Common use of GOVERNING LAW; ARBITRATION; CLASS ACTION WAIVER Clause in Contracts

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.

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 xxxxx@xx.xxx or by mail to 00000 Xxxxxx Xx Xxxxxxxx0000 X. Xxxxx Xxxxxxxxxx, Texas 78163Xxxxx 000, Xxxxxx, Xxxxx 00000, 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. For arbitrations outside of California, the arbitrator shall have the authority to award attorney's fees and costs to the prevailing party if such an award is allowed under applicable law. For arbitrations within California, the arbitrator shall not have the authority to award attorney's fees and costs to a claimant who does not prevail against.

GOVERNING LAW; ARBITRATION; CLASS ACTION WAIVER. This Agreement and your activities under it, These Terms are governed solely by and shall be construed solely in accordance with the laws of the United States and the State of TexasCalifornia, U.S.A., without regard to its principles of conflicts of law law, and regardless of your location. Except for disputes that qualify for small claims courtEXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, any controversy or claim arising out of or related to this Agreement ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND COMPANY, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON 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 resolved through final and binding conducted in Los Angeles County, California before one arbitrator. The 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 JAMS pursuant to its Commercial Comprehensive Arbitration Rules and Mediation Procedures (Commercial Rules)then in effect. In To the event extent that the Commercial Rules conflict with any provision of this Agreementarbitrator deems reasonable, the terms 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 this Agreement California. Arbitration proceedings will controlbe conducted in English and will be conducted in a manner that preserves confidentiality. A party The arbitrator’s decision will initiate an arbitration under this Agreement by providing notice follow the plain meaning of the relevant documents and a demand 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 arbitration protection of its intellectual property rights (including the rights of its licensors), and you agree to exclusive jurisdiction of the other party according state and federal courts located in Los Angeles County, California, and waive any jurisdictional, venue or inconvenient forum objections to the Commercial Rulessuch courts. The parties will work together share the costs of arbitration equally with respect 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 JAMS fees; provided that each party will be appointed according to the Commercial Rulessolely responsible for its own attorneys’ fees and costs.

GOVERNING LAW; ARBITRATION; CLASS ACTION WAIVER. This Agreement EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND THE COMPANY (WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY) WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF A COURT. YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A JURY TRIAL. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. UNLESS BOTH SIDES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE IN ANY FORM OF CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDINGS. The Federal Arbitration Act will govern the interpretation and your activities under itenforcement of this Arbitration Agreement, are governed solely by and shall be construed solely in accordance with the substantive laws of the United States and the State of Texas, U.S.A., California govern these Terms—without regard to its principles of conflicts of law law, and regardless of your location. Except Prior to initiating the arbitration, the initiating party will give written notice to the other party of its claim, and the parties will have 60 days to negotiate and attempt to resolve the dispute, after which time unresolved claims may proceed to arbitration. The arbitration will be conducted in Los Angeles County, California before one arbitrator. The parties will share the costs of arbitration equally with respect to JAMS fees; provided that each party will be solely responsible for disputes that qualify its own attorneys’ fees and costs. Notwithstanding the foregoing, if you are an individual consumer, as defined by JAMS, then you will have the right to an in-person arbitration hearing in your hometown area, and we will be responsible for small claims 100% costs and fees of the arbitration charged by JAMS (but each party will be solely responsible for its own attorneys’ fees and costs). The arbitration will be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures then in effect. The arbitration shall be subject to streamlined or expedited procedures. The arbitrator, and not any federal or state court, shall have exclusive authority to resolve any controversy or claim dispute arising out of or related relating to this Agreement the interpretation, applicability, arbitrability, enforceability, or formation of these Terms. To the extent that the arbitrator deems reasonable, the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Arbitration proceedings will be resolved through conducted in English and 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 arbitration before a neutral and may be entered thereafter by any court of competent jurisdiction. The arbitrator instead shall not be empowered to award punitive damages to any party. Notwithstanding any of the foregoing, nothing in a court by a judge these Terms will preclude us from seeking any injunctive relief 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 other provisional remedy in U.S. state or federal courts for protection of its intellectual property rights (including the right to trial by a juryrights of its licensors), and you are agreeing agree 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 exclusive jurisdiction of the earlier of: (a) the date you first use or access the Servicesstate and federal courts located in Los Angeles County, California for such claims; and (b) the date you click waive any jurisdictional, venue, 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 inconvenient forum objections 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 Rulessuch courts.

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 xxxxxx@xxxxxxxxxxxxxxxxxxxxx.xxx or by mail to mailto: 00000 Xxx 00 X., Xxx 000-000, Xxxxxx Xx XxxxxxxxXxxxxx, Texas 78163Xxxxx 00000, 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.

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 xxxxx@xx.xxx or by mail to 00000 Xxxxxx Xx Xxxxxxxx0000 X. Xxxxx Xxxxxxxxxx, Texas 78163Xxxxx 000, Xxxxxx, Xxxxx 00000, 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 “okOK” (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. For arbitrations outside of California, the arbitrator shall have the authority to award attorney's fees and costs to the prevailing party if such an award is allowed under applicable law. For arbitrations within California, the arbitrator shall not have the authority to award attorney's fees and costs to a claimant who does not prevail against.