of a person authorized to act on behalf of the copyright owner; Identification of the copyrighted work that You claim is being infringed; Identification of the material that is claimed to be infringing and where it is located on the Site; Information reasonably sufficient to permit SavvyMoney to contact You, such as Your address, telephone number, and e-mail address; A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or applicable law; and A statement, made under penalty of xxxxxxx, that the above information is accurate, and that You are the copyright owner or are authorized to act on behalf of the owner. The above information must be submitted to: SavvyMoney, Inc. 0000 Xxxxxxxxxx Xxxx Xx Xxxxx 000 Pleasanton CA 94588 or sent to xxxxxxxxx@xxxxxxxxxx.xxx.

Governing Law and Forum for Disputes. This Agreement TOS shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of this Agreement TOS shall be finally settled by arbitration in San Francisco County, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("“JAMS"“) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this AgreementTOS, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California and the state courts located in San Francisco County, California. Use of SavvyMoney's Website and the Program are not authorized in any jurisdiction that does not give effect to all provisions of this Agreement TOS (including without limitation, this section). You understand that, in return for agreement to this provision, SavvyMoney is able to offer the Website and Program at the terms designatedset forth in this TOS, and that Your assent to this provision is an indispensable consideration to this AgreementTOS. You also acknowledge and understand that, this provision governs with respect to any dispute with SavvyMoney, its officers, directors, employees, agents or affiliates, arising out of or relating to Your use of the Website or Program or arising from this Agreement: TOS. YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A REGISTERED USER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE. Digital Millennium Copyright Act Notice If You believe that Your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Site, please notify SavvyMoney, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For Your complaint to be valid under the DMCA, You must provide the following information in writing: An electronic or physical signature of a person authorized to act on behalf of the copyright owner; Identification of the copyrighted work that You claim is being infringed; Identification of the material that is claimed to be infringing and where it is located on the Site; Information reasonably sufficient to permit SavvyMoney to contact You, such as Your address, telephone number, and e-mail address; A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and A statement, made under penalty of xxxxxxx, that the above information is accurate, and that You are the copyright owner or are authorized to act on behalf of the owner. The above information must be submitted to: SavvyMoney, Inc. 0000 Xxxxxxxxxx Xxxx Xx Xxxxx 000 Pleasanton CA 94588 or sent to xxxxxxxxx@xxxxxxxxxx.xxx.

Governing Law and Forum for Disputes. This Agreement shall be governed by and construed interpreted in accordance with the laws of the State of CaliforniaTexas. The parties agree that any dispute arising hereunder shall be subject to final and binding arbitration conducted pursuant to the rules of the American Arbitration Association and the arbitration shall take place in Austin, excluding its conflicts Texas; provided that following a Change of law rulesControl, either party may, at their discretion, seek to resolve a dispute arising hereunder through arbitration, as described above, or by filing suit subject to the jurisdiction and venue provisions described below. The parties further agree that all disputes and/or proceedings which are not subject to final and binding arbitration or to enforce the results of such arbitration shall be submitted to the District Court of Xxxxxx County, Texas, which shall have exclusive jurisdiction and venue of any such dispute and/or proceeding and, also, shall have jurisdiction to enter any and all equitable relief ancillary to any such proceeding. The Executive acknowledges that a material portion of the business of the Company is conducted in Texas, and the United States of America. Any dispute arising from or relating consents to the subject matter jurisdiction of, and service of this Agreement shall be finally settled by arbitration in San Francisco Countyprocess by, California, using the English language in accordance with the Arbitration Rules such court. Executive understands and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in agrees that the arbitration shall be entitled instead of any jury trial ------------------------------------------------ [*] Indicates that material has been omitted and confidential treatment requested therefor. All such material has been filed separately with the Commission pursuant to receive reimbursement Rule 406. 13 CONFIDENTIAL TREATMENT REQUESTED UNDER 17 C.F.R. SECTIONS 200.83 AND 230.496 and that the arbitrator's decision shall be final and binding to the fullest extent permitted by law and enforceable by any court having jurisdiction thereof. Each party will split the cost of the arbitration filing and hearing fees, and the cost of the arbitrator; each side will bear its reasonable expenses (including reasonable own attorneys' fees; that is, expert witness the arbitrator will not have authority to award attorneys' fees and all other expenses) incurred UNLESS a statutory section at issue in connection therewith. Judgment upon the dispute authorizes the award so rendered may be entered of attorneys' fees to the prevailing party, in a court having jurisdiction which case the arbitrator has authority to make such award as permitted by the statute in question. The only claims or application may be made disputes not covered by this paragraph are disputes related to such court (i) claims for judicial acceptance benefits under the unemployment insurance or workers' compensation laws, and (ii) issues affecting the validity, infringement or enforceability of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive trade secret or other equitable relief pending a final decision patent rights held or sought by the arbitrator. For all purposes Company or which the Company could otherwise seek and (iii) issues pertaining to the validity, enforceability or breach of Sections 6 or 8 of this Agreement, the parties consent to exclusive jurisdiction and venue ; in the United States Federal Courts located in the Northern District of California. Use of SavvyMoney's Website foregoing cases such claims or disputes shall not be subject to arbitration and the Program are not authorized in any jurisdiction that does not give effect will be resolved pursuant to all provisions of this Agreement (including without limitation, this section). You understand that, in return for agreement to this provision, SavvyMoney is able to offer the Program at the terms designated, and that Your assent to this provision is an indispensable consideration to this Agreement. You also acknowledge and understand that, with respect to any dispute with SavvyMoney, its officers, directors, employees, agents or affiliates, arising out of or relating to Your use of the Program or this Agreement: YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A REGISTERED USER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE. Digital Millennium Copyright Act Notice If You believe that Your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Site, please notify SavvyMoney, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For Your complaint to be valid under the DMCA, You must provide the following information in writing: An electronic or physical signature of a person authorized to act on behalf of the copyright owner; Identification of the copyrighted work that You claim is being infringed; Identification of the material that is claimed to be infringing and where it is located on the Site; Information reasonably sufficient to permit SavvyMoney to contact You, such as Your address, telephone number, and e-mail address; A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or applicable law; and A statement, made under penalty of xxxxxxx, that the above information is accurate, and that You are the copyright owner or are authorized to act on behalf of the owner. The above information must be submitted to: SavvyMoney, Inc. 0000 Xxxxxxxxxx Xxxx Xx Xxxxx 000 Pleasanton CA 94588 or sent to xxxxxxxxx@xxxxxxxxxx.xxx.