IN SMALL CLAIMS COURT. Governing Law: For residents of the United States, the procedures and effect of the arbitration will be governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) rather than by state law concerning arbitration, except in Oregon and Wisconsin, where state law will govern. For residents of Canada, the procedures and effect of the arbitration will be governed by the applicable arbitration law of the province in which you purchased your Xxxxxxx unit. The law governing your substantive warranty rights will be determined in accordance with the terms and conditions of this Agreement. Venue: Arbitration will be conducted in the federal district in which you reside or, for Canadian residents, in the province in which you reside. Costs: Each party is responsible for its own attorney, expert, and other fees unless applicable law requires otherwise. Obligor will pay your share of the fees charged by the arbitration organization and arbitrator(s) beyond the first $200. Where permissible by law, you may be required to reimburse Obligor for the fees of the arbitration organization and arbitrator(s) in whole or in part by decision of the arbitrator(s) at the discretion of the arbitrator(s). Rules of the Arbitration: The arbitration will be decided by a single arbitrator. The arbitrator will be chosen pursuant to the rules of the administering arbitration organization. United States residents may choose the American Arbitration Association (0000 Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, XX 00000,xxx.xxx.xxx), JAMS (0000 Xxxx Xxxxxx, Xxx. 000, Xxxxxx, XX 00000, xxx.xxxxxxx.xxx), or, subject to our approval, any other arbitration organization. In addition, Canadian residents may choose the ADR Institute of Canada (000 Xxxxxxxx Xxx. East, Suite 000, Xxxxxxx, Xxxxxxx, X0X 0X0,xxx.xxxx.xxx). These organizations’ rules can be obtained by contacting the organization or visiting its website. If the chosen arbitration organization’s rules conflict with this Arbitration Clause, the provisions of this Arbitration Clause control. The award of the arbitrator(s) shall be final and binding on all parties. Location: Unless applicable law provides otherwise, the arbitration hearing for United States residents will be conducted in the federal district in which you reside or, for Canadian residents, in the province in which you reside. Survival and Enforceability of this Arbitration Clause: This Arbitration Clause shall survive the expiration or termination, or any transfer, of the Agreement. If ...
IN SMALL CLAIMS COURT. Claims filed in a small claims court are not subject to arbitration, so long as the matter remains in such court and advances only an individual (non-class, non- representative) Claim.
