GOVERNING LAW; ARBITRATION; CLASS ACTION WAIVER Sample Clauses

GOVERNING LAW; ARBITRATION; CLASS ACTION WAIVER. This Agreement and your activities under it, are governed solely by and shall be construed solely in accordance with the laws of the United States and the State of Texas, U.S.A., without regard to its principles of conflicts of law regardless of your location. Except for disputes that qualify for small claims court, any controversy or claim arising out of or related to this Agreement will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. You agree that we and you are each waiving the right to trial by a jury, and you are agreeing to give up any legal right you may have to participate in a class arbitration or class action. If you do not want to be bound by this arbitration provision, you may opt out without prejudice or penalty. In order to opt out of this arbitration provision, you must notify us in writing that you do not want to resolve disputes with us by arbitration, and such notice should be delivered by e-mail to xxxxxxxxxxxxxxxxxxxxx@xxxxx.xxx or by mail to 00000 Xxxxxx Xx Xxxxxxxx, Texas 78163, Attn: Legal Department, within thirty (30) days of the earlier of: (a) the date you first use or access the Services; and (b) the date you click or tap any button or box marked “accept,” “agree” or “ok” (or a similar term) in connection with this Agreement (including registering your account). Arbitrations conducted pursuant to this Agreement will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and Mediation Procedures (Commercial Rules). In the event the Commercial Rules conflict with any provision of this Agreement, the terms of this Agreement will control. A party will initiate an arbitration under this Agreement by providing notice and a demand for arbitration to the other party according to the Commercial Rules. The parties will work together to agree on the appointment of an arbitrator within twenty (20) days of the initiation of the arbitration. If the parties cannot agree on an arbitrator, one will be appointed according to the Commercial Rules.
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GOVERNING LAW; ARBITRATION; CLASS ACTION WAIVER. (1) This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of Insert Juristiction Of Governing Authority Here. Any dispute or claim arising between you and N21 will be submitted to and shall be resolved by final and binding arbitration in Insert city of N21 office here, and shall be governed by Insert Local Arbitration Authority here then in effect. All information disclosed as a part of the Arbitration process shall be kept confidential. Notwithstanding the foregoing, any claims for injunctive relief in order to prevent any ongoing copyright or trademark infringement may be brought in the appropriate court in the Insert Country/Juristiction Name here with jurisdiction to hear such claims.
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GOVERNING LAW; ARBITRATION; CLASS ACTION WAIVER. (1) This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of Mumbai Courts. Any dispute or claim arising between you and N21 will be submitted to and shall be resolved by final and binding arbitration in Mumbai, and shall be governed by Courts of Mumbai then in effect. All information disclosed as a part of the Arbitration process shall be kept confidential. Notwithstanding the foregoing, any claims for injunctive relief in order to prevent any ongoing copyright or trademark infringement may be brought in the appropriate court in the India with jurisdiction to hear such claims.
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GOVERNING LAW; ARBITRATION; CLASS ACTION WAIVER. These Terms are governed by the laws of the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. AN INDIVIDUAL BASIS; YOU WAIVE YOUR RIGHT TO A JURY TRIAL; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION . The arbitration will be conducted in Los Angeles County, California before one arbitrator. The arbitration will be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures then in effect. To the extent that the arbitrator deems reasonable, the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Any in-person appearances requested by the arbitrator will be held in the State of California. Arbitration proceedings will be conducted in English and will be conducted in a manner that preserves confidentiality. The arbitrator’s decision will follow the plain meaning of the relevant documents and will be final and binding. The arbitrators shall not be empowered to award punitive damages to any party. Notwithstanding any of the foregoing, nothing in these Terms will preclude us from seeking any injunctive relief or other provisional remedy in U.S. state or federal courts for protection of its intellectual property rights (including the rights of its licensors), and you agree to exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, and waive any jurisdictional, venue or inconvenient forum objections to such courts. The parties will share the costs of arbitration equally with respect to JAMS fees; provided that each party will be solely responsible for its own attorneys’ fees and costs.
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GOVERNING LAW; ARBITRATION; CLASS ACTION WAIVER 
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Related to GOVERNING LAW; ARBITRATION; CLASS ACTION WAIVER

  • Governing Law; Disputes 15.1 The laws of the State of New York, U.S.A. govern this Agreement, and the relationships created by it, except for its laws regarding conflicts of law and arbitrability; the Federal Arbitration Act governs all issues of arbitrability. Neither party may bring a claim more than two years after the underlying cause of action first accrues. 15.2 Each party agrees to give the other prompt written notice of any claim, controversy, or dispute arising under or related to this Agreement, and both parties agree to engage in good faith discussions to resolve the matter. If that fails to resolve the matter promptly, upon the election of either party, the parties will participate in a non-binding mediation before a mutually agreed mediator. Any controversy, claim or dispute which is not resolved through the procedures set forth above within 60 days following the initial notice (or such longer period as the parties may agree) will be resolved by arbitration before a sole arbitrator who is an attorney, under the then-current Commercial Arbitration Rules of the American Arbitration Association. The duty and right to arbitrate will extend to any employee, officer, director, shareholder, agent, or affiliate, of a party to the extent that right or duty arises through a party or is related to this Agreement. The decision and award of the arbitrator will be final and binding, and the award rendered may be entered in any court having jurisdiction. The arbitrator is directed to hear and decide potentially dispositive motions in advance of a hearing on the merits by applying the applicable law to undisputed facts and documents. The arbitration will be held in Atlanta, Georgia, U.S.A. This Section 15.2, and the obligation to mediate and arbitrate, will not apply to claims for infringement, misappropriation or misuse of a party’s intellectual property or Confidential Information, or collection of sums owed to NCR Voyix under this Agreement. A party may at any time seek from a court of competent jurisdiction an injunction or other equitable relief in aid of arbitration. The arbitrator will not have authority to award punitive damages, non- compensatory damages, or any damages other than direct damages, nor have authority to award direct damages inconsistent with the limitations and exclusions set forth in this Agreement. The United Nations Convention for the International Sale of Goods does not apply to this Agreement.

  • Governing Law and Arbitration 9.1 The interpretation, construction and enforcement of this Agreement, and all rights and obligations between the Parties hereunder, shall be governed by the laws of New Zealand, provided, however, that nothing herein shall relieve the Parties from the applicable requirements of the U.S. Shipping Act of 1984, codified at 46 U.S.C. § 40101 et seq. 9.2 Any dispute or claim arising out of or in connection with this Agreement which cannot be resolved amicably shall be referred to arbitration in Auckland, New Zealand in accordance with the procedures applicable there for the time being in force at the commencement of the arbitration.

  • Step 4 - Arbitration After receipt of a notice to arbitrate from the Lodge President, designees of the City Manager and the Lodge President shall attempt to agree on an arbitrator. If this attempt is not successful or is waived, the arbitrator shall be selected by the parties making a joint request to the Federal Mediation and Conciliation Service (FMCS) for a panel list of nine (9) arbitrators with business addresses in Ohio. The parties shall then choose an arbitrator by alternately striking names from the list until such time as one (1) name remains as the arbitrator chosen by the parties. Prior to beginning the striking procedure, either the Employer or the Lodge may reject the list and submit a request for another list from the arbitration tribunal. Each party may only reject the list once. In issuing an award, the arbitrator shall be limited to the enforcement of the specific provisions of the Agreement. The arbitrator may not alter, amend, modify, add to or subtract from the provisions of the Agreement. The question of arbitrability of a grievance may be raised by the Employer or the Lodge before the arbitration hearing on the grounds that the matter is nonarbitrable or beyond the arbitrator's jurisdiction. The first question to be placed before an arbitrator will be whether or not the alleged grievance is within the purview of arbitrability. Thereafter, the alleged grievance will be heard on its own merits before the same arbitrator. The decision of the arbitrator shall be final and binding, subject to appeal under applicable state law. The arbitrator shall be without authority to recommend any right to relief on any alleged grievance occurring at any other time than the agreement period in which the right originated. The arbitrator shall not establish any new or different wage rates not negotiated as part of the Agreement. In case of discharge, suspension or reduction, the arbitrator shall have the authority to award modification of said discipline. Both the Lodge and the Employer shall share equally in the cost of the arbitration proceedings. Any member whose testimony is relevant to the arbitration, shall be released with pay to attend the hearing, provided that the hearing is held during the member's regular work hours. The expenses of any non-member witnesses shall be borne by the party requesting the non-member's attendance at the Arbitration Hearing. The arbitrator shall render in writing his or her findings and the award as quickly as possible within thirty (30) calendar days after the hearing is closed and post-hearing briefs are submitted. The arbitrator shall forward such findings and award to the City Manager, or designee, and to the Lodge President, or designee.

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