Governing Law and Rules. This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of Arizona, exclusive of conflict or choice of law rules. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to this Agreement, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement.
Appears in 2 contracts
Samples: Terms of Use, Terms of Use
Governing Law and Rules. This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of Arizonathe State of Nevada, exclusive of conflict or choice of law rules. The parties acknowledge that this Agreement evidences these Terms evidence a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph foregoing with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement these Terms shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to this Agreementthese Terms, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this Agreementthese Terms, the arbitrator may not award any incidental, indirect indirect, or consequential damages, including damages for lost profits. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreementthese Terms) with respect to any final award in an arbitration arising out of or related to this Agreementthese Terms.
Appears in 1 contract
Samples: Terms of Use
Governing Law and Rules. This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of Arizonathe State of California, exclusive of conflict or choice of law rules. The parties acknowledge that this Agreement evidences these Terms evidence a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph foregoing with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement these Terms shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to this Agreementthese Terms, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this Agreementthese Terms, the arbitrator may not award any incidental, indirect indirect, or consequential damages, including damages for lost profits. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreementthese Terms) with respect to any final award in an arbitration arising out of or related to this Agreementthese Terms.
Appears in 1 contract
Samples: Terms of Use